Damp and Mould: your rights explained
Damp and mould can seriously harm your health. Your landlord is legally required to investigate and fix it. Awaab's Law sets strict deadlines. Find out what they must do and when.
Get help with my complaintYour rights around damp and mould
Damp and mould in your home is not just a cosmetic problem. It can cause or worsen respiratory conditions including asthma, allergies, and fungal infections. Children and elderly people are particularly at risk.
Social landlords in England have a legal duty to keep your home free from serious damp and mould. Under Awaab's Law, which came into force in October 2025, they must investigate any damp or mould problem within 10 working days of you reporting it.
If they fail to do this, you have the right to make a formal complaint, and ultimately to refer to the Housing Ombudsman, which can order repairs and award compensation.
Legal deadlines
If the damp or mould poses an immediate health risk (for example, extensive black mould in a room where a young child or seriously ill person sleeps), your landlord must investigate and begin emergency action within 24 hours.
For all other damp and mould reports, your landlord must carry out a full investigation within 10 working days. After the investigation they must produce a written repair plan with a completion date.
Key facts
What counts as damp and mould?
Condensation damp (caused by cold walls and poor ventilation), penetrating damp (from leaks through walls or roof), rising damp (from the ground), and any visible mould growth, including black mould (Stachybotrys chartarum), green mould, and white mildew. All are covered by Awaab's Law.
What is your landlord's legal duty?
Your landlord must keep your home free from Category 1 hazards under the Housing Health and Safety Rating System (HHSRS). Severe damp and mould is a Category 1 hazard. Under the Homes (Fitness for Human Habitation) Act 2018, your home must also be fit to live in at all times during your tenancy.
Do I need to prove the cause?
No. You only need to report the presence of damp or mould. It is your landlord's responsibility to investigate the cause and fix it. Do not let a landlord dismiss your complaint by blaming 'tenant lifestyle' without carrying out a proper inspection. Under the Complaint Handling Code, they must investigate all complaints properly.
What to do step by step
Keep a written record at every stage. Dates and written communications are your most important evidence.
Report in writing with photos
Email your landlord a description of the damp or mould, including which rooms are affected. Attach photos showing the extent. Note the date. This starts the 10-working-day investigation clock.
Follow up after 5 working days
If you have heard nothing after 5 working days, send a follow-up email asking for written confirmation that an investigation is planned and when it will happen.
Make a formal complaint if the deadline is missed
If 10 working days have passed and no investigation has taken place, make a formal Stage 1 complaint citing Awaab's Law. Use TenantSafe to generate a correctly-referenced letter.
Keep records of health impact
If the damp or mould is affecting your health, keep a diary of symptoms, GP visits, and any medication. This strengthens any compensation claim at the Housing Ombudsman.
Escalate to the Housing Ombudsman if needed
After the Stage 1 and Stage 2 complaint process, you can refer to the Housing Ombudsman. The service is free and can order repairs and compensation.
Get a formal complaint letter in minutes
TenantSafe produces a correctly-referenced complaint letter based on your specific situation, with the right legal references, the right deadlines and the right tone. It is free and takes less than 10 minutes.
Generate my free complaint letterCommon questions
Can my landlord blame me for the damp and mould?+
A landlord can note if condensation is made worse by tenant behaviour, for example not ventilating rooms adequately. However, they cannot refuse to investigate or repair on the basis of this without carrying out a proper inspection. Many damp and mould problems are structural, not behavioural. If your landlord tries to close your complaint by blaming lifestyle, challenge this and escalate to Stage 2.
What if I have a baby or young child in the property?+
Damp and mould is particularly dangerous for young children. You should make this clear in your initial report, because it increases the urgency. If a room where your child sleeps is severely affected, this may trigger the 24-hour emergency response requirement rather than the 10-day investigation timeline.
My landlord says they will do a 'survey'. Does this count as an investigation?+
Only if the survey is carried out by a qualified person, covers the full extent of the damp or mould, identifies the cause, and results in a written repair plan with a completion date. A visual inspection without a written report and plan does not fully meet the Awaab's Law requirement. Ask for the written repair plan in writing.
Can I withhold rent over damp and mould?+
No. Do not withhold rent. Withholding rent puts you at risk of eviction proceedings and can make your situation worse. Instead, use the formal complaint process and the Housing Ombudsman. These routes are safer and more effective.