Damp and Condensation

This factsheet explains the issues of damp and condensation in rented residential property in England together with the respective duties of both the landlord and the tenant

Background:

Landlords and tenants have a responsibility to reduce the risk of damp and condensation at the property. Landlords have a responsibility under the Landlord and Tenant Act 1985 (LTA 1985) to keep in repair the structure and exterior of the dwelling-house (s11 LTA 1985) and to ensure the property is fit for human habitation (including free from damp) at the start of the tenancy and throughout the tenancy (s10 LTA 1985). The Environmental Protection Act 1990 and the Housing Act 2004 (Housing Health and Safety Rating System Regulations 2005) brought in further regulations requiring landlords to ensure that there are no statutory nuisances that are prejudicial to health or any hazards in the property that will cause a risk of harm to the tenant. Local authorities can take action against landlords to resolve any risks that arise from these hazards, including where damp and mould poses a serious risk of harm to the tenant. Since 2016, minimum energy efficiency standards now also apply to rental properties.

It has always been the understanding that, if damage is caused to the property as a result of damp and condensation due to the tenant’s use of the property rather than a defect in the property, then the landlord can raise a claim via the deposit scheme for a deduction from the tenancy deposit for the damage. Warren v Keen 1954 requires the tenant to treat the property in a ‘tenant-like-manner.’ Lord Denning described this as ‘The tenant must take proper care of the place. He must, if he is going away for the winter, turn off the water and empty the boiler. He must clean the chimneys, when necessary, and also the windows. He must mend the electric light when it fuses. He must unstop the sink when it is blocked by his waste. In short, he must do the little jobs about the place which a reasonable tenant would do. In addition, he must, of course, not damage the house, wilfully or negligently; and he must see that his family and guests do not damage it; and if they do, he must repair it.’

More recently, the government have published some guidance ‘Understanding and addressing the health risks of damp and mould in the home’ as a result of the tragic death of 2 year old Awaab Ishak in 2020 who suffered from a serious respiratory condition. The coroner explained that the respiratory condition was due to the prolonged exposure to the mould in his home and the report describes various failings, one being that the property “had inadequate ventilation and was not equipped for normal day-to-day living activities which led to excess damp and condensation.”

There are some useful points in the guidance to help landlords improve standards to prevent a reoccurrence of the devastating case of Awwab Ishak but there are also some statements within the guidance which give the impression that the tenant’s use of the property cannot contribute towards damp problems such as ‘tenants should not be blamed for damp and mould. Damp and mould in the home are not the result of ‘lifestyle choices’, and it is the responsibility of landlords to identify and address the underlying causes of the problem, such as structural issues or inadequate ventilation’ which contradicts both Warren v Keen 1954 and the LTA 1985. The landlord’s implied duty is not to carry out works or repairs for which ‘the lessee is liable by virtue of the duty of the lessee to use the premises in a tenant-like manner’ (LTA 1985 and Warren v Keen ) or where the repairs or unfitness are ‘wholly or mainly attributable to the lessee’s own breach of covenant‘ (LTA 1985 and Joseph Harvey & Anor v Polly Louise Heaver & Anor [2026] EWHC 1671 (KB)).

As a result of the guidance we feel is it necessary to provide information for landlords and letting agents to clarify the law and that it may not always be a structural defect or inadequate ventilation that causes condensation and mould.