Damp and mould are widespread problems in homes all around Wales, especially in older buildings or dwellings that don’t get enough airflow. But who is responsible for addressing the problem when you rent a home, and what does the law say? The Renting Homes (Wales) Act 2016 is very clear about how it pertains to mould and dampness.
Homes must be “fit for human habitation”
Since 1 December 2022, every rented property in Wales must legally be “fit for human habitation”. This is set out in the Renting Homes (Wales) Act 2016, Section 91 (the duty to keep the property in repair), and the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022. These regulations confirm that persistent damp and mould can make a property unfit to live in.
Why damp and mould are taken seriously
Damp can cause black mould on walls and ceilings, damage to paint and plaster, and musty odours. The legislation treats this as a health-and-safety issue, not merely a cosmetic one, because mould spores can also be bad for your health.
When it’s the landlord’s responsibility
If damp or mould is caused by the structure or condition of the building, the landlord must put it right. This includes issues with:
- Roofing, walls and brickwork
- Gutters and downpipes
- Damp-proof courses
- Heating and ventilation systems
If penetrating damp, rising damp or poor insulation is the cause, the landlord must repair or improve the property.
When responsibility may be shared
Some damp is made worse by daily activities such as drying clothes indoors without ventilation, not using extractor fans, or keeping windows fully closed. But the home still needs to be capable of being heated and ventilated correctly. The real question is:
Would the damp occur even if the tenant used the home normally and reasonably?
If yes, it is usually a landlord responsibility.
Practical steps for tenants
- Report damp as soon as you notice it (photos help).
- Use heating and ventilation sensibly where possible.
- Allow access for repairs or assessment.
Practical steps for landlords
- Investigate damp early.
- Fix structural and ventilation problems.
- Keep written records of repairs.
- Ensure extractor fans and heating systems work effectively.
How Pro Trade South Wales can help
We are experts at finding and fixing the source of dampness, not just hiding it. Our services include damp proofing and damp surveys, mould removal and remediation, and property repairs and maintenance. We assess the cause, explain the issues clearly, and carry out long-lasting remedial work.