5 Things Renters Should Know About Their Rights Around Damp and Mould

Damp and mould in a rented property is a legal issue, and tenants have specific rights once it appears on a wall or ceiling. Who has to act, and how fast, depends on whether you rent from a social landlord or a private one, and that distinction matters.

1. Landlords Already Owe You a Legal Duty on Damp and Mould

Landlords have carried legal duties around damp and mould since before Awaab's Law existed, under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018. Where the cause is a leaking roof, faulty guttering or rising damp, responsibility sits with the landlord, not the tenant. Housing Ombudsman guidance also makes clear that a tenant's habits, such as drying washing indoors, can't be treated as an automatic excuse without the landlord checking the building itself first.

2. Social Housing Now Has Fixed Repair Timescales

Awaab's Law has applied to social landlords since 27 October 2025, replacing vague expectations with exact timeframes. A report of damp or mould that poses a serious health risk must be investigated within a set number of working days, and anything classed as an emergency hazard addressed within 24 hours. Meeting those deadlines depends on staff spotting a hazard the moment it's reported, which is why housing providers are increasingly building housing team upskilling training and Awaab's Law training for housing staff into how their repairs teams work.

3. Private Renters Aren't Covered by Awaab's Law Yet

Private tenants aren't covered by Awaab's Law yet, even though the Renters' Rights Act 2025 gives the government power to extend it. No start date has been confirmed, and housing lawyers point to 2027 as the earliest realistic date. Private rented homes already have higher rates of damp than social housing or owner-occupied properties, and councils now have on-the-spot fines available for landlords who leave a serious hazard unaddressed.

4. A Written Report Protects You Later

Putting a damp or mould report in writing, rather than mentioning it to a letting agent in passing, gives you something to point back to if the problem drags on. Note the date, the rooms affected, and take photos, then keep a short log if you chase it more than once. It's worth knowing that a large share of renters put off reporting damp and mould out of worry about how a landlord will react, but a written report doesn't need to be confrontational to work.

5. You Can Escalate If Nothing Happens

If a landlord doesn't act within a reasonable time, social housing tenants can escalate through the landlord's formal complaints process and then to the Housing Ombudsman Service, which can order repairs and compensation. Private tenants can still report unresolved damp or mould to their council's environmental health team, who can inspect the property and compel a landlord to fix serious hazards. The end of Section 21 evictions under the Renters' Rights Act should also make it less risky to complain, since a landlord can no longer end the tenancy in response.