My Landlord Still Won’t Fix the Damp After I Complained

Get your bearings: what kind of damp is it and what should you do this week?

You are in a much stronger position when you can explain exactly what is happening, where it is, and how it changes over time. That carries far more weight than just saying “there’s damp”. In the first week your aim is simple: keep everyone as safe as you reasonably can, cut avoidable moisture where possible, and start a clear written and photo record that any housing officer, surveyor or judge can understand in seconds.

Calm, factual evidence usually does more for you than the angriest message you could send.

Spot the pattern, not just the stain

You do not have to turn yourself into a surveyor, but you do need to pay attention. The goal is not to guess the exact cause; it is to notice patterns and describe them so clearly that nobody can pretend the problem is vague.

Focus on:

• Where the damp is.
• When it gets worse.
• What it looks and smells like.

If patches spread after rain, sit low on ground floor walls, or show as black mould in cold corners, write that down in plain language. Those patterns later help someone decide whether they are looking at leaks, rising moisture or surface condensation.

• If patches get worse after rain or you see brown staining, flaking paint or wet plaster on an outside wall, near a chimney, under a flat roof, by gutters or around window frames, that often points towards penetrating damp or a leak in the building fabric or pipework.
• If the worst areas are at the base of ground floor walls and you can see tide marks, salts, crumbling skirting or damaged floor finishes, that can be consistent with rising damp or a bridged damp‑proof course.
• If black or dark mould appears in cold corners, behind furniture, around single‑glazed windows or on north‑facing walls, especially in bedrooms and bathrooms, that usually signals surface condensation, often made worse by cold surfaces and poor ventilation.

Write down where you see issues, how big the patches are, which room they are in and roughly when you first noticed them. If it gets noticeably worse after heavy rain, long showers or particular weather, note that as well. You are not trying to “win an argument” about the cause yet; you are building a simple description that is hard to ignore, and that you can reuse in emails and when someone comes to inspect.

Take basic safety steps while you gather evidence

If the mould is heavy, especially in a child’s bedroom or a room where anyone with asthma or other breathing problems sleeps, you should treat it as serious without panicking or trying to solve everything in one day.

Reasonable short‑term steps usually include:

• Keeping children and anyone with breathing problems out of the worst affected room if you can.
• Avoiding dry‑brushing or scraping mould, which throws spores into the air.
• Using gentle cleaning methods on small patches you can safely reach, following health guidance, and never mixing cleaning products.
• Ventilating rooms when weather allows, by opening windows away from driving rain and using any working extract fans, while still keeping the home reasonably warm.

If you cannot safely use a room at all because of damp or mould, record that clearly. It matters both for health impact and for any later argument that you effectively lost the use of part of your home.

Start a simple “case file”

From day one, treat this like a small project and keep everything in one place. You do not need specialist software; a notebook and a folder on your phone or computer are enough if you actually use them.

• A one‑page timeline: when the problem started, when you first reported it, what replies or visits you had, and any missed appointments.
• A damp/mould diary: dates, rooms, what you saw or smelt, any cleaning you did, and any changes you had to make (for example, moving a child to another room).
• Dated photos on your phone: wide shots to show where in the room the issue is, then closer shots to show detail. Try to include something for scale, such as a ruler or plug socket.

Later, if you speak to Environmental Health, an ombudsman, a solicitor or an advice charity, this simple pack will do more for you than pages of angry emails. If you later ask a local specialist such as Sussex Damp Experts to assess the property, having this material ready also makes it faster and easier for them to give you clear, focused advice instead of guessing from a single snapshot.

How to report damp so your landlord can’t say they “didn’t realise it was serious”

A strong first report makes it very hard for your landlord to pretend the problem sounded minor or unclear. In one clear message you want to say exactly where the damp is, what it looks and smells like, how bad it is, how long it has been there, and how it affects how you use the home. That way you give a fair chance to organise repairs, create proof that you gave proper notice, and set yourself up for any later complaints or legal steps.

Turn “there’s damp” into a clear defect report

A good repair request usually covers five points in one short, factual paragraph so nobody can honestly claim they were confused. You set out exactly where the problem is, what you can see or smell, how large and severe it is, how long it has been going on and what impact it is having on day‑to‑day living. That structure gives the landlord enough detail to instruct a contractor properly and later shows any housing officer or judge that you explained the situation clearly.

1. Where – the exact room and wall or area (for example, “rear bedroom, external wall by window”).
2. What – the symptom (“black mould”, “flaking paint”, “wet patch”, “musty smell”).
3. How big and how bad – rough size and whether it is spreading.
4. Since when – when you first noticed it and whether it is getting worse.
5. Impact – for example, “we no longer sleep in this room” or “clothes and furniture are affected”.

