How Occupant Behaviour Is Assessed in Damp and Mould Cases
The landlord has a clear responsibility to manage damp and mould in a rental property, according to Section 11 of the Landlord and Tenant Act 1985. This clearly states that the landlord must respond to damp and mould issues caused by structural faults and must resolve them.
This has come under much closer scrutiny since the introduction of Awaab’s Law in 2025, and landlords now have to respond much faster to damp and mould issues, and act within a strict timeframe. In practice, however, determining the cause of damp and mould often requires detailed technical assessment, particularly where liability is disputed.
It is important to note that the tenant also has a responsibility when it comes to managing damp and mould in a rental property. Although the main duty in maintaining a safe and comfortable property lies with the landlord, the tenant also has some obligations and responsibilities, and in this article we will outline how these impact on damp and mould assessments specifically.
Tenant responsibilities relating to damp and mould
Most damp and mould issues are caused by issues the landlord is expressly responsible for, such as structural issues, broken heating or ventilation systems or failing insulation. But occupant behaviour can be a factor which influences the severity of a damp and mould issue, or how it develops in the first instance. A common cause of damp and mould in any property is condensation and a lack of ventilation. On a day-to-day basis, tenant habits and behaviours can impact on this significantly.
Factors relating to occupant behaviour and the occurrence damp and mould include:
Ventilation – Tenants should use extractor fans where they are provided and open windows, particularly when cooking and showering, to help clear warm, moist air which can lead to damp and mould.
Heating – Where heating systems are provided and operational, tenants should maintain a comfortable and consistent temperature in a property. Allowing walls to get cold can encourage damp and mould.
Managing moisture development – A room needs air to circulate in order to prevent moisture developing. Tenants should avoid drying clothes on radiators without also opening windows or using ventilation systems, and should keep large items of furniture away from walls. It is also advisable to wipe condensation from windows each morning, in areas where it develops overnight, or from other surfaces after having a bath or shower or after cooking.
Report issues – Tenants should notify their landlord as soon as damp and mould issues are identified. As a landlord, you can’t act if you don’t know about it. This also applies to maintenance issues that could result in damp and mould, such as broken heating or ventilation systems, windows or doors that won’t open, or structural issues such as cracks in walls or damaged or blocked gutters.
Access – The tenant should allow the landlord, or a contractor arranged by the landlord, reasonable access to the property to inspect an issue or to carry out work to resolve an issue. This can be arranged at a convenient time.
An assessment of the cause of a damp and mould issue will look at the lifestyle and behaviour of the occupant, particularly if there is no obvious structural or systematic cause.
Where occupant behaviour is a factor, it may affect the assessment of what caused the problem. On the other hand, where structural defects, maintenance issues or system faults are found, responsibility is more likely to sit with the landlord.
How housing condition assessments consider occupant behaviour
In expert witness reporting, a housing conditions assessment would investigate how the daily activities of an occupant, such as heating, ventilation and moisture management, has contributed to a damp and mould issue. Such assessments are commonly carried out in the context of housing disrepair claims, insurance disputes and legal proceedings. The assessment would be able to distinguish between damp and mould caused by lifestyle habits or an issue caused by structural defects or a heating or ventilation system not working properly.
An assessment team of professional surveyors may use data loggers to carry out environmental monitoring, take temperature and humidity readings and analyse energy consumption to determine the main factors in contributing to damp and mould. A landlord’s observations of how an occupant behaves would also be taken into account, as well as the tenant’s own comments. But a surveyor will be able to establish patterns consistent with either structural defects or behavioural influence such as ventilation not being used, placement of furniture or evidence of poor moisture management and drying clothes inside in unventilated rooms.
Naturally, an assessment will also take into account how long the tenant has occupied the property, and therefore how influential their behaviour could be on the damp and mould issue as it currently stands. It is important that an assessment also considers context such as the mental health, physical health and mobility issues of a tenant, and whether occupant behaviour could be reasonably considered negligent in these circumstances.
Professional expert witness reporting from Redfearn Experts
At Redfearn Experts you can rely on our team of experienced surveyors with a proven track record of delivering successful results through housing conditions expert witness reporting. This means we can find the root cause of problems and provide an accurate, independent assessment of where liability lies in housing disputes.
Our in-depth knowledge of this sector extends to rights and responsibilities and establishing what evidence is sufficient to deliver successful court proceedings. This includes establishing clear liability in situations where there is a possibility that occupant behaviour has contributed to a damp and mould issue, so if this is something you are currently facing, get in touch with our team today to arrange an independent expert assessment and report.
