Is my landlord responsible for rising damp?

Rising damp is moisture travelling up from the ground through the masonry, generally affecting the lower part of the ground floor up to about one metre, and it is more common in older properties¹. It is one of four damp problems a renter may meet, alongside penetrating damp, condensation damp and construction damp, and the responsibility rule differs for each.

The stakes are not cosmetic. Damp homes are linked to a 30 to 50% increase in respiratory problems, and 60% of UK adults believe landlords are primarily responsible for fixing mould in rented accommodation². This page sets out who fixes what, when a landlord may not be liable, and what a tenant can do when repairs stall.

Rising, penetrating and condensation damp: who fixes what

The three common damp types have different causes, and that shapes who pays.

Rising damp happens when moisture travels up from the ground through the masonry to the height of about one metre¹. Because it comes through the structure, the implied repairing term usually puts it on the landlord. The same logic applies to penetrating damp, which happens when water enters the fabric of a building from outside to inside, for example through a leaking downpipe¹. The landlord must keep in repair the exterior and structure of the home as well as installations such as basins, sinks, baths, toilets and their pipework, so a leaking roof, cracked wall, leaking guttering or external pipe, leaking drainage pipe, or rotten window or door falls within that duty¹. Penetrating damp is the second most likely cause of damp⁵.

Condensation damp is different. It generally happens when a property cannot deal with normal levels of water vapour because of a lack of insulation, ventilation or heating, or a combination of all three¹. It is the most common cause of damp and mould⁶. Responsibility here is conditional rather than automatic, and is set out below.

Construction damp is caused by a problem with a property's design, for example a defect that lets a basement become damp when the water table rises¹.

When the landlord is probably responsible for condensation

Condensation is the damp type most often disputed, because everyday moisture from cooking, bathing and drying clothes contributes to it. The condition of the building still decides the question in many cases.

A landlord will probably be responsible for dealing with condensation damp if the tenancy agreement says so or says they will keep the home fit to live in; if the damp was caused by the landlord not making certain repairs, such as to heating or ventilation; or if the damp has caused damage the landlord has to repair, such as rotting window frames or damaged plasterwork¹.

That third route matters because it converts a condensation argument into a repairing argument. Once plaster or timber has been damaged, the landlord's repairing duty is engaged on the building itself.

For private renters, the wider test is safety: a landlord might be responsible for the damp if it means the home is not safe to live in, for example if it has made the tenant or their family ill¹.

The same advice is given for Northern Ireland, where tenants who have tried the practical steps and still have persistent damp and condensation are told to contact their landlord⁸.

When the landlord may not be responsible

Three situations weaken or remove the landlord's duty, and tenants should understand them before a dispute hardens.

No damp-proof course. If the home does not have a damp-proof course, the landlord may not be responsible for putting one in, because the work may be regarded as an improvement rather than a repair. That is considered on its own facts¹.

A design problem that causes no damage. If a design problem does not affect the structure or exterior of the home and causes no damage to the building, the landlord may have no responsibility under the tenancy agreement to prevent the damp. Where a design problem does cause damage, for example to wall or ceiling plaster, the landlord is responsible for those repairs¹.

Reasonable steps. Under the electrical safety regime, a landlord is not in breach of a duty if they can show they have taken all reasonable steps to comply⁹. The same principle of demonstrable effort runs through landlord duties generally.

There is also a boundary between landlord and tenant equipment. A landlord is responsible for any gas appliance they own and provide for the tenant's use, and where a tenant has their own gas appliance that the landlord did not provide, the landlord is responsible for parts of the associated installation and pipework but not for the appliance itself¹⁰. The householder or landlord is responsible not only for appliances such as a boiler or cooker but also the gas pipes running from the meter to them¹¹.

What council and housing association tenants can rely on

Social tenants have a stronger position than private renters on damp, because the duty is framed around safety and health rather than the tenancy wording alone.