Pull those five points together into one clear paragraph and then add one or two sentences about any pattern you have noticed, such as it worsening after rain or appearing in cold corners. Finish by politely asking for an inspection and a repair plan, with a reasonable expectation of when you will hear back.

One tenant, for example, first sent a short email saying “the walls are damp” and heard nothing for weeks. When they followed up using this five‑point structure, with a few clear photos, the agent booked an inspection quickly because the issue was now specific, serious and hard to brush aside.

Keep the wording calm and testable

Landlords and agents often reach for “lifestyle condensation” as a quick answer. You are more likely to be taken seriously if your messages sound measured and testable instead of heated and vague.

You can:

• Briefly say what you already do to ventilate and heat within your means, without promising to keep windows open in unsafe ways or to over‑heat the home.
• Ask them to inspect both the building fabric and the ventilation and heating provision, rather than accepting an automatic claim that it is all down to how you live.
• Avoid loaded phrases; instead of “this is making us ill”, you can say “we are experiencing coughing/wheezing/headaches which our GP knows about, and the worst mould is in the bedroom”.

Your aim is to come across as reasonable and focused on getting the problem fixed. That carries more weight later if an ombudsman, council officer or judge looks back at the correspondence, and it supports you if you need to show that you acted fairly before moving into formal complaints or legal routes.

Offer access clearly from the start

At the beginning, it helps to be very clear about when and how someone can visit, so there is no excuse for delay based on access.

In the same message, you can:

• Offer at least two or three specific dates and time windows when someone can attend.
• Confirm that you are happy for them to take photos and that they can send contractors as well as attending themselves.
• If you are comfortable, confirm whether the agent holds keys and can enter with notice if you are at work.

Keep a copy of what you sent and any replies. If visits are booked and then missed, add those dates to your timeline. You want the written record to show that you are cooperating, not blocking access, so any further delay sits squarely with the landlord or agent.

Your core legal rights on damp and mould in England and Wales

You are not asking for a favour when you push for damp and mould to be dealt with; you are asking for legal duties to be met. In most tenancies of less than seven years in England and Wales, your landlord must keep the structure and key installations in repair and ensure the home is genuinely fit for you to live in, not just technically habitable on paper. The law in this area does change over time, so it is sensible to check the current position with a housing adviser or trusted guidance service when you are making big decisions. Having a grip on the basics helps you spot when a problem has moved from “annoying” into “legally unacceptable”.

Repairing duties: the structure, exterior and installations

For most tenancies of less than seven years, landlords have a long‑standing duty to keep the structure and exterior of the home in repair and to keep installations for water, gas, electricity, sanitation, space heating and hot water in proper working order. Put simply, if part of the building or a fixed system has failed and is causing damp or mould, it is usually their job to put it right once they know about it.

Damp and mould themselves are symptoms. The legal question is usually what is driving them. If, for example, the cause is a leaking roof, failed guttering, defective pointing, failed sealant around windows, a leaking pipe in the wall, or a broken extract fan the landlord is responsible for, that will often fall within the repairing duty once you have given notice. If the home was already in a poor state at the start of the tenancy, the duty can still apply. “Keeping in repair” includes remedying existing disrepair once the landlord becomes aware of it, not just stopping things getting worse.

Fitness for human habitation: when a home crosses the line

Alongside repairing duties sits an implied term in most modern tenancies that the property is fit for human habitation at the start and kept fit throughout. Fitness looks at whether the dwelling is so defective in one or more respects that it is not reasonably suitable for occupation, taking account of issues such as damp and mould growth, excess cold, ventilation and risk to health.

Under that framework, you can in principle bring a claim directly against your landlord if the home is unfit, asking the court for an order to carry out works and, where appropriate, compensation for the period you have lived with those conditions. You still need good evidence, and you must follow the required pre‑action steps first. A “pre‑action protocol” is simply a civil procedure requirement that sets out the formal letters and information both sides are expected to exchange before a court case is started.

How councils look at damp and mould

Local authorities do not just decide whether somewhere is “damp” in a loose sense. They use a hazard‑based system to score conditions like damp and mould, looking at how likely harm is over time and how serious that harm could be.

If they find a serious hazard, they usually have a duty to take some form of action, which might be an improvement notice requiring works by a certain date or, in extreme cases, emergency measures. For less serious hazards, they may still act but have more discretion about what they do.

This matters because:

• A council inspection can confirm that there is a hazard and put formal pressure on the landlord.
• Certain types of formal notice can also help protect you from some kinds of retaliatory “no‑fault” eviction while the notice is in force.

