Condensation, Damp and Mould

Government guidance

The UK government published comprehensive guidance about damp and mould health risks in September 2023, primarily aimed at social and private rented housing providers in England and, where applicable, their workforce.

The guidance stipulates that landlords must ensure that their accommodation is free from serious hazards, including damp and mould, and that homes are fit for habitation. They must treat cases of damp and mould with the utmost seriousness and act promptly to protect their tenants' health.

The guidance also clarifies that tenants should not be blamed for dampness and mould. Damp and mould in the home are not the result of 'lifestyle choices', and landlords are responsible for identifying and addressing the underlying causes, such as structural issues or inadequate ventilation.

Key messages

Health risks

Damp and mould primarily affect the airways and lungs, but can also affect the eyes and skin. The respiratory effects of damp and mould can cause serious illness and, in the most severe cases, death. Awaab Ishak's tragic death resulted from a severe respiratory condition due to prolonged exposure to mould in a home with inadequate ventilation.

The presence of damp and mould can also affect tenants' mental health. This could be due to worries about the health impacts of damp and mould, unpleasant living conditions, and destruction of property and belongings, among other concerns.

Everyone is vulnerable to the health impacts of damp and mould, but people with certain health conditions, children and older adults are at greater risk of more severe health impacts.

Responding to reports of damp and mould

When responding to reports of damp and mould, landlords should:

  • Respond sensitively and urgently assess the issue to identify the severity of the damp and mould and potential risks to tenants.
  • Always address the underlying issue promptly and act urgently when concerns are raised about tenant health. Landlords should not delay action to await medical evidence or opinion - medical evidence is not a requirement for action.
  • Ensure tenants are informed about the steps to be taken to remove mould and address any underlying issues, as well as the timeframes for the work.
  • Before removing the mould, photograph and document its location to help identify the source.
  • Remove the mould to address the health risk to tenants, using a qualified professional when appropriate.
  • Identify and tackle the underlying causes of damp and mould, including building deficiencies, inadequate ventilation and condensation. Simply removing surface mould will not prevent the damp and mould from reappearing.
  • Inspect the home at least six weeks after remedial work has been carried out to ensure that the issue has been fixed and damp and mould have not reappeared. If damp and mould have reappeared, further investigation and intervention should be pursued.

Taking a proactive approach to reduce the risk of damp and mould

Landlords should adopt a proactive approach to identifying and tackling damp and mould, regardless of whether they own one or multiple homes. This should include:

  • Having clear processes to document, manage and act on reports of damp and mould and identify common issues and trends in their housing stock.
  • Understanding the condition of their homes and using this to adopt a preventative approach to damp and mould, making the necessary interventions in ventilation, energy efficiency, and building deficiencies before damp and mould occur.
  • Understanding that some homes are more difficult to heat due to their energy efficiency or cost of living pressures, and that this can make damp and mould more likely to occur. Landlords should consider what support they can provide or signpost tenants to.
  • Supporting tenants to understand what they can do to reduce damp and mould, where applicable and appropriate. This must never be a substitute for addressing the underlying causes of damp and mould.
  • Building relationships with health and social care professionals and other frontline professionals who support tenants to ensure that every opportunity to identify tenants living in homes with damp and mould is utilised, 'making every contact count'.
  • Ensuring staff and any external contractors are aware of the significant health risks associated with damp and mould, the need to address the underlying causes of the issue and not just remove visible mould, awareness of any processes related to reporting and handling damp and mould, and understanding the importance of being sensitive to tenants' circumstances and vulnerabilities.
  • Building relationships with tenants and ensuring they feel encouraged to report damp and mould.

Identifying and addressing damp and mould in your property

As a landlord, you must take responsibility to identify and address any instances of damp and mould in your property. These conditions can seriously affect your tenants' health and damage your property.

Identifying damp and mould

Damp and mould can be present in various forms and anywhere on your property. Here are some signs that you should look out for:

  • A musty or damp smell.
  • Dark or discoloured patches on walls, floors or ceilings.
  • Walls, floors or ceilings that are wet or damp to the touch.
  • Peeling or cracking of paintwork or wallpaper.
  • Condensation on windows.
  • Growth of mould, which might look like clusters of black spots.

Remember, the absence of visible mould does not necessarily mean your property is free of damp problems. Dampness alone can increase the risk of health problems. Excessive moisture can promote the growth of microorganisms such as mould, certain species of house dust mites, bacteria or viruses. The more severe the damp problem, the worse the health impacts and risks are likely.

