This is one of the most common complaints we hear. A landlord or their contractor visits, applies mould-resistant paint or a bleach wash, and marks the
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This is one of the most common complaints we hear. A landlord or their contractor visits, applies mould-resistant paint or a bleach wash, and marks the repair as "completed." Within weeks, sometimes days, the mould is back. This is not a repair. It is a cosmetic treatment that leaves the underlying cause unaddressed, and it can actually make a legal claim stronger.
The short answer
Painting over mould without fixing the underlying damp problem does not discharge a landlord's legal duty to repair. A court will not treat a cosmetic treatment as a completed repair. Documenting the reappearance of mould after a cosmetic intervention is strong evidence that the root cause was never fixed.
Key facts
- The 2024 to 2025 English Housing Survey found about 5% of homes in England, around 1.4 million, had a problem with damp, most common in privately rented homes (10%). 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
Why painting over mould is not a repair
A landlord's duty under Section 11 of the Landlord and Tenant Act 1985 is to keep the structure of the property in repair and to maintain installations for heating and water in working order. Mould caused by damp entering through the structure, a leaking roof, defective pointing, poor flashing, a rising damp issue, is a structural problem.
Applying anti-mould paint covers the symptom. It does not address the moisture source. The mould returns because the underlying conditions that allowed it to grow have not changed. A landlord who does this has not carried out a repair within the meaning of the Act.
The Homes (Fitness for Human Habitation) Act 2018 similarly requires a home to be free from serious damp throughout the tenancy. A painted-over problem that recurs within weeks is still a serious damp problem.
Document the reappearance
If your landlord or their contractor has treated the mould and marked the job as completed, start photographing immediately after the work. If the mould comes back, and it often will within a few weeks, you have a timestamped record showing:
- the mould was present before the treatment
- a cosmetic treatment was applied
- the mould reappeared within a short time
- the underlying cause was not fixed
This sequence is powerful evidence that the root cause was never addressed. Courts and ombudsman investigators recognise this pattern.
Write to your landlord
As soon as the mould reappears, write to your landlord by email. Say that the mould has returned, that the cosmetic treatment did not address the underlying cause, and that you require an inspection to identify and fix the root cause. Attach photographs with dates.
Include the date the original treatment was carried out, so the timeline is clear.
Request an independent survey
A damp or mould survey carried out by a surveyor identifies the underlying cause, whether it is penetrating damp, rising damp, a condensation problem caused by structural failings, or a combination. Your landlord is responsible for commissioning and paying for this survey under their Section 11 repair duty.
If your landlord refuses to commission a survey, put that refusal in writing and request one through your council's environmental health team instead.
Why it makes your claim stronger
In a housing disrepair claim, evidence that a landlord carried out a cosmetic treatment rather than a genuine repair, and was on notice that the problem had returned, is highly relevant. It shows that:
- the landlord was aware of the problem (they attended to treat it)
- the repair was inadequate (the problem returned)
- the landlord failed to take further action after the inadequate repair
This can support a longer claim period and may increase the compensation awarded, because the landlord continued to be in breach of their obligations even after attempting a response.
What to do now
Take photographs today. Write to your landlord today. Keep a log of dates. If the landlord does not agree to a proper survey and genuine repair, contact environmental health and then call us.
When should I contact Support for Tenants?
If your landlord keeps painting over mould rather than fixing the cause, call us 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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