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Who is responsible for damp?

As a tenant of rented accommodation, you have the right to live in a home that is in a good state or repair; this includes both heating and hot water systems.

Damp is a problem that many tenants experience in rented accommodation and there are different types:

Rising damp in rented accommodation

Rising damp occurs when moisture rises from the ground to around on metre in height, through the brickwork of the building.

Often your landlord will be responsible for dealing with rising damp due to a term usually found in the tenancy agreement that states it is their responsibility to keep the exterior and structure of the property in good repair. If the problem is happening due to a problem with the damp-proof course in your home, the landlord is likely to be responsible for repairing it.

However, if there is no existing damp-proof course your landlord may not be required to put one in; this will depend on whether the work is regarded as an improvement or a repair.

Condensation damp in rented accommodation

Condensation occurs when a property cannot deal with normal levels of water vapour due to a lack of ventilation, insulation or heating.

Construction damp in rented accommodation

Constructional damp occurs when dampness is caused by a fault in the design of the property.

If the design does not affect the structure of your home or does not cause any disrepair, the landlord may not be responsible to prevent the dampness.

However, if the design problem causes disrepair (damages walls or ceiling plaster for example) then your landlord is responsible for repairing the problem.

Penetrating damp in rented accommodation

Penetration damp occurs when water seeps into the fabric of the building from the outside.

In most cases, the landlord is responsible for repairing the problem because most tenancy agreements states that the landlord must keep the exterior and structure of your home in good repair as well as installations and their pipework.

Contact Us

A case of damp in rented accommodation is often the responsibility of the landlord, however each case is individual and the facts differ from case to case.

If you have a problem in your home due to damp or have a landlord that is not taking responsibility for repairs, contact one of our team today for help on 01626 248608 or complete our online contact form.


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Housing Disrepair Claims

To start your housing disrepair claim today or to find out more about claiming ... or give us a call for free on 01626 248608 and speak with one of our advisers.

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*No Win No Fee: Our No Win No Fee policy only applies to cases involving council owned properties and those owned by housing associations. No Win No Fee does not apply in cases where the property is owned by a private or commercial landlord.