Addressing damp and mould

Once damp or mould has been identified in your property, it is crucial to act urgently to address the issue. Here's what you need to do:

  • Get in touch with a professional to investigate the cause of the damp or mould. This could be due to a leaking pipe, rising damp or a roofing problem. Identifying and addressing the root cause is essential to prevent the problem from recurring.
  • Once the cause of the damp or mould has been identified, undertake the necessary repairs or improvements as soon as possible.
  • If the damp or mould is severe, it may be necessary to rehouse your tenants temporarily while the problem is being addressed.
  • Clean the mould from your property. It's essential to do this safely. The NHS provides guidance on cleaning mould in your home.
  • Consider advising your tenants on preventing damp and mould, such as ventilating the property, adequately heating it, and promptly addressing any condensation.

Legal obligations

As a landlord, you have legal obligations to ensure your property is free from damp and mould. Under the Housing Health and Safety Rating System (HHSRS), local authorities can assess properties for hazards, including damp and mould, and take action if they find serious hazards.

Reducing the risk of damp and mould developing

As a landlord, you should also take preventative measures to reduce the likelihood of damp and mould developing in your properties. Here's what you can do:

  • Regularly maintain your property, including the roof, windows, pipes, and other areas where water could enter.
  • Provide adequate heating and insulation in your properties to help reduce damp and condensation.
  • Provide ventilation in kitchens, bathrooms and other areas where moisture is produced.
  • Educate your tenants about the importance of ventilating the property, adequately heating it, and promptly addressing any condensation.
  • Encourage your tenants to report any issues with damp or mould promptly to address them quickly.

Compliance with Legal Standards on Damp and Mould in Rented Properties

Landlords and letting agents operating in England need to comply with legal standards designed to protect tenants’ health and safety. Non-compliance not only puts tenants at risk but can also lead to prosecution of landlords.

Core Legal Requirements for Housing Providers

There are five key legal standards related to damp and mould in rented properties:

1. Elimination of category 1 hazards

Under the Housing Act 2004, homes should be free from category 1 hazards, assessed under the Housing Health and Safety Rating System (HHSRS). Damp and mould can amount to a serious hazard where the risk to occupiers justifies that assessment.

Local councils must take appropriate enforcement action for category 1 hazards and may act where category 2 hazards are identified.

2. Absence of Health-Prejudicial Conditions

The Environmental Protection Act 1990 empowers tenants and local councils to take legal action against 'statutory nuisance' that makes the home prejudicial to health, including damp and mould.

3. Habitation Fitness of Homes

The Homes (Fitness for Human Habitation) Act 2018, which amends the Landlord and Tenant Act 1985, requires properties to be free from serious hazards, including damp and mould, that render them unsuitable for occupation.

A landlord's failure to keep the property in repair, or the property being unfit for human habitation, can prompt tenants to take action under Sections 9A and 11 of the Landlord and Tenant Act 1985.

4. Compliance with Decent Homes Standard (DHS)

For social housing, adherence to the DHS, which includes freedom from 'category 1' hazards, a reasonable state of repair, and a reasonable degree of thermal comfort, is mandatory.

5. Maintenance of Minimum Energy Efficiency Standards

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 mandate that privately rented properties meet the Minimum Level of Energy Efficiency standard, with an Energy Performance Certificate (EPC) band of E (unless exempt).

Complying with the Mandatory Standards

Landlords should ensure their properties are adequately equipped to minimise damp and mould. Regular property inspections, prompt remediation of deficiencies, and scheduled maintenance and management programmes are recommended.

Upon receiving tenant reports of mould and damp, Landlords should immediately trace the source of the damp and rectify any defects causing it. The remedial work should be undertaken promptly, especially when significant damp and mould are present, or tenant health is at risk.

Enforcement of Standards

Local councils enforce standards in the private rented sector and social housing owned by housing associations and other private registered providers.

The Regulator of Social Housing (RSH) enforces the Decent Homes Standard in the social rented sector, while the Housing Ombudsman can investigate unresolved tenant complaints against their landlords.

Tenants can also take legal action under the Landlord and Tenant Act 1985 or the Environmental Protection Act 1990 and seek legal aid if eligible.

See below for more information on the specific regulation, enforcement mechanisms, and relevant guidance.

Housing Act 2004

Overview
The Housing Act 2004 requires local councils to ensure properties are free from hazards at the 'category 1' level. These hazards are assessed using the Housing Health and Safety Rating System (HHSRS).

Enforcement
The enforcement of this act is the responsibility of Local councils.

Who is Bound by the Act?
This act applies to both private and social rented sectors.

