Lettings agents and landlords warned about the cost of damp and mould in rental properties: the position in 2026
Lettings agents and landlords warned about the cost of damp and mould in rental properties is a critical message for anyone managing or occupying UK rental homes. This warning highlights the legal and health implications of failing to address damp and mould issues promptly and adequately. In 2026, this issue gains even more urgency with recent legislative changes aimed at protecting tenants' rights and ensuring their living conditions are fit for human habitation.
The presence of damp and mould in rental properties not only damages the structure but also poses significant health risks to residents. This is particularly relevant in the context of new laws that have tightened standards for property maintenance and habitability, placing greater responsibility on landlords and agents to keep their properties free from such hazards.
What the law says
Under the Housing Act 1988 (sections 8, 13, and 21), Landlord and Tenant Act 1985 (section 11), and Deregulation Act 2015 (section 33), landlords are obligated to provide tenants with a home that's fit for human habitation. This includes ensuring that the property doesn't suffer from damp, condensation, or mould growth. The Housing Act 2004 (sections 213-215) further reinforces these duties by imposing penalties and fines on landlords who fail to address such issues. the Tenant Fees Act 2019 prohibits letting agents from charging tenants for services that include handling complaints about damp or mould.
These statutes collectively highlight the legal responsibility of landlords and lettings agents to maintain their properties in a condition suitable for habitation, thereby preventing health risks associated with poor living conditions.
How the Renters' Rights Act 2025 changes this
The Renters' Rights Act 2025 significantly altered the situation of tenant protection by abolishing Section 21 notices and mandating that periodic tenancies begin from day one without a fixed term. This shift ensures greater stability for tenants, who are now better equipped to address long-term issues like damp and mould without fear of eviction.
the Act introduces an annual rent cap under Section 13, limiting how much landlords can increase rental prices each year. Lettings agents and landlords warned about the cost of damp and mould in rental properties also extends the Decent Homes Standard to the private rented sector (PRS), requiring all PRS properties to meet minimum standards for safety and energy efficiency, including measures against dampness and mould.
Awaab's Law, named after Awaab Ishak who died from toxic black mould in his Birmingham home, is now extended to cover private landlords. This provision holds those responsible for rental properties accountable if tenants suffer ill health due to unsuitable living conditions. the Act establishes a new PRS Ombudsman and requires all letting agents to register with a central PRS Database. Enhancing transparency and accountability in the sector.
These changes collectively enhance tenant protection against damp and mould issues, making it clearer what landlords must do to comply with legal requirements.
What this means for tenants
Tenants now have stronger rights to demand that their rental property remains free from damp and mould. Under Awaab's Law, if a tenant's health deteriorates due to poor living conditions, they may be entitled to seek compensation through the PRS Ombudsman or legal action. Additionally, with the annual rent cap in place, tenants can focus on addressing living condition issues without worrying about excessive rent hikes.
If damp and mould are present, tenants should document their concerns formally and request repairs promptly. If the landlord fails to act within a reasonable timeframe (typically 24 hours for urgent cases), tenants may seek further action through environmental health departments or deposit dispute schemes. These steps ensure that tenants can advocate effectively for healthy living conditions.
What this means for landlords
Landlords are now expected to adhere strictly to legal requirements regarding the maintenance of rental properties free from damp and mould. Failure to comply with these standards can result in penalties, fines, and even personal injury claims from affected tenants. To avoid such issues, landlords should conduct regular inspections, address any signs of damp or condensation immediately, and ensure proper ventilation and heating systems are in place.
By complying with the Decent Homes Standard and registering on the PRS Database as mandated by the Renters' Rights Act 2025, landlords demonstrate their commitment to providing suitable living conditions for tenants. At Lettings agents and landlords warned about the cost of damp and mould in rental properties, this proactive approach not only protects them from legal repercussions but also enhances tenant satisfaction and reduces turnover rates.
Common scenarios
- Tenant reports persistent damp issues: A tenant discovers black mould in several rooms after just a few months of renting. Despite multiple complaints, the landlord fails to act promptly or effectively address the problem.
- Landlord refuses repair requests: After noticing condensation on windows and walls during winter, a tenant requests repairs but receives no response from the landlord within 48 hours. The issue worsens over time.
- Health implications due to mould: A family living in a rental property suffers from respiratory issues linked to persistent dampness and mould growth. Despite repeated complaints, the landlord does nothing to resolve the situation.
Each scenario highlights how tenants can be adversely affected by unaddressed damp and mould problems, highlighting the importance of landlords' compliance with legal obligations.
Evidence tenants should keep
Tenants dealing with damp or mould issues must gather strong evidence to support their claims. This includes:
- Photos: Document visible signs of dampness and mould growth.
- Correspondence: Keep all emails, letters, and phone logs detailing communication with the landlord regarding repairs.
- Dates: Note when complaints were made and when responses were received or not received.
- Medical records: If health issues arise due to living conditions, keep medical reports linking symptoms to poor housing quality.
These documents are important for proving that tenants have taken reasonable steps to address problems and can be used as evidence in formal disputes or legal proceedings.
What to do if things go wrong
If damp and mould persist despite tenant efforts, the following escalation path may help resolve issues:
- At Lettings agents and landlords warned about the cost of damp and mould in rental properties, Complaint letter: Send a formal complaint to the landlord outlining the problem, requesting urgent action, and providing any relevant documentation.
- Council environmental health department: If no response from the landlord, contact local council environmental health officers who can inspect the property and enforce necessary repairs.
- Deposit scheme dispute: Use deposit protection schemes if the issue affects the condition of the property at checkout, potentially impacting the returnable deposit amount.
- [Housing Ombudsman](https://thetenantsvoice.co.uk/category/env-health): File a complaint with the Housing Ombudsman for independent review of landlord-tenant disputes.
- PRS Ombudsman: For complaints under Awaab's Law or other PRS-related issues, submit them to the newly established PRS Ombudsman.
- First-tier tribunal: If unresolved at earlier stages, tenants may seek a hearing before a first-tier tribunal for formal adjudication.
- County court: As a last resort, initiate legal proceedings in a county court if all other avenues fail.
Each step offers increasing levels of intervention and oversight to compel landlords to address damp and mould issues adequately.
Common mistakes to avoid
Both tenants and landlords often fall into common pitfalls when dealing with damp and mould:
- Ignoring initial signs: Landlords may overlook minor issues, assuming they will resolve themselves naturally.
- Lack of documentation: Tenants might fail to maintain thorough records of complaints and repairs requested, weakening their case if escalation becomes necessary.
- Hasty evictions: Landlords may try to circumvent tenant protections by issuing unfair eviction notices instead of addressing legitimate issues like damp and mould.
- Underestimating health risks: Both parties could underestimate the severe health impacts associated with living in conditions plagued by dampness and mould.
Avoiding these mistakes ensures that both tenants and landlords can deal with disputes effectively, prioritising health and safety over legal or financial concerns.
Where to get help
Tenants facing damp and mould issues should seek assistance from organisations like Shelter, Citizens Advice, or their local council's housing team. These bodies provide advice on tenant rights, dispute resolution processes, and may offer direct intervention in problematic cases.
For legal aid availability, tenants can consult the Legal Aid Agency website for eligibility criteria and application guidance. This support is important for those unable to afford private legal representation when pursuing formal complaints or court action against non-compliant landlords.
By utilising these resources, both tenants and landlords can better understand their obligations under current legislation, ensuring healthier living conditions for all involved parties.