Can they do that? Brighton & Hove
All questions

Can my landlord ignore damp, mould or repairs?

Short answer

No

Your landlord must repair the structure and outside of your home, the heating and hot water, and the pipes, wiring and toilets, and keep your home fit to live in, including free from serious damp. Report problems in writing. If they don't act, the council can inspect and make them.

By law, your landlord has to keep these in repair:

  • the structure and outside of the building, including drains, gutters and outside pipes1
  • the pipes and wiring for water, gas and electricity, and sinks, baths and toilets2
  • the heating and hot water3

If you live in a flat, this can include parts of the building outside your flat, like the roof or the main walls, where your landlord owns them.4

This applies to tenancies granted for less than seven years,5 and private landlords are bound by it.6

Your home must also be fit for human habitation, when you move in and for as long as you live there.7 The law looks at things like repair, freedom from damp, ventilation and natural light. A home is unfit if it’s so bad in one of these ways that it isn’t reasonably suitable to live in.8

Your tenancy agreement can’t take these duties away. A clause that tries to limit them, or to punish you for relying on them, is void.9 So is a clause making you repair the structure or the outside, for example to repaint or re-render the walls, or to pay money instead.10 The same goes for fitness for human habitation.11

What you’re responsible for

  • Looking after the home. Your landlord doesn’t have to fix things that are down to you not using the home in a “tenant-like manner”,12 and isn’t liable for unfitness that’s mainly caused by you breaking your tenancy agreement.13 The government’s guidance says to take good care of the property, for example by turning off the water at the mains if you’re away in cold weather.14
  • Damage you cause, or that your family or friends cause. You have to repair it or pay for it.15

You can’t be forced to do repairs that are your landlord’s responsibility.16

Normal life, like cooking, showering and drying washing, makes moisture. Government guidance says it is “totally unreasonable” to blame damp and mould on “lifestyle choices”.17 If you’re being blamed for mould, see can they charge me for mould or damage to the outside walls?

How to get repairs done

  1. Report it in writing, by email if you can, as soon as you notice it. Landlords have to carry out repairs within a reasonable time once they’ve been told about the problem.18 Use the repair letter. Report straight away anything that could damage your health, like faulty wiring.19
  2. Take dated photos and keep copies of everything you send and receive.20
  3. Give them a reasonable time. The law doesn’t set a deadline for private landlords yet. What’s reasonable depends on the problem.21 Your landlord should tell you when to expect the repair.22
  4. If nothing happens, chase it up, using the follow-up letter, then contact the council. Brighton & Hove City Council’s Private Sector Housing team can help private tenants whose landlord isn’t fixing their home.23 Ask the council for help with disrepair24 or call 01273 293 156 (9am to 3pm).25

Your landlord can come in to check the condition of your home or do repairs, but they must give you at least 24 hours’ notice in writing and come at a reasonable time of day.26

What the council can do

  • The council can inspect your home and assess any hazards.27 If it finds a category 1 (the most serious) hazard, it must take action. That can mean an improvement notice ordering the landlord to fix it, or a prohibition order.28 An improvement notice sets out the work the landlord has to do.29
  • New since 22 June 2026: when the council takes action on a category 1 hazard that the landlord could reasonably have dealt with, it can also fine them up to £7,000.30
  • Ignoring an improvement notice is a criminal offence.31 The council can fine the landlord up to £40,000 instead of prosecuting.32 You may also be able to claim back rent through a rent repayment order.33

The council can’t help you get compensation. For that, get legal advice.34 You can take your landlord to court yourself if your home isn’t fit to live in. The court can order repairs and compensation.35 Free advice is available locally.

Keep paying your rent

The government says to keep paying rent while you wait for repairs, even if you’re in dispute with your landlord.36 If you hold back rent, you could face a claim for arrears,37 and arrears can be a reason for eviction. See common reasons and notice periods. Get advice about your options first.