Enforcement Mechanisms
Enforcement can be carried out through several means:

  • A legal improvement notice requiring particular works to be performed within a specific period
  • A legal order prohibiting the use of part or all of a property
  • The council conducting necessary works, and the costs being charged to the landlord

Penalties
Potential penalties under this act include prosecution and an unlimited fine set by the Magistrates' Court. The local council can also set a financial penalty of up to £30,000.

Related Guidance
Refer to the HHSRS guidance for further information.

Environmental Protection Act 1990

Overview
The Environmental Protection Act 1990 mandates that statutory nuisances harmful to health must be remedied.

Enforcement
Local councils conduct enforcement of this act.

Who is Bound by the Act?
This act applies to both private and social rented sectors.

Enforcement Mechanisms
The primary enforcement route is a legal notice requiring the remediation of the nuisance.

Penalties
Potential penalties under this act include prosecution and an unlimited fine set by the Magistrates' Court.

Related Guidance
Refer to the Statutory nuisance guidance: how councils deal with complaints for more detailed information.

Landlord and Tenant Act 1985 and Homes (Fitness for Human Habitation) Act 2018

Overview
These acts stipulate that homes must be fit for human habitation.

Enforcement
Enforcement of this act is carried out by tenants taking court action.

Who is Bound by the Act?
This act applies to both private and social rented sectors.

Enforcement Mechanisms
Tenants can take their landlords to court to enforce the provisions of these acts.

Penalties
The court can order that works are conducted to improve the property and that redress is paid to tenants.

Related Guidance
Refer to the Homes (Fitness for Human Habitation) Act 2018 guidance for further information.

Decent Homes Standard

Overview
The Decent Homes Standard insists that social housing must be decent.

Enforcement
This standard is enforced by the RSH (Regulator of Social Housing).

Who is Bound by the Act?
This standard currently only applies to the social rented sector.

Enforcement Mechanisms
The RSH requires all registered social housing providers to meet the Decent Homes Standard. If the RSH finds a provider has breached standards, it has a range of legal powers, including enforcement powers.

Penalties
The regulator has a range of enforcement powers should a breach of standards occur.

Related Guidance
Refer to the Decent Homes Standard guidance and the Guidance on the RSH's approach to intervention, enforcement and use of powers for more detailed information.

Minimum Energy Efficiency Standards

Overview
The Minimum Energy Efficiency Standards mandate that privately rented housing must meet a minimum energy efficiency standard of EPC E.

Enforcement
Local councils conduct enforcement of this standard.

Who is Bound by the Act?
This standard currently applies only to the private rented sector.

Enforcement Mechanisms
Local councils can serve landlords with a compliance notice. If a breach is confirmed, the landlord may receive a financial penalty.

Penalties
The local council can set a financial penalty of up to £5,000.

Related Guidance
For further information, please refer to the Minimum Energy Efficiency Standards guidance.

Identifying and addressing damp and mould in your property

This guidance provides an overview of what landlords should consider when addressing reports of damp and mould. This section provides some examples of best practices which will help reduce the health risks to the tenants and potential damage to the property, as well as supporting landlords to demonstrate to the relevant regulators that they are seeking to meet their legal duties.

Understanding damp and mould

Damp is the build-up of moisture in a property. It affects building materials (such as walls, floors, ceilings, and foundations) and home furnishings and belongings (such as carpets, curtains, wallpaper, furniture and clothing). In addition to causing damage, damp can also lead to the growth of mould and other microorganisms. Damp can occur in homes for a variety of reasons. Irrespective of the type of damp (condensation, penetrating, rising or traumatic), landlords are legally responsible for addressing damp and mould and should work with qualified professionals.

Condensation damp

Condensation damp occurs when moisture inside the home cools and condenses on colder parts of the building (for example, window frames, corners, and low points on walls behind sofas or wardrobes). This is the most common form of damp.

Penetrating damp

Penetrating damp is water that enters the building from outside due to defects in the walls, roofs, windows, or floors.

Rising damp

Rising damp is moisture from the ground that rises through parts of the buildings in contact with the ground (walls and floors); it is usually found in older properties and is often misdiagnosed. It can be identified through visual inspection; however, chemical testing is the most appropriate way of confirming it. Usually, it is due to defective damp-proof courses and membranes.

Traumatic damp

Traumatic damp can be caused by leaking water from waste and heating pipes, overflowing baths or sinks, burst pipes or defective water storage vessels inside the building. Traumatic damp can also originate from outside the property, for example, from another building or environmental flooding.

Mould

Mould is a fungus that grows in moist environments. Mould can cause adverse health effects and damage to buildings.

