8 min read
Landlord responsibilities for mould
Mould in a rented home is rarely one person's fault, but responsibility for investigating it sits with the landlord. Getting the process right protects tenants and protects landlords from claims.
The legal position
Under the Homes (Fitness for Human Habitation) Act, a rented property must be free from serious hazards, and damp and mould is one of the hazards assessed. A landlord cannot simply blame tenant lifestyle and close the case.
Social landlords are also subject to Awaab's Law, which sets fixed timescales for investigating and acting on reported damp and mould hazards. Private landlords are held to a similar practical standard by councils and tribunals.
What a landlord should actually do
Acknowledge the report in writing and inspect promptly. Get an independent assessment where the cause is disputed. Fix defects that are causing moisture — failed extraction, leaking roofs, defective sealant, cold bridges.
Treat the mould rather than painting over it, and keep dated photographs and any inspection findings on file. Cleaning alone is not a certificate of legal compliance.
When it really is ventilation behaviour
Sometimes it genuinely is heating and drying habits. The answer is still not a letter telling the tenant to open a window. Provide adequate extraction, document what you have provided, and give practical written guidance.
An inspection should consider both building factors and occupancy patterns. Ask what written findings are available if you need documentation for a dispute.
Frequently asked
Can a tenant withhold rent over mould?
Withholding rent is risky and can lead to arrears action. Reporting in writing and escalating to the council's environmental health team is the safer route.
Do you provide reports for tribunals?
Tell us what documentation you need before booking. We can explain what inspection findings we can provide, but we do not issue certificates or guarantee a particular legal outcome.
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