Landlords often blame tenants for damp and mould. Sometimes they are partly right. But if the underlying cause is structural, the landlord has a legal duty
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The short answer
Landlords often blame tenants for damp and mould. Sometimes they are partly right. But if the underlying cause is structural, the landlord has a legal duty to fix it regardless of how you live. An independent inspection is usually what settles the argument.
Key facts
- The 2024 to 2025 English Housing Survey found serious condensation (3% of homes) was more common than penetrating damp (2%) or rising damp (1%). English Housing Survey 2024-25, GOV.UK
- The Housing Ombudsman's 2021 report "Spotlight on damp and mould: it's not lifestyle" called on landlords to stop automatically blaming tenants' lifestyle for damp and mould. Housing Ombudsman, Spotlight on damp and mould
What landlords often say
The most common things landlords tell tenants are:
- "You are not ventilating properly"
- "You are drying clothes indoors"
- "You are cooking without lids on pots"
- "You need to open the windows more"
These explanations can sometimes contribute to condensation. But they do not explain rising damp, penetrating damp, or mould that appears on external walls, around window frames, or in corners that get no moisture from cooking or showering.
When the landlord's argument fails
Under Section 11 of the Landlord and Tenant Act 1985, your landlord must keep the structure and exterior of your home in repair. If damp is being caused by a structural defect, such as a failed damp-proof course, a leaking roof, defective pointing on external walls, or faulty guttering, the landlord must fix it. That duty exists regardless of your behaviour inside the home.
A structural cause does not become a lifestyle cause because the landlord says so. Their opinion is not evidence. An independent inspection is.
The Homes (Fitness for Human Habitation) Act 2018 adds another route. If your home is not fit to live in because of damp, you can make a county court claim. Again, a structural cause makes this a landlord's problem, not yours.
What to do
Get an independent inspection. An independent survey will identify whether the damp is coming from a structural source or is purely condensation-related. If it is structural, the report will say so. A surveyor's report carries weight in any complaint or legal process.
Gather evidence of the pattern. Photograph the affected areas regularly. Note whether the damp is worst after rain, on cold external walls, or in rooms with poor airflow. Rising damp tends to appear at the base of walls. Penetrating damp tends to follow the line of water entry from outside. Condensation tends to appear on cold surfaces indoors.
Write to your landlord formally. Once you have evidence, put your position in writing. State that you believe the cause is structural and that you are asking them to carry out a proper investigation rather than cosmetic treatment.
Request an HHSRS inspection. Your local council's environmental health team can inspect your home under the Housing Health and Safety Rating System. If they find a Category 1 hazard, they can serve an Improvement Notice on the landlord.
What if both things are true?
Sometimes there is both a structural defect and a ventilation issue. Even then, the landlord must fix the structural part. You may be asked to make adjustments to how you ventilate the home, but that does not let the landlord off the hook for their share.
When should I contact Support for Tenants?
Call us if your landlord is blaming you for damp and you believe the cause is structural, if a contractor has been sent but only painted over the mould without fixing the underlying problem, or if you want help arranging an independent inspection.
Call us free on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.
Sources
- Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
- Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
- Understanding and addressing the health risks of damp and mould in the home (GOV.UK)
Related articles
We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.
Reviewed against current housing law for England and Wales as at 15 June 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only and not guaranteed; every case is different.
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