Responding with urgency and sensitivity, and taking tenants' needs into consideration

Suppose there is evidence of dampness in a building, such as visible mould, mould odour, water damage, and condensation. In that case, this is sufficient to indicate the need to remedy the issue to protect tenants' health and prevent its proliferation.

When a tenant or another professional notifies a landlord that there is damp and mould in a property, it is crucial that the landlord takes the concern seriously, assesses the issue with urgency to identify its severity, and ensures that they always identify and tackle the underlying causes promptly, and with speed when concerns have been raised about tenant health. Tenants should be informed about what is being done to resolve the issue and the likely timescales.

Working in partnership with tenants

Landlords should work in partnership with tenants to keep properties in good repair and to ensure they do not develop problems with damp and mould. Components of a good working relationship may include:

  • Providing clear information for tenants on how to report damp and mould. This should be easy to understand and use, and consider any barriers tenants may face in reporting issues.
  • Responding promptly and sensitively to reports of damp and mould. Landlords should not delay taking action while waiting for medical evidence or an opinion. Damp and mould should always be addressed quickly to protect the tenant's health.
  • Setting clear expectations about what will happen after a report of damp and mould. This might include details on when the tenant can expect to be contacted, whether a home inspection may be required, and how to complain if something goes wrong.
  • Keeping records of housing conditions, reports of damp and mould, and any action taken in response to these reports. This should include informal reports and any investigations or remediation actions.
  • Training staff and contractors to understand damp and mould health risks and the importance of acting quickly to protect tenants.
  • Collaborating with other professionals who can help to identify and address the causes of damp and mould.
  • Prioritising the least energy-efficient homes with tenants needing help heating them adequately for energy efficiency improvements. This can help to reduce the risk of damp and mould developing on the property.

A comprehensive strategy to address damp and mould should also include regular checks of properties for signs of damp and mould, as well as factors that might increase the risk of these issues developing. This could consist of checks of ventilation and heating systems, and checks in between tenancies.

Landlords must also be transparent about how data from damp and mould reports is collected, stored and shared within their organisation and with other professionals.

When making changes to improve energy efficiency, landlords should consider how these changes might affect the property as a whole. For example, improving a property's airtightness could lead to poor indoor air quality or increased humidity if adequate ventilation is not also installed.

Finally, landlords should work to build strong relationships with their tenants. This can build trust and make tenants feel comfortable reporting issues with damp and mould.

Building relationships with tenants

Having a good relationship with tenants can help prevent damp and mould issues from developing. This relationship could be built on:

  • Trust: Tenants should feel comfortable reporting issues with damp and mould without worrying about negative consequences.
  • Clear communication: Landlords should provide clear information on how to report damp and mould and how tenants can reduce their risk of these issues.
  • Understanding: Landlords should recognise that different tenants have different needs and learning styles. They should provide information in multiple formats and languages where possible.
  • Collaboration: Landlords and tenants should work together to improve the home's condition.

Energy Support for Households

This section offers resources related to financial assistance for tenants and supports to boost the energy efficiency of tenant properties, making them more heat-efficient. In instances where funding is linked to home improvements, such as insulation, new boiler installation, etc., tenants must obtain their landlord's approval to proceed with the work. The schemes mentioned here may also apply to owner-occupiers.

Support Schemes and Resources

Landlords who identify tenants in potential financial difficulty can access advice from specialist providers such as Shelter, Citizens Advice, and MoneyHelper.

Energy Efficiency Funding

Several schemes are available to assist housing providers in implementing modifications to increase their properties' energy efficiency. These include:

  • Boiler Upgrade Scheme: Grants for private landlords to install low-carbon heating systems such as heat pumps.
  • Energy Company Obligation (ECO): Assistance from energy suppliers for energy-saving home improvements in social housing.
  • Great British Insulation Scheme: A government scheme to help people insulate their homes, making them more energy efficient and reducing energy bills.
  • Green Deal: Assistance with implementing energy-saving home improvements and identifying the optimal payment method.
  • Social Housing Decarbonisation Fund: Aims to deliver warm, energy-efficient homes, reduce carbon emissions and fuel bills, combat fuel poverty, and support green jobs.
  • Home upgrade grant: Support is provided by local councils to deliver energy-efficiency measures and low-carbon heating for low-income households.
  • VAT relief for decarbonisation works: VAT on energy-saving materials will be reduced from 5% to 0% from April 2022 to April 2027.
  • Empty property grants (regional funding): Local councils may also offer some financial support for making energy improvements to empty properties to help bring them back into use.

More information

More detailed information can be found in the government guidance Damp and mould: Understanding and addressing the health risks for rented housing providers.

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