Damp and mould at Birmingham City Council
If you rent from Birmingham City Council and your damp and mould problem has been left unfixed, the law sets clear deadlines for getting it put right, and you may have a claim. Here is what Birmingham City Council must do and how to act.
Why this matters
Birmingham's housing repairs were already under regulatory scrutiny before the financial crisis. Tenants who've waited months for major works should know that financial pressure on the council does not lawfully extend Awaab's Law deadlines or remove Section 11 duties. Specifically for damp and mould, Respiratory infections (linked to Awaab Ishak's death, December 2020) is a recognised health risk under Section 11, Landlord and Tenant Act 1985 + Homes (Fitness for Human Habitation) Act 2018, and Birmingham City Council have a legal duty to act.
The legal anchor
Section 11, Landlord and Tenant Act 1985 + Homes (Fitness for Human Habitation) Act 2018 gives you the right to repairs in a reasonable time. Under Awaab's Law (in force October 2025), Birmingham City Council have a significant-hazard duty under Awaab's Law: 10 working days to investigate, then 5 working days from the end of that investigation to complete the safety work from the moment you reported the problem.
What to gather
- Photograph every mould patch with a date-stamped phone camera (settings → camera → 'date stamp' on)
- Keep every email, letter, and text message you've sent to your landlord, even WhatsApp screenshots count
- Ask your doctor for a written note linking your symptoms to home conditions
Contact: Birmingham City Council complaints team (visit their website for the current address)
FAQs
Can I claim against Birmingham City Council for damp and mould?
Yes. Birmingham City Council have a legal duty under Section 11, Landlord and Tenant Act 1985 + Homes (Fitness for Human Habitation) Act 2018. If you've reported the problem and they've ignored you, you can claim compensation and force the repair. How much you could get depends on how long it went on, how serious it was, and any effect on your health.
How long do Birmingham City Council have to fix damp and mould?
Under Awaab's Law, Birmingham City Council must act within a significant-hazard duty under Awaab's Law: 10 working days to investigate, then 5 working days from the end of that investigation to complete the safety work. If the problem is dangerous (24-hour emergency category), they must act immediately.
What if Birmingham City Council have already inspected but done nothing?
An inspection alone doesn't satisfy Awaab's Law. The clock keeps ticking until the repair is done. Keep records of every inspection date and outcome.
Do I need a solicitor to claim against Birmingham City Council?
You don't have to use one. You can pursue a complaint yourself. We offer a no-win-no-fee panel of SRA-regulated solicitors. Largest council landlord in England (~60,000 homes). 2023 regulatory notice over major H&S failings. Section 114 council.
Related
Closing thought
Largest council landlord in England (~60,000 homes). 2023 regulatory notice over major H&S failings. Section 114 council. Being a large landlord does not excuse ignoring Awaab's Law. If your home is making you sick, we can help. Call 0800 030 4669 or start your claim online.
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