Who pays to put damp right in a rented flat?

Usually, the landlord is responsible for putting right damp caused by a defect they are required to repair or by a home that is unfit to live in. Who pays for a particular job depends on what has caused the damp and the tenancy circumstances; a stain or patch of mould alone cannot settle that question. Report it to the landlord promptly and ask them to investigate the cause before anyone assigns blame or chooses a treatment.

What the landlord needs to investigate

Government guidance says that when a tenant reports damp and mould, the landlord should establish the source, check whether a property defect is causing it and carry out appropriate remedial work. That may mean inspecting the flat and, where relevant, parts of the building outside it. A photograph helps show what you have seen, but guidance prefers an inspection because the full extent and cause cannot always be judged from pictures.

Damp may have more than one cause. Water can enter through a building defect, while condensation can develop where ventilation, heating and the building's condition interact. A landlord should not treat normal cooking, bathing or drying laundry as proof that a tenant caused the problem. The guidance says blaming damp on occupants' lifestyle choices is unreasonable and that underlying building, ventilation, heating and efficiency problems need attention. An independent, suitably qualified damp surveyor can help identify the cause if it is unclear.

What the rules say about a rented home

The Homes (Fitness for Human Habitation) Act came into force on 20 March 2019. Government guidance says it covers social and privately rented houses and flats, subject to the type of tenancy. It requires a rented home to be fit for human habitation. Serious damp and mould can be relevant when deciding whether a home is reasonably suitable to live in. That is a question about the actual condition of the home, not an automatic finding from any small mark.

The same guidance recognises exceptions, including problems caused by irresponsible or illegal tenant behaviour and situations where permission for work cannot be obtained from another owner. These exceptions do not justify guessing at the cause. If you are unsure whether the Act covers your arrangement, Shelter or Citizens Advice can help you understand your tenancy and rights. They can also give legal help if the landlord disputes responsibility.

How to report the problem clearly

Tell the landlord or letting agent as soon as you notice damp. The government tenant guide recommends asking for the problem to be fixed in writing where possible, including by email or text, and keeping the message. Describe where the damp is, when you first noticed it and what seems to make it worse. Photographs can show its position and changes, while the written record shows when you reported it. Explain any visible building defect, such as water getting in, without presenting your observation as a final diagnosis.

Ask what inspection is planned and when you can expect an update. Make reasonable arrangements for access so the home can be checked. The landlord should tell you what is being done and the likely timescales. Keep copies of replies and note whether the damp returns after work. These practical records help both sides understand what has happened, particularly if a contractor needs to revisit the flat.

How long should a repair take?

The supplied government damp guidance says there is no specific legal period for damp and mould remedial work in the general situation it describes. It says landlords should respond promptly and deal with significant damp and mould, or significant concern for tenant health, as a matter of urgency. The tenant guide says repairs must be made within a reasonable amount of time, which depends on the problem and how serious it is. A promised date should therefore reflect the actual issue, inspection and work required; there is no single deadline here for every damp patch.

Converted mill flats in Lancashire

In a converted mill flat around Oldham or Blackburn, a damp patch may point to something within the flat or to a part of the wider building. A roof, outside wall or shared building detail may need checking alongside heating and ventilation in the room. The sensible question is where the moisture is coming from, not whose routine is easiest to blame. If the defect appears to sit outside the flat, tell the landlord what you have observed and ask that the relevant building parts be included in the inspection.

If the response stalls

Follow up in writing with the original report, any changes and the inspection or repair you are waiting for. If you remain worried, the government tenant guide says you can contact the local council; council and housing association tenants can also use their landlord's complaints process. Shelter and Citizens Advice can explain your options and give legal help for your own tenancy. The immediate aim is still a proper diagnosis and work that addresses the moisture source, rather than an argument based only on the visible mould.

This page gives general information, not legal or medical advice. For your own situation, use the organisations listed under "Where this comes from" at the foot of the page.