If a tenant rents from the council or a housing association, the landlord is responsible for the damp if it means the home is not safe to live in, or if it is an ongoing serious problem affecting physical or mental health¹. A social landlord also has a duty to fix reported damp, mould and emergency repairs by law⁵.

Where a social landlord arranged an energy efficiency improvement, it is usually the landlord's responsibility to do repairs if the improvement either is not working properly or causes another problem in the home¹².

If a social landlord will not act, tenants of a housing association or local council can make a complaint to the Housing Ombudsman Service¹².

In Scotland, owners in mixed tenure blocks are liable for their share of common repair costs under the Tenement (Scotland) Act 2004, which matters where a social landlord owns only part of a block¹³.

Damp, fitness for habitation and the tenancy agreement

The tenancy agreement does not have to name damp for a landlord to be responsible. The implied repairing term does the work for structural damp, and separate fitness standards do it for the condition of the home as a whole.

In Northern Ireland, the fitness standard for private rented properties requires that a home be structurally stable; free from serious disrepair; free from dampness that could damage the occupant's health; have adequate provision for lighting, heating and ventilation; have adequate piped wholesome water; have satisfactory facilities for preparing and cooking food, including a sink with hot and cold water; have a suitably located water closet for the occupant's exclusive use; have a suitably located fixed bath or shower and wash-hand basin with hot and cold water; and have an effective system for draining foul, waste and surface water¹⁴.

In Wales, a landlord under an occupation contract is obliged to ensure a dwelling is both in repair and fit for human habitation¹⁵.

Energy performance interacts with damp risk. Renters living in homes with an EPC D to G are 73% more likely to experience damp and 89% more likely to experience excessive cold than renters in EPC A to C homes, according to a consultation response on draft Scottish private rented sector regulations⁴. Retrofit work is intended to ensure a dwelling is fitted with appropriate measures for energy efficiency and the risks associated with damp and ventilation¹⁶.

What tenants can do next: reporting damp and getting repairs done

The single most important step is to report the problem in writing, because the duty usually attaches only once the landlord knows.

A landlord is usually only responsible for repairing the problem when they become aware of it, so tenants should report it straight away¹. A practical first check is the building itself: look for a damaged damp course, rising damp, or roof and window leaks where water may enter the home⁷.

1. Report the damp in writing and keep a copy of the message and any reply.
2. Photograph the tide mark, damaged plaster, skirting or window frames, with dates.
3. Ask for an inspection and note when it is offered or refused.
4. If nothing happens, complain to the council, which can fine a landlord who will not make improvements¹⁷.
5. Social tenants can escalate to the Housing Ombudsman Service¹².

Tenants also have duties that keep the repair route open. In Northern Ireland, tenants must allow the landlord access to the property to carry out maintenance or safety checks on gas appliances or flues that the landlord provides¹⁸. Landlords should arrange for heating equipment to be regularly serviced¹⁹.

Where a landlord is arranging improvement work, tenants may be asked for permission. Under the Warm Homes: Local Grant scheme, landlords must obtain tenants' permission to carry out work, and the property must have an EPC rating of D or below; a landlord cannot raise rent because of upgrades²⁰. Under the earlier Sustainable Warmth Competition, where a household was low-income and renting, the landlord had to contribute at least a third of the total cost of upgrading the property within the relevant cost caps²².

Where responsibility sits for the household's independence

Damp is a dependence problem as much as a repair problem. A tenant cannot commission structural work, cannot choose the contractor and cannot force a damp-proof course to be installed where the landlord can argue it is an improvement rather than a repair¹. The household's comfort depends on a landlord's decision, and on a council's willingness to enforce.

What a tenant does control is the evidence trail and the practical management of condensation: ventilation, heating and reporting. What they do not control is the fabric of the building, and that is where rising and penetrating damp live. For a fuller picture of what renters can and cannot change, see Renting and Home Energy and Damp and Mould in Rented Homes. Landlords' wider obligations are set out in Landlord Duties on Energy, Heating and Home Safety, and the position in social housing in Energy in Social Housing.