Ireland

My rented accommodation has damp and mould. Who must fix it?

s. 12
Relevant section
2004
Act year
Fit for habitat
Legal standard
Landlord duty
Who is responsible
The Short Answer

Your landlord must fix damp and mould in your rented accommodation, as it is their legal duty to keep the property in a proper state of repair and fit for human habitation.

What the Law Says

The law in Ireland places clear responsibilities on landlords regarding the condition of rented homes. Under the Residential Tenancies Act 2004, landlords must ensure properties meet basic standards of safety, hygiene, and habitability — including addressing damp and mould.

Damp and mould are serious issues that can affect health and indicate underlying problems like poor ventilation, leaking roofs, or defective plumbing. The law treats these as part of the landlord’s obligation to maintain the dwelling.

Section 12 of the Residential Tenancies Act 2004 sets out the landlord’s duties. It requires the landlord to 'keep the dwelling in a proper state of repair and fit for human habitation' — meaning it must be safe, dry, and healthy to live in.

This duty applies throughout the tenancy. If damp and mould develop due to structural defects or lack of maintenance (e.g., broken gutters, cracked walls, or inadequate heating), the landlord must carry out repairs promptly.

Statutory Text

keep the dwelling in a proper state of repair and fit for human habitation

Residential Tenancies Act 2004, s. 12 — Landlord's obligations

What to Do

1

Write to your landlord clearly describing the damp and mould, including photos and dates.

2

Give them a reasonable time (e.g., 14 days) to inspect and begin repairs.

3

If they fail to act, contact the Residential Tenancies Board (RTB) to make a complaint or apply for mediation.

4

Keep copies of all correspondence and records of the problem (photos, videos, notes on health effects).

5

Do not withhold rent without legal advice — this could risk eviction.

Sources

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.