Reference
Housing Disrepair UK 2026: Damp, Mould & Tenant Rights
Reviewed by a qualified UK housing solicitor • Updated: May 2026
Sources: GOV.UK, Shelter England, NRLA, Citizens Advice
Reading time: ~10 min
Damp and mould are landlord issues, not tenant lifestyle problems. Tenants have multiple legal routes — direct claim under the Homes Act, council Improvement Notices, Rent Repayment Orders, and (extending to private rentals) Awaab's Law response times.
The Law on Disrepair
Section 11 of the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018 require the property to be fit for human habitation throughout the tenancy. The Housing Health and Safety Rating System (HHSRS) gives councils enforcement powers.
Awaab's Law
Named after Awaab Ishak, who died aged two in 2020 from prolonged mould exposure in a Rochdale social housing flat. The law sets strict landlord response times for damp, mould and certain hazards. From 2026 the rules are being extended to the private rented sector.
Landlord Response Timelines
| Category | Examples | Expected response |
|---|---|---|
| Emergency | No heating in winter, raw sewage, gas leak | 24 hours |
| Significant hazard | Active damp, mould affecting children | 3 days |
| General repair | Single-room mould, drafty windows | Within 28 days |
How to Report Damp and Mould
Always start in writing. Take dated photos and keep a humidity / temperature log if you can.
Housing Disrepair Claim
A county court claim under the Homes Act and Section 11 LTA 1985. Remedies: an order for repair, damages for inconvenience and ill-health, and legal costs. No-win no-fee solicitors are widely available.
Rent Repayment Order
If serious failures continue and the council has served an Improvement Notice (or the landlord has committed certain offences), tenants can apply to the First-tier Tribunal for up to 12 months' rent repaid.
Frequently asked questions
Is damp always the landlord's responsibility?+
If the source is a structural defect, lack of ventilation, leaks or rising damp — yes. Condensation can be made worse by tenant behaviour but is rarely solely caused by it.