Damp and condensation: diagnosis before blame
Damp arguments run on a single confusion: treating all damp as one thing. There are three kinds, with different causes and different responsibilities.
The three kinds
- Rising damp: ground moisture climbing walls where a damp-proof course fails. Structural, and squarely the landlord's repair duty.
- Penetrating damp: water entering through defects: roofs, gutters, seals, cracked render. Also the landlord's.
- Condensation: moisture from living, cooking, washing and drying, condensing on cold surfaces and feeding mould. The contested one.
Condensation honestly allocated
Tenants control moisture production and ventilation habits; landlords control whether the building can cope: extractor fans that work, trickle vents, adequate heating provision, insulation of cold spots. The law's direction is clear: fitness for habitation is the landlord's duty, and blaming lifestyle where the building lacks basic ventilation does not survive scrutiny. Fix the fabric, then talk about drying washing.
The response clock
Reports of damp and mould now sit under the Awaab's Law regime: investigate within fixed timescales, written findings, prompt works, 24 hours for emergencies. The practical sequence: acknowledge in writing, inspect quickly, diagnose which of the three kinds you face, remediate the cause not just the symptom, and document everything. Mould wash without fixing the cold bridge is a photograph of the same wall next winter.
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Start my agreement →Frequently asked questions
Is condensation the tenant's fault?
Only partly, and only where the building gives them a fair chance: working extraction, ventilation and adequate heating. Fitness for habitation makes persistent mould the landlord's problem to solve.
How quickly must a landlord respond to mould?
Under the Awaab's Law regime, within fixed statutory timescales: prompt investigation, written findings and swift works, with 24 hours where health is at imminent risk.