If you have damp or mould in your rented home

Rising damp is more common in older properties. It generally affects the lower part of the ground floor of a property up to the height of about 1 metre. So, if you live above the ground floor in a block of flats and have damp, it won't be rising damp.

Who's responsible for rising damp

In many cases, your landlord is responsible for dealing with rising damp. This is because there's a term implied into your tenancy agreement which says that it's their responsibility to keep the exterior and structure of your home in repair.

If there's a problem with an existing damp-proof course (DPC) in your home which is causing the damp, then your landlord is likely to be responsible for repairing it.

If your home doesn't have a DPC, your landlord may not be responsible for putting one in. This is because the work may be regarded as an improvement rather than a repair. Each case would have to be considered on its own facts.

Your landlord might be responsible for the damp if it means your home isn’t safe for you to live in - for example if it’s made you or your family ill.

Penetrating damp can be caused by a number of repair problems, for example:

• a leaking roof

• a cracked wall

• leaking guttering or external pipes

• a leaking drainage pipe

• rotten windows or doors

Who's responsible for penetrating damp

In many cases where the damp is caused by problems such as those listed above, the landlord is responsible for repairing the problem. This is because a term implied into your tenancy agreement says that the landlord must keep in repair the exterior and structure of your home as well as installations like basins, sinks, baths, toilets and their pipework.

Your landlord might also be responsible for the damp if it means your home isn’t safe for you to live in - for example if it’s made you or your family ill.

Construction damp is caused by a problem with a property's design. For example, a design defect in a property causes the basement to become damp when the level in the water table rises.

Who's responsible for construction damp

In cases of construction damp, if the design problem doesn't affect the structure or exterior of your home or cause any damage to the building, then your landlord may not have a responsibility under the tenancy agreement to prevent the damp.

However, your landlord is responsible for repairs if a design problem causes damage to the building, for example to a wall or ceiling plaster.

Your landlord might also be responsible for the damp if it means your home isn’t safe for you to live in - for example if it’s made you or your family ill.

Condensation damp can occur anywhere on a wall. It may form at the base of wall, or from top to bottom. It can result in mould growth, damage to furniture and belongings and in some cases mite infestation.

Who's responsible for condensation damp

Your landlord will probably be responsible for dealing with condensation damp if:

• your tenancy agreement says they’re responsible - or it says they will keep your home “fit to live in” or something similar

• the damp was caused by your landlord not making certain repairs to your home - for example, not fixing the heating or ventilation

• the damp has caused damage to your home that your landlord has to repair - for example, if it’s caused window frames to rot or damaged plasterwork

Your landlord might also be responsible for dealing with damp if it means your home isn’t safe for you to live in - for example if it’s making you or your family ill.

Your landlord’s responsibility to prevent condensation damp

Sometimes it’s difficult to know what’s causing condensation damp. There might be more than one reason.

If you have a damp problem that keeps coming back, tell your landlord. Your landlord’s usually responsible for repairing a problem when they become aware of it. Ask them to check all the potential causes of condensation damp.

 Condensation damp could be caused by:

• not having proper ventilation - for example, in a basement room or a room where the windows don’t open

• not having good enough extraction fans in kitchens and bathrooms - for example if the extraction fans don’t work or aren’t big enough for the room

• broken heating systems - for example if the boiler isn’t working properly 

• not having insulation on external walls or ceilings

• no suitable way to dry clothes - for example if a flat doesn’t have access to an outside area or a tumble dryer

Things you can do to reduce condensation damp

You should try and reduce extra moisture in your home. Extra moisture can come from:

• portable gas or paraffin heaters – these heaters put a lot of moisture into the air

• drying wet clothes on radiators without opening a window – it's best to dry clothes outside or in the bathroom with the door closed and the window open or fan on

• using a tumble dryer with no outside vent – unless a tumble dryer is a self-condensing type, it should be vented to the outside

You should try and improve the ventilation in your home, this will help to remove moisture. Check that none of the air vents are covered and that your extractor fans are working.