Damp and mould: is it really your fault?

Published 10 October 2026 · Damp and mould · 3 min read

Landlords love the word "condensation". Here is what actually causes damp and mould in rented homes and why it is almost never down to how you live.

If you have ever reported black mould and been told to "open the windows more" or "stop drying washing indoors", you are not alone. Blaming the tenant's lifestyle has been the standard response from too many landlords for decades. The law has moved on, and so should they.

The three types of damp

Rising damp comes from the ground through a failed or bridged damp-proof course. Tide marks up to a metre high, salts on the plaster and rotting skirtings are the giveaway. Nothing about how you live causes it.

Penetrating damp comes through the building from outside: leaking gutters, cracked render, failed pointing, defective roofs and windows, or cavity wall insulation that has got wet. Again, nothing to do with you.

Condensation damp forms when warm, moist air hits a cold surface. Everyone produces moisture by breathing, cooking and washing; that is normal life. Whether it turns into mould depends on the building: are the walls insulated so they stay warm? Is there a working extractor fan in the kitchen and bathroom? Are the trickle vents and air bricks intact? Is the heating affordable enough to run? Those are the landlord's responsibilities.

What the law says

Under the Homes (Fitness for Human Habitation) Act 2018 a rented home must be free of serious hazards including damp and mould throughout the tenancy. It does not matter whether the mould is "condensation"; if the home cannot be kept free of it with normal use, it is unfit. Section 11 of the Landlord and Tenant Act 1985 separately requires the landlord to repair the structure, exterior and heating installations that are usually the root cause.

Since the death of Awaab Ishak, social landlords are also bound by Awaab's Law, which sets fixed deadlines to investigate damp and mould, give the tenant a written report and begin repairs.

Signs the problem is the building, not you

  • Mould in the corners of external walls, behind furniture against outside walls, or around window reveals (cold spots).
  • A bathroom or kitchen with no extractor fan, or one that does not work.
  • Walls that feel cold to the touch in winter.
  • Heating that costs so much you cannot run it enough to keep the home warm.
  • Mould that returns within weeks of being cleaned.

The health cost

Mould spores cause asthma attacks, chest infections, bronchitis, allergic reactions and skin conditions. Children, older people and anyone with a weakened immune system are most at risk. This is why damp and mould claims attract some of the highest compensation: typically 25% to 50% of rent for the period affected, plus damaged belongings and personal injury.

What to do next

  • Report the mould in writing with photos, and mention anyone vulnerable in the household.
  • Ask the landlord to inspect and identify the cause, not just to wipe the mould off.
  • Keep a record of any illness and GP visits.
  • If nothing changes, start a free claim check. Our surveyor will identify the real cause, and landlords find it very hard to argue with a professional report.
Written by the Housing Disrepair team
Specialists in no win, no fee housing disrepair claims for tenants across the UK. This article is general information, not legal advice about your situation.

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