Awaab’s Law and private renting

Awaab’s Law makes landlords investigate and fix damp, mould and other serious hazards within fixed time limits. It’s named after Awaab Ishak, a two-year-old who died in 2020 after long exposure to mould in his family’s home.38

  • It currently covers only homes let on social housing tenancies.39 Social landlords have had to follow it since October 2025.40
  • The Renters’ Rights Act 2025 will extend it to private tenancies,41 but that part of the Act isn’t in force yet.42 The government also has to make regulations setting the time limits.43
  • The government opened a consultation on 9 October 2026, closing on 18 December 2026.44 It says the earliest start date for private renting would be 2027.45
  • The Act also lets the government set a Decent Homes Standard for private rented homes.46 The government plans to apply it from 2035.47

Until Awaab’s Law covers private renting, use the routes above. The council’s powers and your landlord’s repair duties already cover serious damp and mould.48

Worried about being evicted for complaining?

Since section 21 “no-fault” evictions were abolished on 1 May 2026, the government says private tenants no longer face the threat of retaliatory eviction when they challenge poor conditions.49 Your landlord now needs a legal reason to evict you. See can my landlord evict me without a reason?

References

  1. Landlord and Tenant Act 1985, s. 11(1)(a). to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes) ↩

  2. Landlord and Tenant Act 1985, s. 11(1)(b). to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences ↩

  3. Landlord and Tenant Act 1985, s. 11(1)(c). to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water. ↩

  4. Landlord and Tenant Act 1985, s. 11(1A)–(1B). the reference in paragraph (a) of that subsection to the dwelling-house included a reference to any part of the building in which the lessor has an estate or interest. This applies where the disrepair is such as to affect the lessee’s enjoyment of the dwelling-house or of any common parts. ↩

  5. Landlord and Tenant Act 1985, s. 13(1). Section 11 (repairing obligations) applies to a lease of a dwelling-house granted on or after 24th October 1961 for a term of less than seven years. ↩

  6. Extending Awaab’s Law to private rented tenancies and to licences. Ministry of Housing, Communities and Local Government, consultation published 9 October 2026. Private rented sector landlords are also responsible for most repairs in their tenants’ homes. Section 11 of the Landlord and Tenant Act 1985 places an obligation on landlords ↩

  7. Landlord and Tenant Act 1985, s. 9A(1). there is implied a covenant by the lessor that the dwelling— (a)is fit for human habitation at the time the lease is granted … (b)will remain fit for human habitation during the term of the lease. ↩

  8. Landlord and Tenant Act 1985, s. 10. The matters include repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation; a home is unfit if it is so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition. ↩

  9. Landlord and Tenant Act 1985, s. 12(1). is void in so far as it purports— (a)to exclude or limit the obligations of the lessor or the immunities of the lessee under that section, or (b)to authorise any forfeiture or impose on the lessee any penalty, disability or obligation in the event of his enforcing or relying upon those obligations or immunities, unless the inclusion of the provision was authorised by the county court. ↩

  10. Landlord and Tenant Act 1985, s. 11(4)–(5). A covenant by the lessee for the repair of the premises is of no effect so far as it relates to the matters mentioned in subsection (1)(a) to (c), including a covenant (b)to paint, point or render, (c)to pay money in lieu of repairs by the lessee. ↩

  11. Landlord and Tenant Act 1985, s. 9A(4). Any provision of a lease or of any agreement relating to a lease (whether made before or after the grant or creation of the lease) is void to the extent that it purports— (a)to exclude or limit the obligations of the lessor under the implied covenant ↩

  12. Landlord and Tenant Act 1985, s. 11(2)(a). The landlord’s duty doesn’t require them to carry out works or repairs for which the lessee is liable by virtue of his duty to use the premises in a tenant-like manner. The same exception is in s. 9A(2)(a): the duty of the lessee to use the premises in a tenant-like manner. ↩

  13. Landlord and Tenant Act 1985, s. 9A(3). if the unfitness is wholly or mainly attributable to— (a)the lessee’s own breach of covenant ↩

