Renters5 min read
My Landlord Won't Return My Deposit — What Can I Do?
If your landlord is withholding your tenancy deposit unfairly, you have legal options. Here's a step-by-step guide to getting your money back under UK law.
17 Feb 2026Read guide
Damp and mould in a rented property is not just unpleasant — it's a health hazard your landlord is legally required to address. Here's what UK law says and what you can do.
Damp and mould is one of the most common problems in the private rented sector — and one of the most dangerous. Prolonged exposure to mould spores has been linked to respiratory conditions, worsening asthma, and, in the most severe cases, fatal illness.
Following the death of two-year-old Awaab Ishak from a mould-related respiratory condition in a social housing property, the law has tightened significantly. Here's what you're entitled to and what your landlord must do.
Under Section 11 of the Landlord and Tenant Act 1985, your landlord has a statutory duty to keep the structure and exterior of your property in repair — including the roof, walls, windows, and drainage. Damp that results from structural failure (a leaking roof, rising damp, failed cavity wall insulation, defective guttering) falls squarely within this duty.
This obligation cannot be removed by contract. Any clause in a tenancy agreement that attempts to make you responsible for structural repairs is unenforceable.
In addition, the Housing Health and Safety Rating System (HHSRS) — enforced by local councils — classifies damp and mould growth as a potential Category 1 hazard, meaning a serious and immediate risk to health. A local authority can serve an Improvement Notice on your landlord, requiring them to fix the problem within a set period.
Awaab's Law was originally introduced for the social housing sector under the Social Housing (Regulation) Act 2023. Following the public inquiry into Awaab Ishak's death, the Government extended these protections to the private rented sector under the Renters' Rights Act 2025.
Under Awaab's Law as it applies to private landlords, your landlord must:
Failure to comply exposes your landlord to enforcement action and potential compensation claims.
Landlords frequently blame tenants for damp and mould, citing "lifestyle condensation" — the idea that the tenant is generating too much moisture by cooking, bathing, or drying laundry indoors.
This excuse has limits. While tenants do have a duty not to act in a way that causes damage, courts and adjudicators have become increasingly sceptical of blanket condensation claims, particularly where:
If your landlord claims your lifestyle is the cause, you are entitled to ask for a damp survey from an independent specialist. A council Environmental Health Officer can also inspect the property and make their own assessment.
Upload any UK legal document and get an instant AI breakdown — clause by clause, risk by risk, in plain English.
How you report damp and mould matters — both for legal purposes and for preserving your rights.
Step 1: Notify in writing Email your landlord or letting agent, describing the location and extent of the mould, attaching photos with timestamps. Keep a copy of everything.
Step 2: Follow up if nothing happens If your landlord doesn't respond or fails to act within a reasonable time (or within the Awaab's Law timeframes where applicable), send a formal follow-up letter setting out the issue and the legal obligations.
Step 3: Contact your local council If your landlord ignores you, contact the Environmental Health department of your local council. They have the power to inspect the property and serve notices. This is free and you do not need a solicitor.
Step 4: Withhold rent? Be careful Withholding rent is risky and generally not advised. Even if your landlord is in breach of their repair obligations, withholding rent can lead to rent arrears proceedings against you. The correct route is through council enforcement or the courts — not unilateral rent withholding.
Yes. If your landlord has failed to repair a damp or mould problem and you've suffered loss as a result — damage to your belongings, health effects, or having to live in degraded conditions — you may have a claim for damages.
Claims can be made:
The measure of compensation typically includes: reduction in the rental value of the property for the period of disrepair, plus any quantifiable out-of-pocket losses.
If you or a family member — particularly a child — has suffered health consequences linked to mould in your rented property, you may have a personal injury claim in addition to a disrepair claim. Specialist housing solicitors handle these cases, many on a no-win no-fee basis.
Keep records: GP visits, prescriptions, correspondence linking the health issues to your living conditions, and any written advice from a doctor connecting the conditions to damp exposure.
Disclaimer: This article is for general information only and does not constitute legal advice. For advice specific to your situation, contact Shelter (shelter.org.uk), Citizens Advice, or your local council's Environmental Health department.
Upload any UK legal document and get an instant AI breakdown — clause by clause, risk by risk, in plain English.
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