Mould & Damp in Rental Properties: UK Legal Duties and What Every Landlord Must Know

If you’re a UK landlord, mould is more than just a maintenance nuisance — it’s a legal and financial risk. Left untreated, even small damp patches can trigger tenant claims, void your insurance, and cost thousands in enforcement orders. Here’s what you need to know — and do.

Why Mould Matters: More Than Just a Dirty Wall

Mould is often the visible symptom of underlying building issues:

• Poor ventilation
• Roof or plumbing leaks
• Cold bridging and condensation
• Failed damp-proof course

Beyond health concerns, mould can legally render your property “unfit for habitation” — with serious consequences.

Your Legal Obligations as a Landlord

1. Housing Act 2004 – HHSRS Enforcement

The Housing Health and Safety Rating System (HHSRS) identifies damp and mould growth as a Category 1 hazard. Local authorities can issue:

• Improvement Notices
• Prohibition Orders
• Emergency Remedial Action
• Rent Repayment Orders

2. Landlord and Tenant Act 1985 – Structural Responsibility

You’re legally responsible for maintaining:

• The structure and exterior of the property
• Installations for water, heating, and ventilation

3. Homes (Fitness for Human Habitation) Act 2018

This law allows tenants to sue landlords directly if the property is deemed unfit to live in due to damp or mould. No council involvement is needed.

4. Building Regulations 2010 – Approved Document C

When building or renovating, you’re required to prevent moisture ingress and ensure proper insulation and ventilation. Learn how we ensure compliance with building regulations here.

5. Environmental Protection Act 1990

If mould causes a statutory nuisance, tenants or councils can issue abatement notices and escalate to court if ignored.

6. Defective Premises Act 1972

Landlords can be held liable if a tenant suffers illness due to untreated mould and damp.

Real-World Landlord Pain Points

Stage	Pain Point	Consequence
🟡 Early	Mould ignored or unseen	Long-term rot, hidden repairs later
🟠 Complaint stage	Tenants report it, DIY fails	Repainting doesn’t solve the core issue
🔴 Critical	Legal notice or health issue	Rent orders, voids, insurance voidance

What Proactive Landlords Should Do

• Install humidity monitors or PIV systems
• Check extractor fans, window seals, roofs, and gutters
• Schedule annual damp and mould inspections
• Keep a record of all complaints and repairs
• Fix root causes, not just symptoms