  14. Private renting: your rights and responsibilities. GOV.UK. take good care of the property, for example turn off the water at the mains if you’re away in cold weather ↩

  15. Private renting: your rights and responsibilities. GOV.UK. repair or pay for any damage caused by you, your family or friends ↩

  16. Private renting: repairs. GOV.UK. You cannot be forced to do repairs that are your landlord’s responsibility. ↩

  17. Understanding and addressing the health risks of damp and mould in the home. Ministry of Housing, Communities and Local Government, Department of Health and Social Care and UK Health Security Agency, updated 1 April 2026. We are absolutely clear that it is totally unreasonable to blame damp and mould in the home on ‘lifestyle choices’. It is unavoidable that everyday tasks, such as cooking, bathing, washing and drying laundry will contribute to the production of indoor moisture. ↩

  18. Extending Awaab’s Law to private rented tenancies and to licences, section 3. Landlords are required to carry out repairs within a reasonable period of time once they have been notified of the problem. ↩

  19. Private renting: repairs. GOV.UK. Contact your landlord if you think your property needs repairs or has mould. Do this straight away for faults that could damage health, for example faulty electrical wiring. ↩

  20. Understanding damp, mould and condensation. mydeposits. Include dates, photos, and a clear description of the issue Keep copies of all correspondence. ↩

  21. Extending Awaab’s Law to private rented tenancies and to licences, section 3. Existing legislation does not, however, set any specific timescales within which a private rented sector landlord has to take action when they become aware of hazards in a home they are renting out. What timescale is reasonable will depend on the facts of the individual case. ↩

  22. Private renting: repairs. GOV.UK. Your landlord should tell you when you can expect the repairs to be done. ↩

  23. Help for private tenants if your home is in disrepair. Brighton & Hove City Council. As a private tenant you can request help from the council if your property is in disrepair because: your landlord is not fixing it ↩

  24. The council’s online form, linked from its page Help for private tenants if your home is in disrepair as “Contact us about disrepair to your home”. Contact us about disrepair to your home ↩

  25. Private Sector Housing. Brighton & Hove City Council. 01273 293 156; Our phone lines are open from 9am to 3pm. ↩

  26. Landlord and Tenant Act 1985, s. 11(6). may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair. ↩

  27. Private renting: repairs. GOV.UK. They’ll do a Housing Health and Safety Rating System (HHSRS) assessment and must take action if they think your home has serious health and safety hazards. ↩

  28. Housing Act 2004, s. 5(1)–(2). If a local housing authority consider that a category 1 hazard exists on any residential premises, they must take the appropriate enforcement action in relation to the hazard. ↩

  29. Housing Act 2004, s. 11(2). An improvement notice under this section is a notice requiring the person on whom it is served to take such remedial action in respect of the hazard concerned as is specified in the notice ↩

  30. Housing Act 2004, s. 6A(1)–(2) and (6), in force for category 1 hazards from 22 June 2026 by the Renters’ Rights Act 2025 (Commencement No. 3) Regulations 2026, reg. 2. in the opinion of the local housing authority it would have been reasonably practicable for the responsible person to secure the removal of the hazard … When first taking that action, the local housing authority may also impose on the responsible person a financial penalty under this section in relation to the hazard or failure. … must not be more than £7,000. come into force on 22nd June 2026 … paragraph 6, for the purposes of financial penalties relating to category 1 hazards only ↩

  31. Housing Act 2004, s. 30(1). Where an improvement notice has become operative, the person on whom the notice was served commits an offence if he fails to comply with it. ↩

  32. Housing Act 2004, s. 249A(1), (2)(a) and (4). The maximum was raised to £40,000 on 1 May 2026. The local housing authority may impose a financial penalty on a person if satisfied, beyond reasonable doubt, that the person’s conduct amounts to a relevant housing offence … section 30 (failure to comply with improvement notice) … must not be more than … £40,000 Sum in s. 249A(4) substituted (1.5.2026) ↩