Differences between private and social renting

The basic ideas of repair and fitness apply across most renting, but the routes you use to enforce them can differ.

• In private renting you usually rely on your own evidence, the possibility of a disrepair or fitness claim, and council enforcement for hazards.
• In social housing you also have a landlord complaints process and an ombudsman who can look at how complaints and damp have been handled and may recommend both works and compensation.

Whichever sector you are in, the combination of a clear paper trail, solid evidence and fair‑minded wording gives you more options. Back that up with current guidance from housing advice organisations and you are no longer just “chasing repairs”; you are asserting legal rights with a credible case to support you.

How to show it isn’t just “lifestyle condensation”

You will often hear that the damp is due to how you live. Sometimes excess moisture production and poor day‑to‑day ventilation genuinely do play a part. In many cases, though, there are also building issues. Your job is not to out‑argue the landlord on technical language; it is to present a fair picture that clearly shows patterns more consistent with defects than with ordinary use. That same fair picture also feeds directly into any council inspection or independent damp survey you later arrange.

Use photos that tell a story over time

Good photos do more than prove mould exists; they show where it is, how severe it is and whether it keeps coming back. Aim for clear, well‑lit pictures that show the whole wall, the affected area, and a close‑up with something for scale. If you repeat the same views over several weeks or months, any spread, staining or return of mould becomes much harder to dismiss as a one‑off or just cleaning issues.

Aim for:

• A wide shot that shows where the issue is in the room.
• A mid‑shot that shows the affected area in more detail.
• A close‑up with a ruler, coin or other object to show scale.

Repeat the same views over time and keep them dated. If mould returns to the same place after cleaning, or patches grow even in areas you keep clear and ventilated, that starts to look less like “lifestyle” alone and more like something a council inspector or independent surveyor should take seriously.

Record temperature and humidity sensibly

Cheap hygrometers and simple thermometers can be useful if you treat them as context, not as courtroom science. You are not trying to turn your living room into a lab; you are building a pattern that makes sense to a professional.

You can:

• Take readings at regular times in affected rooms and note outdoor weather.
• Notice whether humidity seems high even when you are not cooking, washing or drying indoors.
• Pay attention to whether wall or window glass surfaces feel cold or wet compared with the air.

If you are comfortable with it, you can also note when indoor conditions are near the point where condensation is expected on cold surfaces. Even without calculations, a pattern of persistent high humidity in a cold room, despite reasonable steps, supports your case that design or heating and ventilation provision may be part of the problem, not just your day‑to‑day routine.

Keep a fair‑minded mould and impact diary

A simple diary can help show both what you are dealing with and the steps you take to manage it.

Include entries such as:

• Where mould appears or returns and roughly how much.
• Any cleaning you do and what you used.
• Which rooms people are sleeping in and any changes you needed to make.
• Any symptoms like coughing, wheezing, headaches or skin irritation, especially if they ease when you are away from the property.

You are not trying to prove medical causation; you are demonstrating impact and showing that you are not ignoring the problem. That kind of record is often relied on by councils, ombudsmen and advisers to judge how serious the situation really is.

Consider an independent damp survey

An independent survey can be powerful if you choose it well and use it properly.

It helps if:

• The surveyor has appropriate qualifications and experience with damp and timber or building pathology.
• They use a range of methods, not just a basic hand‑held metre, and explain the limits of their testing.
• Their report is written in clear language, sets out what they observed, what they tested, what they think is most likely going on and what works are reasonably required.

In Sussex, an independent local specialist such as Sussex Damp Experts can provide a report that explains the likely causes in plain language and is in a format landlords, councils and advisers are used to working with. If you are thinking about legal action, it is often worth speaking to an advice service or solicitor before commissioning a report, so you commission something that will actually be useful. The findings from a well‑prepared report then sit alongside your own diary, photos and any council inspection notes to create a joined‑up picture that is difficult to dismiss.

If, even after you have gathered fair‑minded evidence like this, your landlord still does not deal with the problem, that is usually the point to move into a more formal escalation route.

Step‑by‑step escalation when your landlord still doesn’t fix it

When you have reported the problem clearly, allowed access and serious damp or mould is still not being fixed, you move from asking nicely into using formal routes. Escalation usually starts with a firm follow‑up that sets a clear deadline, then a written complaint, then asking the council to inspect, and, if needed, looking at legal options. Taking those steps in order shows you have been patient and reasonable and puts you in a stronger position when you need outside help.

