TL;DR: Too long, Didn’t read
The Law: Under the Homes (Fitness for Human Habitation) Act 2018, your landlord must ensure the property is free from serious hazards, including mould.
The “Lifestyle” Excuse: Landlords often blame tenants for “drying clothes indoors.” If the property lacks proper ventilation (extractor fans), it is their fault, not yours.
The Health Risk: Black mould is a “Category 1 Hazard” (same class as asbestos). The Council can force your landlord to fix it.
Don’t Stop Paying Rent: Never withhold rent, or you risk eviction. Use the official complaints procedure instead.
It starts as a few black spots in the bathroom corner. Then it spreads to the bedroom window. Next thing you know, your clothes smell damp and you have a persistent cough. You complain to the landlord, and they send the standard reply:
“It’s condensation because you dry washing inside. Open a window.”
Is that true? Or are they dodging their legal duties? In 2025, the law is firmly on your side.
The Law: Is it “Fit for Habitation”?
Since the Homes (Fitness for Human Habitation) Act 2018 came into force, landlords cannot ignore damp. The law says a property must be fit to live in. If mould is causing a risk to your health, the property is “unfit.”
Who is to blame?
Landlord’s Fault: Structural issues (leaking pipes, rising damp, broken roof) or lack of ventilation (broken extractor fans, windows painted shut).
Tenant’s Fault: “Lifestyle” issues (never opening windows, blocking vents, drying wet clothes on radiators without ventilation).
The “Lifestyle” Argument: How to Beat It
Landlords love to blame “lifestyle.” Here is how to prove them wrong:
Check the Vents: Is there a working extractor fan in the bathroom and kitchen? If not, the landlord hasn’t provided adequate ventilation. That is their failure.
Check the Heating: Is the boiler working properly? If the house is too cold because the heating is broken, condensation is inevitable. That is a repair issue.
The “Dehumidifier” Test: If you buy a dehumidifier and the mould still comes back, it proves the issue is structural (like a leak inside the wall).
Step 1: Report It (In Writing)
Take photos of the mould. Email your landlord immediately.
Say this: “I am reporting a Category 1 Hazard (Damp and Mould) under the Housing Health and Safety Rating System (HHSRS). Please arrange an inspection.”
Why: This creates a paper trail. If they try to evict you later, this email proves it is a revenge eviction.
Note: Even if they want to inspect the mould, they must give you 24 hours’ notice—check our landlord entry guide before they arrive.
Step 2: Environmental Health
If the landlord ignores you (check our repair time limits guide for how long they have), call your local Council’s Environmental Health Department.
They can inspect the home for free.
If they find serious mould, they can serve an “Improvement Notice” forcing the landlord to do the work.
Can I Stop Paying Rent? No.
This is the biggest mistake tenants make. If you stop paying, the landlord can legally evict you for arrears (using Section 8). Instead, you can claim compensation later for the months you lived in misery.
A Quick Story: Meet Sarah
Sarah rents a flat with black mould in the bedroom. Her landlord tells her to “turn the heating up.”
The Reality: The flat has no trickle vents in the windows and the bathroom fan is broken.
The Action: Sarah contacts the Council. They inspect and declare the ventilation “inadequate.”
The Result: The landlord is forced to install new fans and treat the mould. Sarah also gets £500 compensation for the distress.
Summary: Don’t Live with Fungus
Mould isn’t just ugly; it’s dangerous.
Check for leaks/fans.
Report it in writing.
Get the Council involved.
(Sources: Shelter – Damp and Mould, Gov.uk – Guide for Tenants)
This guide is for information purposes only. Always seek professional advice if mould is affecting your health.