  33. Rent Repayment Orders: guidance for tenants. Ministry of Housing, Communities and Local Government, 2026. 3. Failure to comply with an Improvement Notice ↩

  34. Help for private tenants if your home is in disrepair. Brighton & Hove City Council. We cannot help you seek compensation for any disrepair to your privately rented property. If you want compensation for any disrepair you should seek your own legal advice ↩

  35. Health and safety advice for private tenants. Brighton & Hove City Council. If rented houses and flats are not ‘fit for human habitation’, tenants can take their landlords to court without relying on the local authority to do so. The court can make the landlord carry out repairs or fix health and safety problems. The court can also make the landlord pay compensation to the tenant. ↩

  36. Private renting: repairs and Private renting: your rights and responsibilities. GOV.UK. You should carry on paying rent while you’re waiting. pay the agreed rent, even if repairs are needed or you’re in dispute with your landlord ↩

  37. #AskTDS: “Mould during a tenancy, who is responsible?”. Tenancy Deposit Scheme. For tenants experiencing a problem with mould in their home, unilaterally withholding rent is not recommended. In cases where tenants have withheld rent, they should be aware that this leaves them open to rent arrears claims as well. ↩

  38. Extending Awaab’s Law to private rented tenancies and to licences, section 2. Awaab’s Law is named in memory of 2-year old Awaab Ishak, who tragically died in 2020. In 2022, an inquest concluded that Awaab died as a result of a severe respiratory condition, caused by prolonged exposure to mould in his family’s socially rented home. ↩

  39. Landlord and Tenant Act 1985, s. 10A(1), as in force on 10 October 2026. Remedying of hazards occurring in dwellings let on relevant social housing leases … (b)the lease is a relevant social housing lease ↩

  40. Extending Awaab’s Law to private rented tenancies and to licences, section 3. Awaab’s Law requirements were introduced for social housing tenancies in October 2025. ↩

  41. Renters’ Rights Act 2025, s. 60(2)(b), which will make s. 10A apply to a lease of a dwelling-house in England if either of the following applies— (a)the lease is a lease for a term of less than 7 years. ↩

  42. Renters’ Rights Act 2025, s. 60, commencement note. S. 60 not in force at Royal Assent, see s. 145(1)(7); This version of this provision is prospective. ↩

  43. Extending Awaab’s Law to private rented tenancies and to licences, section 2. In order for Awaab’s Law to come into effect for private rented tenancies, regulations will need to be made setting the detail of the requirements that must be met by private landlords, such as the exact timescale within which they must carry out repairs and make hazards safe. ↩

  44. Extending Awaab’s Law to private rented tenancies and to licences, Duration. This consultation will last from 9 October 2026 to 11.59pm on 18 December 2026. ↩

  45. Extending Awaab’s Law to private rented tenancies and to licences, section 4. Given the time requirement to make regulations following this consultation, the earliest feasible implementation date would be 2027. ↩

  46. Renters’ Rights Act 2025, s. 100, which inserts a new section 2A into the Housing Act 2004. Power to set standards for qualifying residential premises. So far it is in force only for limited purposes: S. 100(1)(5) in force at 22.6.2026 for specified purposes. ↩

  47. Extending Awaab’s Law to private rented tenancies and to licences, section 3. The government response to that consultation was issued in January 2026 setting out our plans to apply this new standard to the private and social rented sectors from 2035. ↩

  48. Extending Awaab’s Law to private rented tenancies and to licences, section 3. We do not expect that Awaab’s Law will place new duties on landlords to carry out repairs that they are not already required to make under their current legal obligations. See also Health and safety advice for private tenants, Brighton & Hove City Council: Landlords must ensure that the accommodation they provide is free from serious hazards, including damp and mould, and that homes are fit for habitation. ↩

  49. Extending Awaab’s Law to private rented tenancies and to licences, section 2. The first phase, which came into force on 1 May 2026, included abolishing section 21 ‘no fault’ evictions. This will give private rented sector tenants greater confidence in challenging poor housing conditions by removing the threat of retaliatory evictions. ↩