Damp and Rent: Where Do Landlords Stand?
Damp and mould are among the most common causes of tenant complaints in the UK — especially in older, poorly ventilated London properties. But can a tenant legally refuse to pay rent if there’s damp?
The answer is: not automatically. However, if the landlord has failed to act after being notified of the problem, the tenant may gain legal grounds to take action — including withholding rent in some cases.
Understanding your legal responsibilities — and documenting your response — is critical to avoiding costly disputes.
What the Law Says About Damp in Rental Properties
Under the Homes (Fitness for Human Habitation) Act 2018, landlords are legally required to ensure that rented properties are free from hazards that make them “unfit for habitation.”
Damp and mould fall under this definition when they:
Affect the tenant’s health
Make the property structurally unsafe
Render parts of the home unusable
If a property is found to be unfit due to damp, a tenant can:
Seek legal action
Report you to the local council
Apply for a Rent Repayment Order
In some cases, withhold rent if advised legally
When Can a Tenant Withhold Rent Due to Damp?
Tenants are generally expected to continue paying rent while repairs are being addressed. However, they may legally withhold rent if:
They have repeatedly notified the landlord of damp or mould
The landlord has failed to act within a reasonable timeframe
The damp is severe enough to breach housing standards
They follow proper legal procedure or receive guidance from housing solicitors or Shelter
Note: Tenants who withhold rent without legal advice or documentation risk eviction or legal action themselves.
Your Legal Responsibilities as a Landlord
As a landlord in London, you're expected to take damp and mould complaints seriously and act quickly.
Your responsibilities include:
Investigating all reports of damp
Carrying out repairs where required
Maintaining the property in a condition fit for human habitation
Ensuring good ventilation and resolving any structural causes of moisture
You should also keep records of:
Communications with tenants
Inspection dates and findings
Quotes and invoices for repair work
Copies of any professional damp survey reports
Failure to do so leaves you vulnerable to legal claims — especially in areas like Camden, Hackney, Southwark and Islington, where older homes are more susceptible to rising and penetrating damp.
Why a Professional Damp Survey Can Protect You
If you’ve received a complaint — or want to proactively inspect your rental property — a professional damp survey is the smartest move you can make.
It gives you:
A clear diagnosis of the type and cause of damp
Independent documentation to show the issue was taken seriously
Thermal imaging and moisture readings
A written report that supports legal defence if disputes escalate
Actionable recommendations to fix the problem properly
At our London-based firm, we conduct expert damp surveys for landlords, letting agents, and housing associations. Our reports often uncover underlying causes that cheaper inspections or visual-only checks miss.
We charge for our damp surveys because they involve a full investigation, site visit, and detailed written report (taking approximately 3 hours to complete).
What Landlords Should Do When a Tenant Reports Damp
Respond quickly — acknowledge the complaint and schedule an inspection
Don’t guess — book a professional damp survey to confirm the source
Communicate openly — explain the process and timeline to your tenant
Document everything — emails, surveys, quotes, and repairs
Fix the cause, not just the symptoms — e.g. rising damp needs more than paint or bleach
Taking these steps can protect you legally, maintain your relationship with tenants, and help prevent rent withholding or council intervention.
Need Support? Book a Damp Survey Today
If you're dealing with a damp complaint — or want peace of mind before a dispute begins — book a professional damp survey today.
We serve landlords across London and provide expert-level reporting trusted by tenants, solicitors, and housing officers.
Book a Damp Survey Now Stay protected. Stay compliant. Get expert support.