Stage 1: Send a firm, time‑boxed follow‑up

Your first follow‑up should be short, firm and specific, and it should set a clear deadline so you can move into formal routes if nothing happens. Recap what you reported, when you reported it and how it has changed, attach a few dated photos, and say by when you expect an inspection or plan. That “time‑boxed” request shows you are serious but still giving a fair chance to act.

If an initial repair request has been ignored or brushed off, a second message can:

• Recap briefly what you reported and when.
• Attach a small selection of dated photos and mention any change in severity or impact.
• Give a clear time frame for them to inspect or provide a plan, adjusted for how urgent the situation is.

You can repeat your access offer and make it clear that you will need to explore other routes, such as complaints or speaking to the council, if there is still no progress. The aim is to close off the excuse of “we did not realise it was serious” without sounding unreasonable.

Stage 2: Use any formal complaints process

If your landlord is a housing association or a council, or you are dealing with a letting or managing agent, there will usually be a formal complaints procedure. Even many private landlords commit to some written complaints process.

When you complain formally, it helps to:

• Keep the complaint structured: what the issues are, what you have already reported, what has happened, and what you are asking them to do.
• Attach or list your key evidence rather than forwarding huge email threads.
• Keep your tone factual rather than aggressive, which tends to carry more weight later if an ombudsman becomes involved.

You are not just letting off steam; you are building a record that shows you gave them repeated, fair chances to sort the problem out.

Stage 3: Ask the council to look at hazards

If you are in the private rented sector and the landlord is not resolving serious damp and mould, you can ask your local council’s housing or environmental health team to inspect.

A strong request will:

• Explain that you have already reported the problem and complained, with dates.
• Describe where and how large the affected areas are, which rooms are affected, and who sleeps there.
• Mention any particular vulnerabilities, such as young children or respiratory conditions.

Council resources and response times do vary, but a clear, hazard‑focused request and a tidy evidence pack make it easier for them to prioritise your case. The same material also supports any later legal or ombudsman route, because it shows you kept pushing through all the appropriate channels.

Stage 4: Consider legal routes

If, after all of that, conditions remain poor, you may want legal advice on:

• Forcing repairs through a court order.
• Bringing a claim for breach of repairing or fitness duties.
• Seeking compensation for the period you have lived with the issues.

Before any court claim, there is a pre‑action protocol that sets out what information and steps should be taken first. A specialist housing adviser, law centre or solicitor can explain how that works. Your earlier work on evidence and correspondence will reduce the time and cost of assessing your options and can make the difference between “you might have a case” and “we can act on this now”.

A typical pattern might be a family who sends a clear report, then a firm follow‑up when nothing happens, then a complaint. When months pass with no progress, they ask the council to inspect, and the resulting notice finally pushes the landlord to carry out proper works. Because they followed a clear sequence and kept their records straight, they are in a far better position to seek redress.

Rent, repairs and compensation – what’s allowed, what’s risky

When you are living with damp and mould, it is natural to ask whether you can stop paying full rent, do repairs yourself or claim money back, but these areas carry real legal risk. The aim is to keep your legal risk low while giving yourself the best chance of fair compensation later. Simply withholding rent or organising major works on your own can feel satisfying in the moment but can backfire badly.

Why simply withholding rent is usually a bad idea

Stopping rent payments in protest feels like the obvious pressure tactic, but it can seriously weaken your position. There is no general right to stop paying rent because repairs have not been done, and arrears can be used as grounds to evict you even where there are damp and mould problems. A safer approach is to keep rent up to date while you escalate through complaints, council involvement and, if needed, legal advice, and only talk about rent reductions or refunds within those structured processes.

Rather than withholding, it is usually safer to:

• Keep paying rent while escalating through complaints, council routes and legal advice.
• Ask about “rent abatement” or reduced rent as part of a negotiated settlement, rather than deciding the reduction yourself.
• Make clear in writing that you are paying under protest if you are considering a future claim.

This does not mean you accept the situation; it means you avoid handing your landlord a simple route to eviction while you build a stronger case.

“Repair and deduct” – narrow and technical

In some situations it may be possible to arrange certain repairs yourself and deduct the reasonable cost from future rent. Guidance tends to treat this as a last resort, and there is a recognised sequence to follow if you want to reduce the risk, including clear notice, obtaining multiple quotes and warning the landlord you intend to proceed if they do not act.

Even when done carefully, there is still a risk that the landlord disputes the cost, the quality of work or whether the repair was really their responsibility. It is strongly advisable to get individual advice before taking this step, especially if the sums involved are significant or the work is complex.

