A landlord’s guide to damp and condensation

Damp and condensation are common problems for landlords and tenants, and disputes arise when issues are left untreated or there is a disagreement about who is responsible for fixing the problem.

In this blog, our landlord and tenant solicitors explain what responsibilities a landlord has when it comes to damp and condensation in rental properties.

What’s the difference between damp and condensation?

There are three main types of dampness:

1. Condensation
2. Penetrating damp
3. Rising damp

Condensation

Condensation is excessive moisture inside a property. It is caused by inadequate insulation, heating or ventilation.

Condensation forms when warm air inside a building meets cold air from outside, and so it is normally most noticeable on windows, glass doors and bathroom mirrors (usually because of steam from hot showers).

Penetrating damp

Penetrating damp is caused by structural problems such as leaking gutters and roofs, and poor brickwork. It can be serious if action is not taken early on.

Penetrating damp can manifest as dark patches on external walls, and from the outside, you may notice cracks on the walls.

Rising damp

Rising damp is caused by groundwater travelling up into walls and floors. It is relatively rare and can be serious if left untreated.

Rising damp looks like condensation, but starts (as the name suggests) at ground level and works its way up. It is more common in older properties where a damp-proof course is either missing or damaged. 

Any type of condensation and damp can lead to mould forming if left untreated.

What is a landlord’s responsibility regarding damp?

If tenants have reported issues with damp or mould (either directly or via a letting agent or management company), the landlord must respond to the notification within 14 days.

A landlord must also visit the property and try to establish what’s causing it. If they cannot easily identify the cause of the damp, they can ask a specialist damp surveyor to inspect the property. The tenants must allow them access to do this.

If a landlord visits the property and believes the damp issue to be serious and a health risk, they must let the tenant/s know as soon as possible.

Landlords are responsible for fixing these issues related to damp and condensation:

• Structural problems
• Faulty installation, e.g. gutters
• Leaking pipes
• Lack of ventilation, including extractor fans
• Cracked walls
• Leaking roofs and missing roof tiles

As well as fixing issues, the landlord should check the property at least every six weeks after the repairs are completed.

Landlords are also responsible for fixing damage caused by the damp, e.g. damaged carpets and paintwork.

If a landlord attempts to obtain possession of the rental property without having investigated or dealt with the issues, they may be accused of retaliatory or revenge eviction. If a landlord fails to act on a report of damp, the tenants can bring a claim for disrepair. A disrepair claim will, in turn, lead to the landlord being ordered to pay compensation to the tenant/s.

Actions a tenant should take to avoid damp

While it is a landlord’s responsibility to ensure a rental property is in a good state of repair and condition, and that any reports of damp, mould or condensation are dealt with appropriately, there are various actions tenants should consider to avoid these problems. These include:

• Opening windows regularly
• Drying clothes outdoors or in a dryer (not on radiators)
• Using extractor fans in the kitchen and bathroom
• Leaving a gap between furniture and external walls
• Wiping condensation from windows and windowsills

If a tenant does not have outside space or a dryer (or another appropriate place to dry clothes), it is good practice for a landlord to help with a solution, i.e. providing a dryer or dehumidifier.

Awaab’s Law

Section 42 of the Landlord and Tenant Act 1985 (‘Awaab’s Law’) is set to come into force as part of the Renters’ Rights Act 2025. This new law is already applicable to social landlords and follows the death of two-year-old Awaab Ishnak in 2020, who suffered respiratory issues caused by prolonged exposure to mould in his home.

Awaab’s Law is set to be introduced as part of the Government’s phase two roll-out of reforms to private renting. It sets clear timeframes within which private landlords must take action to make properties safe where they contain serious hazards.

Contact our landlord and tenant solicitors in Bristol

If you are a landlord who is unsure about the extent of your obligations, or you need advice about how to deal with a tenant dispute, our property litigation solicitors may be able to help.

Contact our team on 0117 325 2929 or fill out our online form, and we will be in touch.