Is It Illegal for a Landlord to Ignore Damp?

It is not a specific criminal offence for a landlord to ignore damp. But in many cases, ignoring damp is illegal because it breaches statutory repairing obligations or the implied covenant that your home must be fit for human habitation. Under section 11 of the Landlord and Tenant Act 1985 , landlords in England must keep the structure and exterior of your home in repair. The Homes (Fitness for Human Habitation) Act 2018 goes further: your home must be free from hazards that affect health, including severe damp and mould. For social landlords, Awaab's Law now imposes fixed timeframes for investigating and fixing damp.

Our analysis of published Housing Ombudsman decisions shows that damp and mould is one of the most common complaint themes, appearing in 5,641 determinations. — Landlord Record analysis of Housing Ombudsman decisions (OGL v3.0)

If your landlord knows about damp — or should have known — and fails to act, you have enforceable rights. This guide explains what counts as "ignoring" damp in the eyes of the law, what triggers a breach, and the three main ways you can force your landlord to put things right.

What "ignore" means legally

"Ignoring" damp does not only mean doing nothing. In legal and Ombudsman complaints, it covers a range of landlord failures:

• Failing to respond to a report. If you tell your landlord about damp and they do not acknowledge it, investigate it, or arrange repairs, they are ignoring the problem.
• Unreasonable delay. Even if a landlord eventually acts, a long delay without good reason can amount to ignoring the issue. What is "reasonable" depends on severity: urgent health risks should be addressed in days, not weeks.
• Inadequate or temporary repairs. A landlord who paints over mould without fixing the leak, ventilation, or insulation that caused it has not truly addressed the problem. The Ombudsman frequently finds maladministration where landlords treat symptoms rather than causes.
• Failing to meet Awaab's Law timeframes. For social landlords, significant damp and mould must be investigated within 10 working days and made safe within 5 working days of the investigation finishing. Missing these deadlines is a breach of the implied terms in your tenancy agreement.

The key legal question is not whether the landlord literally did nothing, but whether their response was reasonable and effective. If it was not, they may be in breach.

What triggers a breach of duty

Three main laws create obligations that a landlord breaches when they ignore damp. The table below shows how common landlord failures map to legal breaches and what you can do about each.

Enforcement: three ways to force your landlord to act

If your landlord is ignoring damp, you do not have to accept it. There are three main enforcement routes, and you can use more than one at the same time.

1. Complain to the Housing Ombudsman

The Housing Ombudsman is a free, independent service that investigates complaints about social landlords in England. You must usually exhaust your landlord's internal complaints process first, but once you have a final response (or if the landlord does not respond), you can escalate to the Ombudsman.

If the Ombudsman finds maladministration, it can order the landlord to carry out repairs, pay compensation, apologise, review its policies, and train staff. The Ombudsman also monitors compliance with its orders. This is often the fastest and most effective route for social housing tenants. See our guide to complaining for the full steps.

2. Contact your local council

Local councils have powers under the Housing Health and Safety Rating System (HHSRS) to inspect rented homes and take enforcement action. If an environmental health officer finds a Category 1 hazard — a serious risk to health or safety — the council must take action.

The council can serve an improvement notice requiring the landlord to carry out specific works within a deadline. If the landlord does not comply, the council can do the work itself and charge the landlord. In serious cases, the council can issue a prohibition order banning the use of all or part of the property until it is safe. This route works for both social and private tenants.

3. Take court action

You can take your landlord to the county court for breach of contract. Under section 11 of the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018, your landlord has statutory obligations that cannot be removed by your tenancy agreement. If they breach them, you can seek:

• Specific performance — a court order forcing the landlord to carry out repairs.
• Damages — compensation for inconvenience, damage to belongings, extra heating costs, and any health effects.
• An injunction — in urgent cases, to stop the landlord from continuing a harmful practice.

Court action can be effective, but it carries legal costs and risks. You should get advice from a solicitor, Citizens Advice, or a housing advice service before starting proceedings. Many tenants use the Housing Ombudsman first and reserve court action for if the Ombudsman's orders are not complied with.

What the Housing Ombudsman data shows about ignored damp

Damp and mould complaints are among the most common issues that reach the Housing Ombudsman, and they frequently result in adverse findings when landlords have failed to act. Our analysis of published decisions quantifies the scale of the problem.

In the Landlord Record index, damp and mould appears in 5,641 published determinations. These cases span responsive repairs and health and safety categories, and they often involve landlords who delayed investigations, offered inadequate repairs, or failed to communicate with residents. — Landlord Record analysis of Housing Ombudsman decisions (OGL v3.0)

Across all complaint types, 2,499 decisions in our dataset include a finding of severe maladministration — the most serious failing the Ombudsman can record. Damp and mould cases are well represented among these when landlords have ignored repeated reports or left residents in unsafe conditions for prolonged periods. — Landlord Record analysis of Housing Ombudsman decisions (OGL v3.0)

The Ombudsman's orders in damp cases go beyond compensation. Landlords are frequently ordered to carry out full property surveys, install proper ventilation or insulation, set clear deadlines for each stage of work, and apologise to the resident. Staff training and policy reviews are also common, designed to prevent the same failing from affecting other tenants.

You can see which social landlords have the most adverse findings for damp and mould in our worst damp and mould rankings. You can also read our guides on landlord responsibility for damp and mould and black mould in a rented home for more detail on causes, liability, and health risks.

Sources

• Landlord and Tenant Act 1985, section 11 — legislation.gov.uk
• Homes (Fitness for Human Habitation) Act 2018 — legislation.gov.uk
• Social Housing (Regulation) Act 2023 — legislation.gov.uk
• Awaab's Law to force landlords to fix dangerous homes — gov.uk
• Housing Ombudsman Service — housing-ombudsman.org.uk

Related guides

• Awaab's Law explained
• Is my landlord responsible for damp and mould?
• Black mould in a rented home
• How to complain to your housing association
• Housing Ombudsman compensation guide