How to Respond to a Tenant Damp Complaint as a Landlord

The First 24 Hours Matter Most

When a tenant reports damp or mould, your response in the first day sets the trajectory for everything that follows. A delayed or dismissive response is the single most damaging thing in your evidence file — council officers and tribunal panels read backward from the complaint date.

Acknowledge in writing the same day. Email is fine. Confirm what the tenant reported, ask for photos if they haven't already sent them, and state when you'll inspect or send someone.

This isn't about the Awaab's Law timescales (those aren't yet enforceable for private landlords). It's about building the documentary evidence that you took the report seriously and acted.

The Investigation Phase

Social landlords must investigate significant hazards within 10 working days under Awaab's Law. That period is not yet a statutory PRS deadline; inspect promptly, and sooner where the risk is urgent. You're looking for three things:

1. The type of damp. Condensation (mould on cold surfaces, worst in winter) vs. penetrating damp (patches that follow rainfall, linked to external defects) vs. rising damp (tide marks on ground-floor walls, constant). Each requires a different fix and carries different liability.

2. Building system performance. Are extract fans installed and working in the kitchen and bathroom? Are trickle vents open? Use 21°C in living rooms and 18°C in bedrooms as heating reference points. If the property's ventilation and heating can't manage moisture, blaming tenant behaviour won't survive a council assessment.

3. External water paths. Check gutters, downspouts, render, pointing, roof tiles, and window seals from outside. Penetrating damp from these defects is your Section 11 repair responsibility.

Building the Paper Trail

For every damp case, your file should contain:

• The tenant's original report (with date)
• Your written acknowledgement (with date)
• The 24-hour access notice you served for the inspection
• Inspection findings — notes, photos, moisture readings if applicable
• Your diagnosis and repair plan, communicated in writing to the tenant
• Contractor instructions and their completion reports
• Photos of the completed work
• Tenant written sign-off where possible

This paper trail serves multiple purposes. If Environmental Health inspects, they see a landlord who followed a systematic process. If the tenant takes a fitness-for-habitation claim to county court, your evidence shows the timeline of response. If a deposit dispute arises at the end of the tenancy, you have dated records of the property's condition and your interventions.

When to Call a Specialist

Commission a professional damp survey (£150–£500) if:

• You can't confidently identify the damp type
• The tenant disputes your diagnosis
• Mould keeps returning after remediation
• The property has known structural issues (pre-1920s, failed DPC, flat roof)

A surveyor's report with moisture meter readings provides objective evidence. Your own visual assessment, however thorough, doesn't carry the same weight in a tribunal or council enforcement decision.

The Costs of Getting It Wrong

Ignoring or dismissing a damp complaint creates compounding risk. Since 22 June 2026, the council can issue a civil penalty up to £7,000 for a Category 1 damp hazard where it considers removal reasonably practicable. Failure to comply with an improvement notice is a separate offence that can attract a penalty up to £40,000. A tenant can apply for a Rent Repayment Order through the First-tier Tribunal if you commit a qualifying housing offence, such as failing to comply with an improvement notice; for offences committed on or after 1 May 2026, the order can cover up to 24 months of rent.

The Decent Homes & Awaab's Law Guide includes a printable hazard workflow log with fields for every step above, designed for the property's physical compliance file.

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