Damp and Mould in Dwellings Compliance for Landlords

Landlords in England are legally required to ensure that their rental properties are fit for human habitation and free from hazards, including damp and mould. A failure to identify and address these issues can lead to serious health risks for tenants, legal claims, enforcement action, and significant financial penalties.

To support compliance a suite of professionally drafted templates and guidance notes are available that help landlords understand and meet their obligations.

Why Landlords Need to Take Damp and Mould Seriously

Under key legislation such as the Landlord and Tenant Act 1985, The Housing Act 2004, and The Homes (Fitness for Human Habitation) Act 2018, landlords have a statutory duty to maintain their properties in a safe and habitable condition. This includes addressing damp and mould promptly and effectively.

Social landlords in particular must also comply with the Social Housing (Regulation) Act 2023 and the Decent Homes Standard, both of which were introduced as a result of the tragic death of two year old Awaab Ishak who died from a severe respiratory infection caused by prolonged exposure to damp and mould.

Upcoming Changes

The Renters Rights Bill proposes to introduce Awaab's Law and extend the Decent Homes Standard into the private rented sector. These reforms are expected to impose stricter requirements and shorter timeframes for landlords to investigate and remedy damp and mould complaints from tenants.

Why Use These Documents

This collection of Guidance Notes, checklists, and tenant communication letter templates have been carefully drafted by a legal professional to ensure clarity, accuracy and compliance with current legislation. These resources help landlords identify risks early, manage repairs efficiently, and maintain a safe habitable environment for tenants.

Damp and Mould Guidance Note provides a detailed overview of the key obligations of landlords in relation to damp and mould. The Checklist should be used together with the Guidance to record and monitor any issues concerning damp and mould.

A professional template Damp and Mould Information Letter to Tenant can be provided to the tenant at the beginning of the tenancy and provides useful information for the tenant on reducing damp and mould problems in a tenancy.

The Letter to Residential Tenant Requesting Access to Carry Out a Damp and Mould Inspection and Letter to Residential Tenant Requesting Access to Carry Out Damp and Mould Works are useful template letters to request access for repairs which is important for landlord to document when ensuring compliance.

Using these professionally prepared documents allows landlords to:

demonstrate compliance with legislation
maintain accurate and transparent records
communicate effectively and professionally with tenants
protect tenant health and wellbeing
reduce risk of legal claims, fines and enforcement action

Please click on the links below for full details of the available documents.

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Frequently Asked Questions

A tenant has complained about damp and mould, what am I legally required to do? +

Treat it seriously and act promptly. Under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018 you must keep the property free from serious hazards, and damp and mould are assessed under the Housing Health and Safety Rating System. Investigate the cause rather than just the surface, arrange repairs and keep records. Ignoring a report can lead to a tenant claim, council enforcement and compensation.

I need access to inspect for damp but the tenant will not let me in, what can I do? +

Give proper written notice and keep asking in writing. You have a right to enter for inspection and repair, but only with at least 24 hours' written notice and at a reasonable time, and you cannot force entry. Document every request. If access is unreasonably refused and the problem is serious, that record supports later steps such as a court order. The access request letters here are drafted for damp inspections and works.

Can the council make me deal with damp and mould? +

Yes. Under the Housing Health and Safety Rating System in the Housing Act 2004 a council environmental health officer can inspect and rate damp and mould as a hazard. Where they find a serious category 1 hazard they must take enforcement action, which can mean an improvement notice, a prohibition order, carrying out the works in default and recharging you, or prosecution. Acting promptly on a tenant's complaint is the best way to avoid this.

The mould looks like condensation from how the tenant lives. Is it still my problem? +

Often yes. You cannot simply blame the tenant's lifestyle. The Homes (Fitness for Human Habitation) Act 2018 requires the home to be free from serious damp throughout the tenancy, so if condensation is really down to inadequate ventilation, heating or insulation, that is a property defect you must put right. Where the tenant's behaviour genuinely contributes, deal with the building causes first, give clear written advice and keep records.

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Damp and Mould in Dwellings Compliance for Landlords

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