When compensation is realistically available

Compensation for damp and mould is usually linked to a pattern, not just a bad few weeks. Typical ingredients include:

• The landlord having a legal responsibility for the cause.
• Them having notice and a reasonable chance to put things right.
• Unreasonable delay or failure to remedy.
• You suffering some kind of loss, such as inconvenience, reduced enjoyment of your home, damaged belongings, extra costs or, in some cases, injury.

Routes to redress can include:

• Complaints and ombudsman decisions in social housing, which sometimes recommend both works and payments.
• Court claims under repairing and fitness duties, following the proper pre‑action steps.
• In some circumstances, rent repayment orders when other offences have been committed, usually with council involvement. A rent repayment order is normally a tribunal decision that requires a landlord to refund some rent where specific housing laws have been broken.

For example, a tenant who almost stopped paying rent on their own instead took advice, kept paying, followed the complaints process and involved the council. Months later, with a strong evidence trail, they were able to agree repairs and a compensation payment through formal channels, rather than arguing about arrears and risking eviction.

The strength of your evidence and the reasonableness of your conduct do a lot of the heavy lifting here. You cannot control every outcome, but you can control how solid your side of the story looks.

Protecting your tenancy while you push for action

You want the damp and mould fixed, but you also need to protect your tenancy while you push for change. That means keeping rent and access on your side, understanding when the law protects you from retaliatory action, and avoiding steps that could unintentionally give your landlord an easier route to end the tenancy. Thinking about these points early lets you press firmly on repairs without needlessly increasing your eviction risk.

Keep rent and access on your side

Landlords pay close attention to rent history and access when they decide whether to take action. To reduce that risk, you want the record to show that rent has continued to be paid and that you have cooperated with reasonable attempts to inspect and carry out works. That does not stop you complaining or escalating, but it makes it much harder to portray you as the problem.

To keep things in your favour:

• Keep paying rent unless you have had specific, tailored advice that tells you otherwise.
• Offer reasonable access for inspections and repairs and keep a record over time of what you offered and what happened.
• If you need to decline a particular appointment, suggest alternatives and explain why, so you do not appear obstructive.

This does not mean accepting endless “no‑shows” or poor behaviour, but it does mean you should be able to show anyone reviewing the case that you have behaved reasonably while still insisting that the damp is dealt with.

Understand retaliatory eviction protections and limits

In England, certain formal enforcement actions by a council can make some no‑fault eviction notices invalid for a period. That protection is not absolute and does not apply to every tenancy type or every situation, but it is one reason why going to the council can matter.

Private renting law is also changing, with plans to remove traditional no‑fault notices and move to new periodic arrangements. During the transition period, it is worth checking the current position in your area and for your tenancy type with an up‑to‑date advice source.

Even where protections apply, it is wise to:

• Keep your complaints factual and linked to evidence.
• Avoid aggressive language that could be used to paint you as unreasonable.
• Seek advice promptly if you receive any notice seeking possession, so any defects or defences can be identified and acted on in time.

The more your behaviour and paperwork look calm and organised, the more any heavy‑handed response from a landlord stands out.

Get support early if you are feeling overwhelmed

Complaints, damp, health worries and threats of eviction are draining. You do not have to carry all of that on your own.

It is often helpful to speak to:

• A local advice agency or law centre with housing expertise.
• A tenant support organisation or union if one is active in your area.
• Health professionals about any symptoms you or your family are experiencing.

The earlier you get support, the more options you generally keep open. It is much easier to plan your next move calmly than to react in a rush after a deadline has already passed.

Book your consultation with Sussex Damp Experts today

If your landlord still is not fixing the damp, a consultation with Sussex Damp Experts gives you clear, independent answers about what is causing it and what realistically needs to happen next. Instead of going round in circles about “lifestyle” or blame, you get a structured view of the building, the moisture sources and the practical options open to you, written in language you can confidently put in front of a landlord, council officer or adviser.

If you live in Sussex and you are facing ongoing damp and mould that is not being resolved, we can:

• Visit your home at a time that works for you to identify the most likely causes in plain language, whether that is water getting in, moisture being trapped, insufficient ventilation, cold bridges or a mix of factors.
• Produce a structured report with photos, measured observations and a prioritised schedule of recommended works, written so that landlords, contractors and councils can actually use it.
• Help you understand how to present that report alongside your own diary, photos and health evidence as part of a calm, credible escalation.

You stay in control of your choices at every stage. You decide whether to use the report for a fresh conversation with your landlord, to support a council inspection request, to run through a complaints process or, if necessary, to take legal advice. If you are ready to move from being ignored to having a clear, evidence‑backed plan, get in touch to arrange a consultation and take the next step towards a dry, healthy home.

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