My rental property has serious damp and mould. Must the landlord fix it?

What the Law Says

The law places clear repair responsibilities on landlords for residential tenancies in England and Wales. These duties apply automatically — even if the tenancy agreement says otherwise.

Under section 11 of the Landlord and Tenant Act 1985, landlords must keep in repair the structure and exterior of the dwelling, including drains, gutters, and external pipes. Crucially, they must also maintain installations for the supply of water, gas, electricity, and sanitation — all of which can contribute to or worsen damp and mould.

Damp and mould are rarely isolated issues: they often stem from structural defects (e.g., leaking roofs, cracked walls, blocked gutters) or faulty heating/ventilation systems — all covered by s.11. If the problem makes the property unfit for human habitation or poses a health risk, it triggers the landlord’s duty to act promptly.

This obligation applies to most residential tenancies — including assured shorthold tenancies — and cannot be waived by contract. It arises from the moment the tenancy begins.

Statutory Text

In a written or oral tenancy agreement for a dwelling-house let for a term of less than seven years there shall be implied a covenant by the lessor that the dwelling-house is fit for human habitation at the start of the tenancy and that the lessor will keep the structure and exterior of the dwelling-house, including drains, gutters and external pipes, in repair, and keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences).

— Landlord and Tenant Act 1985, s. 11 — Repair obligations

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