Damp and mould are not just unpleasant problems in rented properties – they can pose serious risks to health and wellbeing. Tenants across Blackpool and beyond are increasingly aware of their rights when it comes to living in safe, habitable accommodation. Unfortunately, landlords are not always quick to act. Understanding your legal rights as a tenant and knowing the steps to take can help you resolve the issue effectively and protect your health.
In this blog, we will explain what causes damp and mould, your landlord’s legal obligations, your rights as a tenant, and the remedies available to you under UK law.
What causes damp and mould in rented homes?
Damp refers to the presence of unwanted moisture in your property. It can be caused by structural problems, inadequate ventilation, leaking pipes, or external water penetration. Mould is a type of fungus that thrives in damp conditions, particularly on walls, ceilings, and windows.
There are three main types of damp commonly found in rented properties:
- Condensation damp – Caused by everyday activities like cooking, bathing, or drying clothes indoors without proper ventilation.
- Penetrating damp – Arises from water entering the property from outside due to faulty roofing, damaged walls, or broken guttering.
- Rising damp – Occurs when moisture from the ground travels up through the walls due to a failing or missing damp-proof course.
In many cases, these problems stem from poor maintenance or structural defects, which are typically the landlord’s responsibility.
Why is damp and mould a serious issue?
Damp and mould are more than just cosmetic concerns. They can cause or worsen health issues such as:
- Asthma and respiratory infections
- Allergies
- Skin irritations
- Weakened immune systems (especially in children, the elderly, and people with pre-existing conditions)
In addition to health risks, mould can damage your personal belongings, make the property feel cold and uncomfortable, and lower the overall standard of living.
Who is responsible for damp and mould – the tenant or the landlord?
Responsibility for addressing damp and mould in rented homes depends on the cause of the issue. However, under the Landlord and Tenant Act 1985, landlords must ensure that the structure and exterior of the property are kept in good repair.
Landlord’s responsibilities
Your landlord is legally responsible for dealing with:
- Structural defects that cause damp or mould
- Leaks in roofs, gutters, or plumbing
- Damaged windows or inadequate ventilation
- Failure to provide adequate heating systems
Additionally, under the Homes (Fitness for Human Habitation) Act 2018, all rented properties must be fit to live in. If mould or damp makes the home unfit, your landlord must take action.
Tenant’s responsibilities
As a tenant, you are responsible for:
- Ventilating the property (e.g., opening windows when cooking or bathing)
- Heating the property adequately
- Reporting issues promptly to your landlord
If the problem is due to lifestyle (e.g., consistently drying clothes indoors without ventilation), your landlord may argue it is your responsibility. However, if mould is widespread or caused by disrepair, the duty remains with the landlord.
How to report damp and mould to your landlord
When you notice signs of damp or mould, it is essential to act quickly. Follow these steps:
- Document the issue
Take clear photos of affected areas and make a written note of when the problem started. If possible, include evidence of how the damp or mould is affecting your health or belongings. - Notify your landlord in writing
Send an email or letter outlining the problem and requesting an inspection or repairs. Keep a copy for your records. - Request a timeline for repairs
Ask your landlord how and when they plan to resolve the issue. In most cases, they are expected to respond within a reasonable time – usually 14 days. - Follow up if necessary
If you receive no response or the landlord refuses to take action, you may need to escalate the matter.
What to do if your landlord refuses to deal with damp and mould
If your landlord ignores the issue, delays repairs, or denies responsibility, there are several options available to you.
Contact your local council
In Blackpool, the Elmbridge Borough Council can inspect your property and serve a notice requiring the landlord to carry out necessary repairs. The council can act under the Housing Health and Safety Rating System (HHSRS) to protect tenants from serious hazards like mould.
Use the Homes (Fitness for Human Habitation) Act
You may be able to take your landlord to court under this Act. If successful, the court can:
- Order the landlord to carry out repairs
- Award compensation for inconvenience, health issues, or damage to belongings
You do not need a solicitor to start a claim, but having legal advice can strengthen your case.
Consider withholding rent (with caution)
Withholding rent is risky and should only be done after seeking legal advice. You could be at risk of eviction for rent arrears. A better option may be to apply to the court to pay rent into a ‘rent repayment account’ until the issue is resolved.
Can you be evicted for complaining about damp and mould?
Tenants often fear that complaining will result in eviction. This is known as a “retaliatory eviction.” Fortunately, the law provides some protection.
Under the Deregulation Act 2015, if you report disrepair to your local council and they serve a notice on the landlord, the landlord cannot evict you using a Section 21 notice for at least six months.
This makes it essential to report serious damp problems to the council as soon as possible.
What remedies are available to tenants?
If your landlord fails to address damp and mould problems, you may be entitled to:
- Repairs – The landlord may be legally compelled to carry out work to eliminate the issue.
- Compensation – You can claim compensation for health effects, damaged belongings, higher energy bills, and inconvenience.
- Reduction in rent – If part of the property is unusable, you may be entitled to a rent reduction.
The amount of compensation will depend on the severity, duration, and impact of the issue. Keeping records is vital to support your claim.
How Marley Solicitors can help tenants in Blackpool
At Marley Solicitors, we understand the distress caused by living in substandard housing. If you are dealing with damp and mould and your landlord refuses to take action, we can help you:
- Understand your rights
- Prepare legal letters to your landlord
- Report the issue to your local council
- Make a claim for compensation or repairs
- Defend against retaliatory eviction
Our team is experienced in housing disrepair cases and committed to protecting tenant rights across Blackpool and the surrounding areas.
Practical tips for tenants dealing with damp and mould
While legal remedies are essential, there are also practical steps tenants can take to reduce the risk of damp and mould:
- Use extractor fans in bathrooms and kitchens
- Open windows regularly to ventilate rooms
- Avoid drying clothes indoors when possible
- Keep furniture slightly away from external walls
- Use dehumidifiers in persistent problem areas
These actions can help improve the indoor environment, but they should not be used to excuse landlords from their responsibilities.
Conclusion
Damp and mould in a rented property are serious issues that landlords must address. If you are a tenant in Blackpool and your landlord is ignoring your concerns, you do not have to suffer in silence. The law is on your side, and you have the right to live in a safe and habitable home.
For expert legal advice and representation, contact Marley Solicitors today. We are here to help you assert your rights and find practical solutions to housing disrepair.
