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My flat is damp and mouldy. Can I take action?

Q. I moved into a basement studio flat which became damp the first night I stayed. It has been deteriorating ever since. There is now mould on the walls. Under what legislation can I claim? A. Many housing conditions can expose tenants to damp and mould. They may feel unable to open windows because of security or noise concerns, their properties may suffer from poor or inadequate insulation or ventilation, and damp-proofing may be damaged or non-existent. Private and public sector landlords must comply with several pieces of legislation, including the Defective Premises Act 1972, the Landlord and Tenant Act 1985, the Homes (Fitness for Human Habitation) Act 2018, Minimum Level of Energy Efficiency standard (2018), the Housing Act 2004, the Environmental Protection Act 1990 and the Decent Homes Standard (2006). These fall into two categories. • Read more expert advice on property, interiors and home improvement First, there are the statutory rights tenants have against their landlords that supplement any obligations set out in their tenancy agreements. Of these the most important are landlords' obligations to repair the structure and exterior of rental properties under section 11 of the Landlord and Tenant Act 1985 and the obligation to ensure properties are fit for human habitation under the Homes (Fitness for Human Habitation) Act 2018. Also, landlords have duties to ensure tenants are reasonably safe from personal injury and damage under section 4 of the Defective Premises Act 1972. Tenants routinely bring county court claims for compensation under these provisions and obtain orders for specific performance requiring landlords to remedy damp. Second, there are the housing health and safety standards enforced by local housing authorities as part of their public health functions. If council officers inspect and find damp that poses a risk to tenants' health, they have a range of options. These include the service of Improvement Notices under the Housing Act 2004, more draconian prohibition orders and financial penalties (that is, fines). You can therefore take action yourself under the 1972 and 1985 acts or ask your council to enforce health and housing standards under the Housing Act 2004. Mark Loveday is a barrister with Tanfield Chambers. Email your questions to