Last Updated: 9 October 2026 I Reading Time: 6 minutes
Summary
As autumn arrives, the mornings turn colder, the rain sets in and many of us start closing windows and switching the heating back on. These are exactly the conditions in which damp and mould in your home tend to appear or get worse.
For some people it is a small patch in a corner. For others it is a recurring problem that damages belongings, affects health and does not go away, however often it is wiped off.
This guide explains how to spot the signs, what to do if you find damp or mould in your rented property, what your landlord is responsible for, and when a housing disrepair claim may be an option.
Quick answer
If you find damp and mould in a rented property, report it to your landlord in writing straight away, keep photos and records, and keep a copy of every message. Your landlord is generally responsible for repairs to the structure, exterior, and certain installations. If they do not act within a reasonable time, you may be able to bring a housing disrepair claim to have the repairs carried out and to seek compensation.
In this article
- Why autumn brings damp and mould
- How to spot the signs
- What causes damp and mould, and who is responsible
- What to do if you find damp or mould: a step-by-step guide
- What the law says: current rules and what is changing
- Damp, mould and your health
- When a housing disrepair claim may be possible
- How GLP Solicitors can help
- Frequently asked questions
Key takeaways
- Autumn is a common time for damp and mould to appear, as temperatures drop, rain increases and homes are less ventilated.
- Report problems to your landlord in writing and keep copies. A landlord is generally only responsible for repairs once they know about them.
- Landlords have legal duties to keep rented homes in repair, including under section 11 of the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018.
- Awaab’s Law already applies to social landlords in England (since 27 October 2025). It has not yet been extended to private landlords, although the Renters’ Rights Act 2025 provides for this.
- Photographs, dates and a written diary are some of the most useful forms of evidence.
- Damp and mould can affect health, particularly for children, older people and anyone with asthma, allergies or other respiratory conditions.
- A housing disrepair claim can lead to repairs being done and to compensation, but it is best to act early.
Why Autumn brings damp and mould
When the weather turns, homes tend to become damper for a few simple reasons.
- Colder outside walls mean warm, moist air indoors condenses more easily, particularly on windows, in corners and behind furniture.
- Windows stay shut, so everyday moisture from cooking, showering and drying clothes has nowhere to go.
- Heavy rain can find its way in through damaged roofs, gutters, pointing, window frames and cracked render.
- Heating may be used less because of cost, which allows rooms to stay cold and damp.
Because these conditions build up over weeks, many people only notice a problem once mould has already taken hold.
How to spot damp and mould
Look out for the following, especially in bathrooms, bedrooms, kitchens and on external walls:
- Black, green or grey spots on walls, ceilings, window frames or around sealant
- A musty or earthy smell that does not go away
- Peeling paint or wallpaper, or bubbling plaster
- Water stains or damp patches that grow after rain
- Heavy condensation on windows that is still there during the day
- Mould on clothes, shoes or furniture, particularly in wardrobes and behind beds
What causes damp and mould, and who is responsible?
There are several types of damp, and the cause matters when working out who needs to fix it.
Penetrating damp
This is caused by water getting in from outside, for example through a leaking roof, blocked gutters, damaged brickwork or faulty windows. These are usually repairs for the landlord, because they relate to the structure and exterior of the property.
Rising damp
This is caused by moisture travelling up through walls from the ground, usually because a damp-proof course is missing or has failed. This is also normally a landlord’s responsibility.
Condensation
Condensation forms when moist air meets a cold surface. It can be made worse by how a home is used, but it is often caused or worsened by poor insulation, inadequate ventilation, broken extractor fans or inadequate heating. Landlords sometimes say condensation is a “lifestyle” problem. That is not always the case, and each property should be looked at on its own facts.
What to do if you find damp or mould: A step-by-step guide
If you find damp and mould in a rented property, the following steps can help protect your position.
- Take photographs and videos of the affected areas, including wide shots and close-ups. Add dates where you can.
- Report it to your landlord or letting agent in writing, by email or letter, describing what you have found and asking for it to be inspected and repaired. Keep a copy.
- Keep a diary of when the problem began, when you reported it, any replies, visits and how it has affected you.
- Do what you reasonably can to limit the problem, such as opening windows when you can, using extractor fans, wiping condensation and keeping furniture slightly away from external walls. Keep a note of what you have done.
- Keep records of the impact, including damaged belongings, receipts for replacements or cleaning, and any extra heating costs.
- Keep a record of health effects and speak to your GP if anyone in the household is affected.
- Follow up in writing if you do not get a response, and set a reasonable deadline.
- Escalate if needed. You can contact your local council’s environmental health team, and social housing tenants can use the landlord’s complaints process and then the Housing Ombudsman.
- Seek legal advice if the problem continues, so you understand your options before things get worse.
What the law says: Current rules and what is changing
What applies now
Landlords have legal duties that apply to rented homes in England:
- Landlord and Tenant Act 1985, section 11: the landlord must keep the structure and exterior of the property, and installations for water, gas, electricity, heating and sanitation, in repair.
