Damp and mould complaints: What landlords should do, document, and never ignore
Damp and mould problems in a rental property aren’t just a cosmetic issue. Government guidance treats these problems as a serious health risk, especially for children, older people, and vulnerable tenants.
The first rule for landlords is to respond quickly and not blame the tenants’ lifestyle choices as a default. Government guidance explicitly tells landlords to investigate properly and respond with evidence.
In this article, read our quick guide on how landlords should respond and deal with damp or mould complaints in a rental property.
What landlords should do immediately after a damp or mould complaint
Tenant complaints about damp or mould don’t have to be formal for the mandates to apply. They can raise a concern via text, email, on the phone, or via the messaging side of a property management app.
After a complaint, landlords should consider:
1. Acknowledge the complaint in writing
Document your evidence immediately. Even if the tenant didn’t put the complaint in writing, it doesn’t mean they haven’t got their own records of the conversation.
Respond in writing – either via email, text, or your property management app messaging. Acknowledge their complaint about the issue and respond with a holding message.
This could be to:
- Send them your standard response for damp or mould complaints
- Advise them of the next steps (e.g., you’ll organise an assessment of the property via a contractor)
- Tell them you’ll be in touch shortly with next steps (although be mindful of the need to respond with action quickly
- Request photos or a video of the mould
If the tenant made the complaint verbally, you can also ask them to put it in writing too – so you have a full record of what their specific issue relates to.
2. Log the date and details
Good record-keeping is a must for modern landlords. Make a note of the date and the details surrounding the damp or mould complaint. For example, you could:
- Save a copy of the tenants’ complaint in a folder or digital space for the property (e.g., save the text message or email with timestamps saved on your property management software)
- Store a copy of your response and the date it was responded to
On Rentila, a landlord’s property management app, you can do this by adding the complaint to your workflow for the property. You can classify it as urgent and assign actions or updates to the log to help you keep track.
3. Arrange an inspection quickly
Government guidance is very clear that landlords are expected to act swiftly upon receiving a damp or mould complaint.
This comes partially from Awaab’s Law (part of the Social Housing Regulation Act), which was named after a two-year-old boy who died due to prolonged black mould exposure in a housing association flat.
For significant hazards (like dangerous damp or mould), landlords have only 10 working days to investigate and prepare a report of the findings.
This can be:
- A professional inspection
- Your own visit to the property
- A remote assessment via video call/photos (although this isn’t allowed if the tenant requests an in-person visit)
There are some elements to bear in mind when completing your own inspection rather than hiring a professional. For example, you can’t use your own visit to delay fixing any serious health risks.
4. Assess severity and any immediate health risk
During or after the inspection, landlords (or the professional) are expected to assess the severity of the mould or damp problem and determine any immediate health risks.
If conducting the initial assessment yourself, there are signs to look out for as to whether it’s severe or not. If you’re unsure or you can’t locate a reasonable cause, consider getting a professional inspection.
Bear in mind that a professional inspection can give a better assessment – especially if there are known issues with the building or particular circumstances around this property or tenant.
Guidance states that landlords cannot determine that the issue is the “tenant’s fault” due to “lifestyle choices” (e.g., things like drying clothes indoors, turning off extractor fans, or using humidifiers) without evidence.
5. Keep written/photo evidence
Evidence is crucial for landlords. Years ago, good record-keeping was considered essential to protect yourself if things went sideways. But in the modern world of renting, it’s part and parcel of being generally compliant.
As damp and mould complaints are taken so seriously, make sure you document everything in writing and keep photo evidence.
Try to do this with things you suspect may be causing the problem too (e.g., take a photo of the tenant keeping the dehumidifier you bought buried in a cluttered closet, or if you spot a humidifier running near their houseplants).
