Your landlord is refusing to fix damp - what are your options?
Direct answer
Damp may engage the landlord's repair or fitness duties when it results from disrepair, building defects, fixed heating or ventilation problems, or an unfit condition. Responsibility, knowledge where required, access, reasonable response time, causation, and loss remain evidence-dependent. Put the complaint in writing, ask for inspection, keep evidence, and consider council or advice routes if the condition remains serious.
What the law says
Section 11 of the Landlord and Tenant Act 1985 makes the landlord responsible for repairing the structure and exterior and the installations for heating, water, and sanitation. Damp caused by leaking roofs, failed gutters, defective brickwork, broken windows, failed damp-proofing, plumbing leaks, or heating failures falls within that duty. Section 9A of the Landlord and Tenant Act 1985 requires the dwelling to be fit for human habitation throughout the tenancy.
Part 1 of the Housing Act 2004 gives the council enforcement powers through the Housing Health and Safety Rating System. Damp and mould are assessed as health hazards. Section 82 of the Environmental Protection Act 1990 can also be used where damp amounts to a statutory nuisance. These routes are separate from any rent arrears or possession dispute.
Step-by-step: what to do
1. Send a written repair request that identifies the damp, the rooms affected, and the suspected cause. Ask the landlord to inspect.
2. Attach photographs and explain the impact: smell, damaged clothes, damaged furniture, asthma symptoms, children affected, or rooms you cannot use.
3. Give reasonable access for inspection and repair, but ask for appointment times in writing.
4. If the landlord refuses or blames you without evidence, complain to Environmental Health and ask for a Housing Act 2004 hazard inspection.
5. If the problem continues, get advice about a disrepair or fitness claim. The court can order works and award compensation.
Common mistakes to avoid
Do not let the landlord reduce the issue to ventilation advice if the damp has a structural or repair cause. Do not repaint, throw away mouldy items, or clean everything before recording evidence. Do not ignore damp behind furniture or in bedrooms, because health risk matters. Do not withhold rent without advice; a better route is council enforcement, a damages claim, or a properly advised set-off.
- Do not accept blame without an inspection.
- Do not rely on verbal complaints.
- Do not miss council appointments.
- Do not delay if children, older people, or anyone with breathing problems is affected.
Related guidance
- Damp and mould checker
Check whether damp creates repair, fitness, or council enforcement rights. - Damp and mould rights
Legal duties, health evidence, and compensation options. - Council Environmental Health complaints
How to ask the council to inspect and enforce damp repairs. - HHSRS hazards in rented property
How councils assess hazards such as damp, mould, and excess cold.
Sources used for this guide
These are primary legislation and public guidance sources that support the legal-information framework used on this page.
- Landlord and Tenant Act 1985
Primary statute for core landlord repair duties, including structure, exterior, installations, heating, water, gas, and sanitation. - Homes (Fitness for Human Habitation) Act 2018
Primary statute adding a fitness-for-human-habitation duty for rented homes in England. - Housing Act 2004
Primary statute for tenancy deposit protection, HMO licensing, and local authority housing hazard enforcement. - GOV.UK: repairs in private renting
Government guidance on landlord repair responsibilities and what tenants can do when repairs are not carried out. - Shelter England: repairs
Independent housing charity guidance on repair duties, evidence, and escalation when a landlord does not act.
Common questions
- Your landlord is refusing to fix damp - what are your options?
- Damp may engage the landlord's repair or fitness duties when it results from disrepair, building defects, fixed heating or ventilation problems, or an unfit condition. Responsibility, knowledge where required, access, reasonable response time, causation, and loss remain evidence-dependent. Put the complaint in writing, ask for inspection, keep evidence, and consider council or advice routes if the condition remains serious.
- Can the landlord refuse to fix damp if they say I caused it?
- An allegation about tenant behaviour does not decide cause. Record the pattern and ask for inspection; disrepair, building condition, fixed heating or ventilation, occupancy, access, and independent evidence may affect responsibility.
- Can the council inspect damp?
- Yes. Environmental Health can inspect under Part 1 of the Housing Act 2004 and can serve enforcement notices if damp or mould creates a hazard.
- Can I take the landlord to court for damp?
- A county court claim may seek works or damages if the section 11 or section 9A legal test and the required evidence are established. Obtain advice on the cause of action, protocol, evidence, funding, track, costs, and remedy before issue.
- Does Awaab's Law help with damp?
- Its fixed timescales currently apply within the commenced social-housing regime. They are not universal private-renting deadlines, and no private-rented-sector commencement date has been announced. Existing section 11, fitness, HHSRS, and other routes remain separate.
Is this legal advice?
This is legal information for renters in England, not legal advice. If you need advice on your specific facts, contact Shelter (0808 800 4444), Citizens Advice, your council, or a housing solicitor.