- Homes (Fitness for Human Habitation) Act 2018: the landlord must make sure the home is fit for human habitation when a tenancy begins and throughout it.
- Housing Health and Safety Rating System (Housing Act 2004): damp and mould growth is a recognised hazard that councils can act on.
A landlord is generally expected to carry out repairs within a reasonable time after being told about the problem.
Awaab’s Law: social housing
Awaab’s Law was introduced after the death of two-year-old Awaab Ishak in 2020, who lived in a social home affected by mould. Phase 1 came into force on 27 October 2025 and requires social landlords in England to deal with damp and mould, and emergency hazards, within set timescales. Emergency hazards must be dealt with within 24 hours.
The Government has confirmed that Phase 2 is due to come into force on 30 November 2026, extending the rules to more hazards in social housing.
What is proposed for private renting
The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025 and provides for a Decent Homes Standard and Awaab’s Law to apply in the private rented sector. These extensions are not yet in force, and the dates and detailed timescales are still to be confirmed. Private tenants can still rely on the existing laws above.
It is also worth knowing that, since 1 May 2026, landlords in England can no longer use “no-fault” Section 21 notices, so they must have a valid legal reason to seek possession.
Damp, mould and your health
Living with damp and mould can affect more than your home. It can aggravate asthma, allergies and other breathing problems, and it can contribute to stress and poor sleep. Children, older people and those with existing health conditions can be more vulnerable.
If you or someone in your household has symptoms, speak to your GP or pharmacist, and tell them about the damp or mould. Keeping a record of any medical advice you are given can also be helpful if a claim later becomes necessary.
When a housing disrepair claim may be possible
You may have grounds for a housing disrepair claim if:
- there is a problem for which your landlord is responsible, such as damp, mould or leaks
- the landlord knew about it, for example because you reported it
- they have not fixed it, or have not fixed it properly, within a reasonable time
A claim can seek an order for the repairs to be carried out, and compensation for things like loss of enjoyment of your home, damaged belongings, extra costs and, in some cases, a health impact.
For example, a tenant reports black mould in a bedroom. The landlord sends a contractor to paint over it, but it returns within weeks. The tenant keeps reporting it, and nothing more is done. By winter, bedding and clothing are ruined and the tenant’s child has developed a persistent cough. At this point, taking legal advice about a disrepair claim would be sensible.
Time limits apply. Claims for breach of a repairing obligation generally have a six-year limit, and personal injury claims generally have three years. However, evidence is much easier to gather while the problem is current, so it is best not to delay.
How GLP Solicitors can help
At GLP Solicitors, our housing disrepair team helps tenants who are living with damp, mould and other repair problems that their landlord has not dealt with.
We will listen to what has happened, review the evidence you have and explain whether you may have a claim. If you do, we can guide you through the process, which usually starts by setting out the problems to the landlord and giving them a chance to put things right.
We will explain the options clearly, including any costs, and tell you honestly if a claim is unlikely to succeed.
This article is general information, not legal advice. Your rights depend on your circumstances, including the type of tenancy you have.
Frequently Asked Questions
It depends on the cause. A landlord is generally responsible for damp caused by structural problems, such as leaking roofs, damaged gutters, faulty windows or a failed damp-proof course, as well as broken heating or ventilation. Tenants are expected to use the property reasonably, for example by opening windows and using extractor fans. If the problem is caused by the building rather than the tenant, the landlord should deal with it once they know about it.
Report it in writing, by email or letter, so you have a record. Describe the problem, say where it is, include dated photographs and ask for it to be inspected and repaired. Keep a copy of everything you send and any reply you receive. If you speak to the landlord by phone, follow up with a message summarising what was said. Written records can be very important if the problem continues.
It is usually risky to stop paying rent, because a landlord may then try to claim that you are in arrears and seek possession. There are other routes, such as reporting the problem to the council or bringing a disrepair claim, which can include compensation. If you are thinking about withholding rent, take legal advice first so you understand the risks.
Since 1 May 2026, landlords in England can no longer use no-fault Section 21 notices, and they must have a valid legal reason to seek possession. If you believe you are being targeted for raising repair issues, keep all correspondence and seek advice quickly. Your rights depend on your type of tenancy, so it is sensible to check your position before responding to any notice.
There is no fixed amount. Compensation depends on factors such as how serious the problem is, how long it lasted, which rooms were affected and how it has affected you. It can include damages for loss of enjoyment of your home, the cost of damaged belongings and any extra expenses, as well as for any health effects. A solicitor can assess your situation and explain what may be realistic.
Claims for breach of a landlord’s repairing obligation generally have a time limit of six years, and personal injury claims usually have three years from the date of the injury or when you became aware of it. However, evidence, such as the condition of the property, is much stronger if you act sooner. If you are concerned about time limits, seek advice as soon as possible.
Not yet. Awaab’s Law currently applies to social landlords in England, such as councils and housing associations. The Renters’ Rights Act 2025 provides for it to be extended to the private rented sector, but that extension is not yet in force and the timescales have not been confirmed. Private tenants can still rely on a landlord’s existing legal duties to keep the property in repair and fit to live in.