What landlords should document
When government guidance says to “keep evidence” and “record everything”, in practice, this can mean documenting:
- The complaint date
- The tenant reports and photos (e.g., the tenants’ email or text)
- The inspection findings (via your own written report or those from a professional)
- Contractor reports (e.g., a damp and mould surveyor or a plumber)
- Remedial works (even things you’ve suggested in the short term, like washing down mould, ventilating the property, and using the dehumidifier)
- Follow-up visits (e.g., the dates and what happened during the visit)
- Communication with the tenant (any discussions can prove beneficial in the unlikely event the issue is escalated)
A practical landlord workflow
In practical terms, a good workflow for landlords to follow following a tenant complaint about damp or mould could be:
- Receive complaint
- Inspect the issue
- Identify likely cause(s)
- Carry out urgent works
- Confirm the outcome in writing
- Re-check the property after repairs
- Document all decisions, communication, and progress
FAQs
What are the different damp/mould issues?
Damp or mould-related issues/complaints in rental properties aren’t always serious, and the remedy depends on the root cause.
Landlords (or a hired professional) are expected to understand the cause before advising on the most appropriate action.
The main types of damp/mould complaints relate to:
- Condensation: Which appears inside the windows. It can come from a temporary increase in moisture (e.g., while cooking) or broken window seals. It isn’t usually a serious or complex issue to fix, but it can cause mould around the windows.
- Penetrating damp: This is when moisture from outside the building seeps in through cracks, broken seals, plumbing issues, or other building defects. Damp patches, peeling paint, rotting skirting board, or patches of mould can appear anywhere on the walls.
- Rising damp: One of the more serious issues is rising damp, which is when damp comes from the ground upwards into the building. It can be caused by blocked vents, improper patios, or failing damp-proof courses. Signs will be near the base of the walls and floors, like yellow marks, salt stains, peeling paint, or crumbling plaster.
- Leaks: A leak somewhere in the property can also be a cause of damp or mould. For example, a leaky pipe or broken roof tile can slowly drip water into the property and cause excess damp.
When can the council get involved?
The council can get involved if a serious problem is not addressed after a complaint. This is especially the case if the issue directly affects the tenant’s health and safety.
Tenants are allowed to complain to the council at any time, but the council is only likely to investigate or take further action with evidence.
For example, the council will check whether the landlord has had a reasonable amount of time to respond, and they will ask for written evidence of correspondence (e.g., emails, letters, or texts between you).
Generally, the council will get involved if:
- The landlord took “too long” to respond or didn’t respond at all (within a reasonable timeframe)
- There was an inadequate response (e.g., the landlord disregarded the complaint or refused to investigate)
- No action is taken – especially if the issue is causing a significant health hazard or uninhabitable living conditions
A council can do one of three things in response to a tenant’s complaint:
- Issue an improvement notice: This is a legal notice that forces the landlord to complete the remedial works to fix the damp/mould.
- Send an abatement notice: This is another notice that requires the landlord to eliminate the “nuisance” on the property or in the area (e.g., the damp/mould).
- Offer protection against eviction: The council can prevent a landlord from serving a Section 21 eviction notice against the tenant (e.g., if a landlord tries to do this instead of fixing the mould/damp issue).
Is “ventilate more” a sufficient response to damp/mould concerns?
No, government guidance is fairly clear that telling tenants to “ventilate more” or “open windows” is not a sufficient response to damp/mould complaints in most circumstances.
If the problem is truly temporary (e.g., condensation appears around windows when cooking for very long periods, but not at any other time and there is no mould), then better ventilation could be an adequate solution. Landlords may be expected to supply additional support with this, like installing a better extractor fan or supplying a dehumidifier.
However, if the building has defects, poor insulation, leaks, or inadequate extraction, asking tenants to manage this by opening a window more often is not considered suitable.
In these cases, landlords are expected to identify the cause of the issues, propose temporary remedial works, and implement longer-term solutions in a timely manner (according to government guidelines).
Things to remember: Handling damp and mould complaints as a landlord
- Have a workflow: Create a clear set of steps for responding to damp or mould issues – ideally one that includes when you’ll bring in a professional for assessment/remedial works.
- Draft template responses: Landlords must respond to serious complaints quickly, so having template responses ensures you’re able to act fast and cover all bases.
- Keep good records: Use property management software or your own organisational system to document all email, text, and letter correspondence, along with photos and inspection reports.
- Know the language to avoid: Asking tenants to “ventilate more” or blaming their lifestyle without evidence isn’t seen as an adequate response.
