Mould, Damp and Repairs: When Your Landlord Is Liable

Landlords frequently try to charge tenants for mould and damp damage, claiming it was caused by the tenant's "lifestyle" — not heating enough, not ventilating, drying clothes indoors. In many cases, this is wrong and may constitute an illegal deduction. The law places clear repair obligations on landlords, and recent changes have strengthened tenant protections significantly.

Awaab's Law

Following the tragic death of two-year-old Awaab Ishak from mould exposure in 2020, the government introduced Awaab's Law as part of the Social Housing (Regulation) Act 2023. While initially applying to social housing, this legislation sets a strong precedent for all landlords regarding their duty to address damp and mould promptly. Landlords must investigate hazards within 14 days and begin repairs within 7 days of investigation.

Section 11: Your Landlord's Repair Obligations

Under Section 11 of the Landlord and Tenant Act 1985, your landlord is responsible for keeping in repair: the structure and exterior of the property (including damp-proofing), installations for water, gas, electricity, and sanitation, and installations for heating and hot water. If mould results from structural issues — poor insulation, inadequate ventilation design, leaking roofs or walls, failed damp-proof courses — it is the landlord's problem, not yours, and falls under fair wear and tear principles.

The Homes (Fitness for Human Habitation) Act 2018

The Homes Act 2018 requires all rented properties to be fit for human habitation throughout the tenancy. Significant damp and mould can make a property unfit. Shelter advises that if your property has serious mould issues, the landlord may be in breach of this Act and you could have a counterclaim for compensation that far exceeds any deposit deduction.

Deposit Deductions for Mould

If your landlord tries to deduct for mould damage, the TDS adjudicators will consider: whether the property had adequate ventilation and insulation, whether the landlord maintained the structure and damp-proofing, whether the tenant was informed about ventilation requirements, and whether the mould was reported to the landlord. Citizens Advice confirms that if you reported mould and the landlord did nothing, they cannot then charge you for the resulting damage. An unprotected deposit combined with disrepair issues could also affect Section 21 eviction notices.