Can you sue your landlord for damp and mould?

16/09/26

Last Updated: 16 September 2027 I Reading Time: 6 minutes

Summary

Damp and mould are among the most common problems reported by tenants in England and Wales, and also among the most frequently ignored. If your landlord knows about the problem and hasn't fixed it within a reasonable time, you may have grounds to make a housing disrepair claim.

This isn't just about discomfort. Damp and mould can damage your belongings, harm your health, and make parts of your home unusable. The law recognises this, and there are established routes to compensation and repairs.

This article explains when you can take action, what counts as evidence, and how a housing disrepair solicitor can help you through the process.

Quick answer

Yes, you can potentially sue your landlord for damp and mould if they were told about the problem and failed to repair it within a reasonable time. You may be entitled to compensation if the damp or mould damaged your belongings, affected your health, or reduced your enjoyment of your home. Social housing tenants have extra protection under Awaab's Law, which sets strict repair timescales. Evidence such as photos, correspondence, and medical records will support any claim.

In this article

 

• Can you take legal action against a landlord for damp and mould?
• What are landlords legally responsible for?
• Awaab's Law: extra protection for social housing tenants
• When can you claim compensation?
• What evidence do you need?
• How much compensation could you get?
• How a solicitor can help
• Frequently Asked Questions

Key takeaways

 

• You can make a housing disrepair claim for damp and mould in certain circumstances.
• Landlords are legally responsible for fixing many of the underlying causes of damp and mould, such as leaks, defective roofing, or broken guttering.
• You'll usually need to show your landlord knew about the problem and had a reasonable chance to fix it.
• Social housing tenants have additional protection under Awaab's Law, which sets fixed timescales for investigating and repairing damp and mould.
• You may be able to claim compensation for damaged belongings, health problems, and loss of enjoyment of your home.
• Photos, written correspondence, and medical records all help support a claim.
• Time limits apply, so it's worth seeking advice as soon as possible.

Can you take legal action against a landlord for damp and mould?

Living with damp and mould can be stressful, and often affects your health as well as your home. Many tenants report the problem to their landlord more than once but see little or no action taken.

In England and Wales, landlords have a legal duty to keep rented properties in a reasonable state of repair. Where damp and mould are caused by issues the landlord is responsible for, such as leaking pipes, defective roofing, broken guttering, or inadequate ventilation, they're expected to arrange repairs.

If you've told your landlord about the problem and they've failed to deal with it, you may have grounds to make a housing disrepair claim.

What are landlords legally responsible for?

Under the Landlord and Tenant Act 1985, landlords must keep the structure and exterior of a property in repair, along with installations for heating, water, and sanitation. The Homes (Fitness for Human Habitation) Act 2018 goes further, requiring rented homes to be fit for people to live in throughout the tenancy, not just at the start.

This means a landlord can be held responsible where damp and mould result from:

 

• Leaking pipes or roofs
• Damaged guttering or rendering
• Rising damp linked to structural defects
• Broken or inadequate extractor fans and ventilation
• Poorly fitted windows or doors letting in moisture

Damp caused purely by everyday condensation, with no underlying structural or maintenance issue, is more difficult to pin on a landlord. This is why establishing the cause of the problem matters.

Awaab's Law: Extra protection for social housing tenants

If you rent from a council or housing association, you have additional protection under Awaab's Law, which came into force on 27 October 2025. Named after two-year-old Awaab Ishak, who died following prolonged exposure to mould in his family's social housing home, the law sets strict, legally enforceable timescales for social landlords to investigate and fix damp and mould.

Under the first phase of Awaab's Law, social landlords must:

 

• Investigate emergency hazards and significant damp and mould hazards within fixed timescales
• Carry out emergency repairs within 24 hours
• Keep tenants informed in writing about what they've found and what happens next

Awaab's Law currently applies to social housing tenancies. Further hazards, such as excess cold, structural issues, and fire and electrical risks, are due to be added from 2026, with full implementation expected by 2027. Private tenants aren't covered by Awaab's Law itself, but they still have protection under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018.

When can you claim compensation?

You may be able to claim compensation if:

 

• Your landlord was aware of the damp or mould.
• They failed to carry out repairs within a reasonable time.
• The problem caused damage to your belongings.
• The damp or mould affected your health.
• You experienced distress or were unable to fully use parts of your home.

Every case is assessed on its own facts, but compensation is generally linked to how long the problem went on for and how much it affected your day-to-day life.

Example: if a tenant reports black mould in a bedroom, the landlord takes six months to inspect it, and the tenant's child develops a persistent cough linked to the mould, this could support a claim covering both property damage and the impact on health.

What evidence do you need?

If you're considering a claim, try to keep hold of:

• Photos and videos of the damp and mould, ideally dated.
• Emails, letters, or text messages sent to your landlord or letting agent.
• Medical records if your health has been affected.
• Receipts for damaged belongings, such as furniture or clothing.
• Notes of when you reported the issue and any responses you received.

The more evidence you have showing when the problem started and how your landlord responded, the easier it is to demonstrate they failed to act.

How much compensation could you get?

There's no fixed figure for damp and mould claims. Compensation typically reflects:

• How long the disrepair went on for
• The severity of the damp or mould
• Whether it affected your health
• The value of any damaged belongings
• How much of your home was unusable, and for how long

A solicitor can give you a realistic idea of what your claim might be worth once they've reviewed your evidence.

How GLP Solicitors can help

At GLP Solicitors, our housing disrepair team helps tenants in private rented, council, and housing association properties who are dealing with damp, mould, and other repair issues their landlord has failed to address.

We can help you by:

• Assessing whether you have grounds for a claim
• Advising on the evidence you need to gather
• Corresponding with your landlord or their insurers on your behalf
• Pursuing compensation for damage to belongings and impact on your health
• Explaining your options where a claim is handled on a no-win, no-fee basis

We deal with these cases regularly and understand how disruptive ongoing disrepair can be, so we aim to keep the process as straightforward as possible.

Frequently Asked Questions

Can I sue my landlord for mould in my house?

Yes, if the mould is caused by a repair issue your landlord is responsible for, and they've failed to fix it after being told about it. You'll usually need evidence that they knew about the problem and had a reasonable opportunity to deal with it.

Can I claim compensation for damp and mould?

You may be able to claim if the problem has damaged your belongings, affected your health, or reduced your enjoyment of the property. Compensation depends on how serious the problem was and how long it lasted.

What if my landlord says the mould is my fault?

Some landlords argue that mould is down to condensation or how a tenant uses the property. However, damp and mould are often linked to structural defects, leaks, or poor ventilation the landlord is responsible for. An independent inspection can help establish the real cause.

How much compensation can I get for damp and mould?

There's no set amount. It varies depending on the severity of the problem, how long it lasted, and its impact on your health and living conditions. A solicitor can assess your specific circumstances.

How long do I have to make a damp and mould claim?

Time limits apply to housing disrepair claims, so it's best to seek advice as soon as possible rather than waiting until you're close to a deadline.

Does Awaab's Law apply to private tenants?

No, Awaab's Law currently applies only to social housing tenants, such as those renting from a council or housing association. Private tenants are still protected under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018.

What should I do first if I have damp or mould in my rented home?

Report the problem to your landlord or letting agent in writing, keep a copy, and take dated photos. This creates a record showing when they were first made aware of the issue.

Will making a claim affect my tenancy?

Landlords aren't permitted to evict tenants simply for reporting disrepair or making a claim. If you're concerned about this, a solicitor can advise on your specific situation.

Start your claim today