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Landlord Won't Fix Damp, Mould, or Repairs? Your Rights — and How to Force the Repair (UK)

You have reported the damp. You have sent the photos of the mould creeping across the bedroom wall, or the boiler that has been dead for a fortnight, or the leak staining the ceiling — and your landlord has gone quiet. It is one of the most draining situations a tenant can be in, and it is easy to feel you have no leverage. You do. Your landlord has legal duties to keep the property in repair and fit to live in, and if they ignore them you can force the issue — and in many cases claim compensation. Here is how those rights actually work, and the mistakes that quietly cost tenants their claim.

This guide is about the law in England. Wales, Scotland, and Northern Ireland have their own — related but different — rules, which we flag along the way.

Your Landlord's Core Repair Duty: Section 11

The foundation is section 11 of the Landlord and Tenant Act 1985. It puts a duty on the landlord — one that cannot be signed away in the tenancy agreement — to keep in repair:

This applies to almost all ordinary lettings — any tenancy granted for a term of less than seven years, which covers virtually every assured shorthold and periodic tenancy. A landlord cannot use a clause in your agreement to reduce these duties; they can only add to them.

The Step People Skip — and It Sinks Their Claim

Under section 11, your landlord is generally not in breach until they know about the problem. If the defect is inside your home, the law expects you to have told them — ideally in writing — and given them a reasonable chance to fix it before you can act. So the single most important thing you can do is report every problem in writing and keep a copy, with dates and photos. (There is an exception: for defects in shared or common parts the landlord controls, such as a communal roof or stairwell in a block, they are treated as already on notice.) A letter that puts the disrepair formally on record is not a formality — it is what turns "my landlord is ignoring me" into an enforceable breach.

The Stronger Modern Right: A Home Fit to Live In

Since the Homes (Fitness for Human Habitation) Act 2018, section 11 is backed by an even broader duty. The Act inserted a new implied term into the Landlord and Tenant Act 1985 that the property must be fit for human habitation at the start of the tenancy and throughout it. It applies to both private and social tenancies (for tenancies granted or renewed from 20 March 2019, and to existing periodic tenancies from 20 March 2020).

Whether a home is "fit" is judged against serious hazards — the same categories used in the official Housing Health and Safety Rating System, which include damp and mould, excess cold, unsafe electrics, fire risk, and structural problems. The big practical advantage of this Act: you can take your landlord straight to court yourself and ask a judge to order the repairs and award compensation — you do not have to wait for the council to get involved.

Awaab's Law — Powerful, But Know Who It Actually Covers

You have probably seen Awaab's Law in the headlines, named after two-year-old Awaab Ishak, who died after prolonged exposure to mould in a housing-association flat. It sets strict legal deadlines for landlords to investigate and fix dangerous hazards. Its first phase has been in force since 27 October 2025 and covers emergency hazards and serious damp and mould, with timescales such as:

But here is the crucial catch the headlines often miss: Awaab's Law currently applies only to social housing — council and housing-association tenants. As of now it does not apply to private renters. The government has said it will extend similar rules to the private sector in future, but no date is set. If you rent privately, your rights come from section 11 and the Fitness Act above — still strong, just not Awaab's Law. (A further phase for social landlords, covering more hazards, is due at the end of November 2026.)

If You Rent Privately: The Council Route

Alongside taking your landlord to court, a private tenant can ask the local council's Environmental Health team to inspect. They assess the property for hazards, and if they find a serious ("Category 1") hazard they have a duty to act — commonly by serving an improvement notice under the Housing Act 2004 requiring the landlord to put it right. This costs you nothing and creates an official record of the problem.

If You Rent From a Council or Housing Association: The Ombudsman

Social tenants have an extra free route. Once you have been through your landlord's own complaints procedure and are still not satisfied, you can escalate to the Housing Ombudsman Service, which can investigate and order the landlord to put things right and pay compensation. It is worth knowing that private tenants do not yet have an equivalent free ombudsman — a private-rented ombudsman is planned but is not expected to be running until around 2028.

What You Can Actually Claim

If your landlord has breached their duty, a court can order them to carry out the repairs and to pay compensation. Compensation can reflect:

Be realistic and be wary of anyone promising a set figure: there is no fixed formula or guaranteed amount. Courts assess each case on how bad the conditions were, how long they lasted, and how much of the home was affected. Lower-value claims (under £10,000 in England & Wales) are usually handled on the small claims track, which is designed to be used without a solicitor and keeps your cost risk low.

Do Not Stop Paying Your Rent

It is tempting, but withholding rent because your landlord will not repair is risky and generally not a right you have. Falling into arrears can hand your landlord a reason to seek possession — turning a repairs dispute into an eviction one. Keep paying, keep your record clean, and pursue the repairs through the proper channels instead. (A narrow "repair and deduct" self-help remedy exists but has strict rules and real pitfalls — get advice before relying on it.)

Can They Evict You for Complaining?

Tenants often stay quiet for fear of a "revenge eviction". The landscape here has changed. The Renters' Rights Act abolished Section 21 "no-fault" evictions from 1 May 2026, so a landlord can no longer simply hand you notice for no reason — they now have to rely on specific legal grounds under Section 8. That makes it considerably harder to push a tenant out purely for asking for repairs. It does not make you eviction-proof, but the days of a quiet no-reason notice as retaliation are over.

How Long You Have

In England & Wales, a disrepair claim as a breach of the tenancy is generally subject to a six-year limit under the Limitation Act 1980. If the disrepair caused a genuine injury to your health — for instance a respiratory illness from long-term mould — a shorter three-year personal-injury limit can apply to that part, so do not sit on it. In Scotland a five-year period generally applies, and Northern Ireland has its own rules — this guide is written for England.

Putting It in Writing

Almost every successful outcome starts the same way: a clear, firm letter to the landlord. One that lists each defect, refers to their duties under section 11 of the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018, sets a reasonable deadline to put things right, and makes clear you will escalate if they do not. It puts them formally on notice — the step the law expects you to take — and it is far more effective than another unanswered text message.

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