How social landlords can improve their responses to damp and mould, with case studies of good and bad practice from investigations by the Housing Ombudsman.
Published February 2025.
Damp and mould problems in social housing
From the inquest into the death of two year old Awaab Ishak, to campaigners like Kwajo Tweneboa highlighting poor conditions, damp and mould problems in social housing have made news in recent years.
These stories have drawn attention to the severity and scale of the problem, leading the government to introduce new duties for landlords. At the same time, concerns about damp and mould have continued to increase, as many people struggle to afford to heat their homes sufficiently due to the cost-of-living crisis.
Social landlord duties to deal with damp and mould
Social landlords have legal duties to address certain repairs and health and safety hazards. This includes a duty for landlords to keep in repair the structure and exterior of their properties. For example, if a problem with the exterior is causing damp and mould, such as a leaking roof or guttering, it's the landlord's responsibility to complete the repair.
Landlords also have a duty to ensure that properties are fit for human habitation. This includes ensuring the property is free of hazards to health, such as damp and mould.
The Decent Homes Standard also sets minimum standards for conditions in social housing. The government is due to review the Standard in 2025.
New duties under Awaab's law
Following the death of Awaab Ishak, there was a renewed focus on health hazards in social housing and in response the government introduced 'Awaab's law' as part of the Social Housing Regulation Act 2023.
Awaab's law is expected to come into force for damp and mould in social housing from October 2025. Regulations to confirm the specific rules have not yet been introduced, but the government has said it intends to set strict timelines for repairs.
Read more about a landlord's legal duties on damp and mould on Shelter Legal.
The Housing Ombudsman on damp and mould
The Housing Ombudsman Service is an independent service which handles complaints about social housing providers, including local authorities and housing associations.
The Ombudsman identified recurring problems with social landlord responses to damp and mould in its 2021 report, 'It's not lifestyle'. The report set out recommendations on how social landlords can improve their responses, including clear instructions to landlords to avoid the common practice of blaming tenants' lifestyle. The Ombudsman found that a high percentage of complaints about landlord responses to damp and mould were upheld upon investigation.
A follow up report in 2023 covered the developments seen since, identifying examples of good practice and ongoing problems.
Despite some improvements in the sector's response, damp and mould remains the number one topic of complaints to the Ombudsman, making up over 50% of complaints.
It's not 'lifestyle'
The Housing Ombudsman Service has been clear that social landlords must not blame damp and mould on so-called ‘lifestyle’ factors.
Ombudsman investigations found many landlords blame damp and mould problems on condensation caused by everyday acts, such as bathing, drying clothes or cooking. Some landlords have even told residents that it was caused by condensation from breathing.
In the 2021 report 'It's not lifestyle', the Housing Ombudsman's Richard Blakeway said the problem 'reoccurred so often it is appropriate to call it systemic.'
The consequences of this approach can be extremely serious. The Ombudsman report into Rochdale Boroughwide Housing after the death of Awaab Ishak found the landlord had blamed the damp and mould on condensation caused by so-called 'ritual bathing'. The landlord had also noted the family had a 'lifestyle of boiling food in pans on the stove'. The coroner concluded that too much emphasis was placed on so-called 'lifestyle' factors and the underlying causes were not investigated.
According to the Ombudsman, 'lifestyle is not just a word: it can be an assumption, an accusation and a barrier.' And it's not just the term lifestyle - more recently, Ombudsman investigators have found some landlords have started to use other terms like 'internal environmental factors', which have the same intent.
How some landlords have improved their practices
'Social landlords can respond more effectively to damp and mould problems by ensuring they investigate the root causes,' says Cathryn from the Ombudsman Service.
One example of this approach is a landlord which now responds to all damp and mould complaints by surveying the property as a whole through humidity and temperature sensors. The landlord has also offered residents support to manage their heating costs and decrease the risk of damp and mould appearing.
Cathryn says, 'another landlord we've worked with has improved their processes by carrying out thorough initial inspections. These inspections provide a full picture of the issue before any so-called 'lifestyle' factors are discussed with residents.'
Case study: blaming lifestyle
The Ombudsman found that a landlord had blamed damp and mould on condensation which was caused by lifestyle factors and not managed by the resident. In fact, the window frames in the flat were rotten and beyond repair. This was within the landlord's control and formed part of its repairing obligations.
