Damp your landlord won’t put right.

The term “damp” describes unwanted moisture within a property. Although it can appear in different ways, it is often a sign that there is an underlying issue affecting the building. Damp should not simply be ignored or covered with paint — identifying the cause of the problem is usually the first step towards a lasting solution. Some damp problems develop gradually over time, while others appear suddenly following leaks or structural damage.

Penetrating damp

Penetrating damp occurs where water enters the property from outside. This may happen because of damaged roofs, defective guttering, cracked external walls, faulty brickwork or defective windows and doors. It often appears on external walls or ceilings and may become worse during periods of heavy rainfall.

Rising damp

Rising damp occurs when moisture travels upwards through walls from the ground. It is commonly associated with lower ground floor walls and may cause damp patches, peeling wallpaper, damaged plaster and salt deposits on walls. The underlying cause should be investigated before repairs are carried out.

Condensation

Condensation develops when warm, moist air comes into contact with cold surfaces — frequently seen around windows, on external walls, behind furniture, and in kitchens and bathrooms. Although condensation is common, persistent condensation should not automatically be assumed to be the tenant’s responsibility. Poor ventilation, inadequate insulation or defects within the property may contribute to the problem.

What causes damp?

There is no single cause. Common causes include roof leaks, defective guttering, broken downpipes, leaking plumbing, poor ventilation, damaged brickwork, faulty windows, structural defects and insulation issues. Every property is different, and identifying the cause of damp often requires a proper inspection of the building.

Council landlords and housing associations have legal responsibilities to maintain certain parts of the properties they own and manage. In England, those obligations come from section 11 of the Landlord and Tenant Act 1985, and homes must be fit for human habitation under the Homes (Fitness for Human Habitation) Act 2018. Whether a landlord is legally responsible for damp will depend upon the cause of the damp, the landlord’s repairing obligations, whether the landlord has been notified of the problem, and whether the landlord has had a reasonable opportunity to carry out repairs.

Simply experiencing damp does not automatically mean that a legal claim exists. However, where repairs remain outstanding despite the landlord being aware of the issue, tenants may wish to obtain legal advice regarding their rights.

What to do if you discover damp

If you notice damp within your home, it is generally advisable to report the problem to your council or housing association as soon as possible and keep a record of when the report was made. Take photographs over time to help demonstrate how the damp has developed, retain copies of emails, letters, text messages and repair reference numbers, keep a note of contractor appointments and any work carried out, and where possible take reasonable steps to reduce damage to furniture and personal possessions.

Can damp affect your health?

Living in a damp property may have an impact on health and wellbeing for some individuals, particularly where damp leads to mould growth or poor indoor air quality. Some people, including young children, older adults and individuals with certain respiratory conditions, may be more sensitive to damp living conditions. If you believe your health has been affected, you should seek appropriate advice from a healthcare professional.

Damage to your home and belongings

Persistent damp may cause damage to decoration, wallpaper, paintwork, flooring, furniture, clothing, curtains and other personal belongings. Where appropriate, it may be helpful to keep records and photographs showing any damage that has occurred.

Can you claim compensation?

In some circumstances, tenants may be entitled to seek compensation where a landlord has failed to comply with its legal repairing obligations. Whether compensation may be available will depend upon factors such as the nature of the disrepair, how long the problem continued, whether the landlord was aware of the issue, the impact on the tenant, and any damage or losses suffered. Each claim is assessed on its own facts, and legal advice should be obtained before making assumptions about the outcome of any case.

We specialise in housing disrepair claims involving council tenants and housing association tenants. We begin by understanding your circumstances, reviewing the history of the repair issues and considering whether legal action may be appropriate. Where suitable, we assist tenants in pursuing claims aimed at ensuring repairs are completed and, where the law permits, seeking compensation for losses arising from the disrepair. Our approach is straightforward, practical and focused on helping tenants understand their legal rights.

Why choose Jefferson Clarke?

• Specialist advice for council and housing association tenants
• Clear explanations of your legal rights
• Practical legal guidance
• Professional communication throughout your claim
• A supportive and approachable service

Damp and mould often go hand in hand — you may also want to read about mould or return to our Housing Disrepair overview.