Damp and mould complaints need to be taken seriously and dealt with promptly: they can affect health, and they're an area of growing regulatory attention.
The legal framework in England
Fitness for human habitation (section 9A). Since the Homes (Fitness for Human Habitation) Act 2018, most tenancies in England include an implied covenant that the dwelling is fit for human habitation at the start of the tenancy and throughout it. Section 10 lists what's taken into account, and freedom from damp is one of them, along with ventilation, repair and prescribed hazards. A tenant can enforce this through the courts.
The Housing Health and Safety Rating System (Housing Act 2004). Local councils assess hazards in residential property, and damp and mould growth is one of the listed hazards. Where a council finds a serious hazard it can take enforcement action, such as an improvement notice.
Repairs (section 11). Where damp results from disrepair (a leaking gutter, a failed roof, a broken pipe), the repairing covenant applies.
Awaab's Law. Strict timescales for investigating and fixing damp and mould hazards now apply to social landlords. The government has said similar requirements will be applied to private renting; check the current position before relying on it either way.
Common points of dispute
- Cause. Condensation, penetrating damp and rising damp have different causes and different fixes. The complaint often turns on which it is. An inspection with findings recorded is worth more than an opinion.
- Lifestyle advice. Advice about ventilation and drying clothes can be appropriate, but a response that only blames the tenant, without investigating the building, rarely lands well with a redress scheme.
- Delay. As with repairs, when the problem was reported and what happened next is usually central.
Records to pull
- When it was first reported, photos, and every follow-up.
- Inspection notes, moisture readings, and the likely cause identified.
- Ventilation and extractor fan checks.
- Works done, by whom and when; and what was advised to the tenant.
- Any health concerns raised, and any council involvement.
Answering it
Set out what was reported, what was inspected and found, what's been done and what will be done, with dates. Where the tenant cites the law, match their point to the provision: fitness under section 9A is different from a repair under section 11, and a council's hazard assessment is different again.
Casebriar separates a tenant complaint into its issues, checks the legal claims it covers against legislation.gov.uk and lists the records you’ll need. It’s in a free pilot with letting agents in England.
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