The investigation found that there was an unreasonable delay in dealing with the repair. There was no evidence to support the landlord’s finding that the condensation was due to the resident’s inaction.
The Ombudsman made a finding of severe maladministration and ordered the landlord to pay £2,175 in compensation. The landlord committed to carry out surveys when there is a concern about fitness for habitation and to do more to support residents where repairs or reinvestment are delayed.
Understanding homes and tenants
The Ombudsman's reports have highlighted 'know your housing stock' and 'know your tenants' as key steps for social landlords to respond properly to cases of damp and mould.
Ombudsman dispute resolution manager John says this is crucial to help landlords manage their properties. 'Landlords can deal with health hazards more effectively if they understand the homes they rent out - this means understanding the structural causes of damp and mould in properties of a particular age or construction.'
'We also encourage landlords to ensure they know their residents,' says John, 'including being mindful of any vulnerabilities in a household that health hazards can be flagged up as quickly as possible.' This could also include being aware of households who are struggling with energy bills and offering support where possible.
Case study: understanding homes
The Ombudsman found that one landlord had undertaken a pilot scheme in one estate, completing a risk assessment of each home. The scheme classified each property as either low, medium or high risk of damp and mould problems.
The properties which were assessed as high risk had a centralised extractor ventilation system installed, as well as a smart heating controller and anti-mould paint applied where needed.
A year later, 100% of residents reported that their problems had been resolved.
Taking a proactive approach
'Landlords need to be proactive when dealing with reports of damp and mould from their residents,' says Sheriff from the Ombudsman Service.
Sheriff explains that it's important for landlords to consider who is not reporting problems, as well as those who are. 'We encourage landlords to analyse why some tenants do not report issues or make complaints, and take active steps to communicate with tenants about dealing with damp and mould problems.'
Some landlords have recently established processes where every visit to a property is an opportunity to identify early signs of damp or mould. Whether the housing officer needs to visit, or a visit is booked for a gas service, electrical test, or other repair, all staff have a responsibility to highlight potential concerns and identify problems at an early stage.
Case study: proactive approach
In one case investigated by the Ombudsman, a landlord attended and treated the damp and mould within a week of the initial report. When the problem came back, it sent someone out the next day.
A damp and mould survey was arranged, but the landlord took proactive steps even before the results were confirmed, making improvements to the home in the meantime.
The Ombudsman found the landlord took all reasonable steps to mitigate the impact of the damp and mould on the family.
Read the full Housing Ombudsman Service decision.
Communicating with residents
The Ombudsman has encouraged landlords to improve their communication with residents.
'Landlords must give advice to residents in different formats, and ensure the tone is practical, and not patronising,' dispute resolution manager Ayesha says. 'Landlords shouldn't make impractical suggestions, like instructing residents to have their heating on at all times.'
Making it easy for residents to report
Problems might get worse while tenants are doing their best to report them, Ayesha says. 'Many problems with damp and mould are exacerbated by delays in reporting, often because residents find it difficult to make contact to report the issue.'
Some landlords have now set up dedicated websites, apps or even video calling services to help tenants report problems quickly and effectively.
Case study: communication and reporting problems
In one case, a resident contacted the landlord several times in order to get repairs completed after a leak from the flat above. The resident could not get through and was told incorrect information from the landlord's call centre. The resident then had to pursue a complaint for over 18 months to get a final response.
The Ombudsman found severe maladministration, ordered the landlord to pay £800 in compensation to the tenant and to provide training to staff in complaint handling.
Read the full Housing Ombudsman decision.
Keeping accurate records
Good record keeping is crucial to managing damp and mould problems. In fact, the Ombudsman has said it is 'an integral part of service provision, not an optional extra'.
In many cases where the Ombudsman found failings, landlords had not kept proper records and failed to keep residents updated on their case or complaint.
Accurate records mean issues can be dealt with more quickly, and in fewer visits. Failure to maintain thorough records can prolong the difficulty experienced by the tenant, delay any resolution and increase the risk to residents.
Case study: poor record keeping
In one case, the landlord changed contractors and as a result no longer had access to earlier surveyor reports. The landlord had to then repeat the survey. Another member of staff took over dealing with the matter, but information was not passed on. This meant the tenant had to repeat information they had already reported.
The Ombudsman ultimately ordered that the landlord pay compensation of over £8,000 to the tenant.
Read the full Housing Ombudsman decision.