Mould in Rented Property: Landlord vs Tenant Responsibility in 2026

Mould in rented properties is one of the most contested issues in residential lettings. Landlords frequently argue it’s caused by tenant lifestyle. Tenants argue it’s a structural problem the landlord should fix. In practice, both can be right — and getting to the truth requires proper investigation, not assumptions.

This guide explains the legal position, what Awaab’s Law means for landlords in 2026, and why an independent survey is often the most important step either party can take.

The Legal Framework

Landlords in England have a legal obligation to keep rental properties free from serious health hazards under Section 11 of the Landlord and Tenant Act 1985, which requires them to keep the structure and exterior of the property in repair, and to maintain installations for heating, hot water, and ventilation.

The Housing Health and Safety Rating System (HHSRS) — the framework used by local authorities to assess housing conditions — classifies damp and mould as a Category 1 hazard when it poses a significant risk to health. A Category 1 hazard gives the local authority powers to require remediation.

What Is Awaab’s Law?

Awaab’s Law — named after two-year-old Awaab Ishak, who died in 2020 from a respiratory condition caused by mould in a social housing property — came into force for social housing providers in 2024 and is being extended progressively.

For social landlords (housing associations and councils), Awaab’s Law requires:

• Investigation of reported damp and mould within 14 days of a complaint
• A written report of findings
• Commencement of repairs within 7 days if a health hazard is identified
• Emergency repairs within 24 hours where there is immediate risk

For private landlords, while Awaab’s Law in its formal sense applies to social housing, the underlying legal obligations under Section 11 and HHSRS are well established and increasingly enforced. The Renters (Reform) Act is also strengthening tenant protections in the private rented sector.

Who Is Actually Responsible for Mould?

The honest answer is: it depends on the cause. And the cause requires investigation, not assumption.

Structural causes — landlord’s responsibility:

• Defective pointing or render allowing penetrating damp
• Failed or absent DPC allowing rising damp
• Defective roof, gutters, or rainwater goods
• Inadequate or broken ventilation — non-functioning extractor fans, blocked airbricks
• Insufficient heating provision
• Cold bridging due to structural defects or lack of insulation

Lifestyle causes — where tenant contribution is relevant:

• Drying laundry on radiators without ventilation
• Not using extractor fans when cooking and bathing
• Keeping windows closed at all times in humid conditions
• Blocking airbricks or ventilation points

In practice, most cases involve both factors. The structural condition of the property creates conditions where condensation is difficult to avoid, and tenant lifestyle exacerbates it. The legal question is whether the structural conditions are adequate — because a tenant cannot be expected to live in a way that is unreasonable just to compensate for a building that doesn’t ventilate properly.

Why an Independent Survey Is Essential

Whether you are a landlord or a tenant, an independent specialist report serves important purposes:

For landlords: An independent survey establishes the actual cause of the mould. If lifestyle is a contributing factor, the report will say so. If the building has structural deficiencies, the report identifies them — giving the landlord a clear brief for remediation and demonstrating they have taken the complaint seriously. This is important protection against Ombudsman complaints, insurance claims, and legal action.

For tenants: An independent report provides the evidence needed to support a formal complaint to the landlord, an Ombudsman referral, or a local authority HHSRS inspection request. Without a specialist report, disputes often stall at assertion vs denial.

For housing associations: Under Awaab’s Law timescales, having a pre-arranged relationship with an independent surveyor who can attend quickly and produce a compliant report is becoming operationally important.

What the Report Should Cover

A professional independent report for a mould dispute should cover:

• Cause of the mould — structural or lifestyle factors or both
• HHSRS assessment of the risk level
• Reference to relevant obligations — Section 11, Approved Document F, Awaab’s Law timescales where applicable
• Specific remediation recommendations, costed where possible
• Reference to ANSI/IICRC S520 for mould remediation methodology

Richard Bull MISSE holds City & Guilds Level 3 in Professional Mould Remediation and IICRC AMRT certification — qualifications specifically relevant to mould investigation and remediation in residential properties.

Book an Independent Mould Survey

For landlords, tenants, housing associations, and managing agents across Derby, Nottingham, Leicester, and the Midlands — call 07983 550 662 or use the contact form.