“It’s just condensation — you need to open your windows more.”
If you have reported damp or mould to your landlord and received a response like this, you are not alone. Tenants are often told that moisture problems are caused by lifestyle, but that is not always correct.
In housing disrepair cases, the difference matters. If damp and mould are caused by a structural defect, poor insulation, defective ventilation, water ingress or another problem with the property, the landlord may be liable. If the issue is caused solely by how the tenant uses the home, the position may be different.
This article explains how that distinction is made, what experts look for, and what you can do if the real cause is being misrepresented.
Why The Condensation Defence Matters So Much
Landlords have legal duties to keep rented homes in repair and, in many cases, fit for human habitation. Damp and mould can also amount to a health and safety hazard, particularly where they affect children, older people, or tenants with respiratory conditions.
However, landlords are not usually responsible for problems caused solely by a tenant’s behaviour. That is why the condensation defence is used so often. It shifts the argument away from the condition of the property and towards how the tenant heats, ventilates or uses the home.
The problem is that damp and mould are rarely that simple. A property may be poorly insulated, have cold bridging, defective windows, inadequate extract ventilation, blocked gutters, leaking pipework or a failed damp-proof course. In those cases, telling a tenant to open a window will not fix the underlying issue.
The starting point is not blame. It is evidence.
The Three Types Of Dampness — And Why They Are Often Confused
Not all moisture problems are the same. Courts and experts will usually try to identify which type of damp is present.
Condensation happens when warm, moist air meets a cold surface. It is common around windows, external walls, corners, ceilings and rooms with poor ventilation. It is often worse in winter.
Rising damp happens when moisture from the ground rises through walls, usually where there is no effective damp-proof course or where the damp-proof course has failed. It is usually found low down on ground floor walls and may leave staining, salts or damaged plaster.
Penetrating damp is caused by water getting into the property through defects such as damaged roofing, cracked render, defective brickwork, leaking gutters, failed seals or pipe leaks.
These causes can overlap. A home may have condensation made worse by cold walls, poor insulation or defective ventilation. That is why expert evidence can be so important.
Our blog post on evidence that wins disrepair and EPA cases gives a useful overview of the types of evidence that tend to carry weight.
What Courts Actually Look At
When damp or mould is disputed, a court will usually look at the full picture, including:
The nature, location and pattern of the damp or mould
Survey evidence, moisture readings, photographs and inspection reports
The age, construction and thermal performance of the property
Whether there is adequate heating and ventilation
Whether the landlord investigated properly after being notified
Whether any structural defect, leak, failed repair or inadequate ventilation contributed to the issue
How the tenant used the property and whether that use was reasonable
The key point is that tenants are allowed to live normally in their homes. Cooking, bathing, drying themselves after a shower and breathing all create moisture. If a property cannot cope with ordinary domestic use because of poor design, disrepair or lack of ventilation, the landlord may still be responsible.
Our blog on communication duties to residents explains why landlords should respond properly to reports rather than dismissing complaints without inspection.
What Experts Look For When Assessing A Property
A surveyor or environmental health officer will usually look for signs that help identify the cause of the problem.
Signs that may point towards condensation include:
Mould on cold surfaces such as external walls, window reveals and corners
Mould that worsens in winter and reduces in warmer months
Poor ventilation in bathrooms, kitchens or bedrooms
High internal humidity
No obvious external water ingress
Signs that may point towards structural disrepair include:
Damp staining after rainfall
Defective gutters, roof coverings, pointing, render or windows
Leaks from plumbing or pipework
Tide marks, salt deposits or damaged plaster low on walls
Damp that remains despite reasonable heating and ventilation
Cold bridging or missing insulation that makes surfaces unusually cold
In many cases, both sides contribute. A tenant may be producing moisture through normal use, but the building may also be unable to manage that moisture because of poor ventilation or defects. In those situations, the court may consider whether responsibility should be shared or whether the landlord’s failures are the real cause of the problem.
It is also worth understanding the role of Awaab’s Law vs EPA. Awaab’s Law currently applies to social landlords in England and sets fixed timescales for dealing with significant damp and mould hazards in social housing. Private tenants may still rely on disrepair law, the Homes (Fitness for Human Habitation) Act, local authority enforcement and, in some cases, Environmental Protection Act claims.
How Tenants Can Protect Themselves
If your landlord is blaming condensation, there are steps you can take to protect your position.
Keep Written Records
Report damp and mould in writing. Include dates, photos and details of where the problem appears. If your landlord dismisses it without inspecting, keep that response too.
Photograph The Pattern
Location matters. Mould on external walls, ceilings, corners, window reveals or around leaks may help show the issue is linked to the property itself. Take clear photographs over time, ideally with dates.
Keep Evidence Of Heating And Ventilation
If you heat the home, use extractor fans where available and open windows when reasonable, keep a note of this. If heating or ventilation is defective, report it in writing.
Ask For An Inspection
Your landlord should investigate properly. If they do not, you may be able to ask the local council’s environmental health team to inspect under the Housing Health and Safety Rating System.
Consider Independent Expert Evidence
In a serious dispute, an independent survey can be very powerful. A surveyor may identify water ingress, thermal bridging, failed ventilation, defective gutters, rising damp or other structural issues.
Our article on the Renters’ Reform Bill timeline is also useful background, although the Renters’ Rights Act reforms are now in force in England and have changed the possession landscape for many private tenancies.
For full support with a disrepair claim, including help with expert evidence, our housing disrepair services in London are designed to guide tenants through this type of dispute.
What Landlords Should Know
If you are a landlord, do not assume every damp or mould complaint is a lifestyle issue. You should inspect, consider the building condition and keep clear records of your response.
Dismissing a genuine defect as condensation can create legal risk. If the matter goes to court and expert evidence shows that the property had inadequate ventilation, defective insulation, leaks or other disrepair, the failure to investigate may count against you.
If you are facing a disrepair dispute and also considering possession proceedings, you should take advice before acting. Since 1 May 2026, private landlords in England can no longer use Section 21 notices. Possession is generally pursued through Section 8 grounds where the law allows it.
Our section 8 eviction solicitors can advise on the risks of pursuing possession while a disrepair claim is live. It is also worth reviewing notice periods under the reformed regime before taking any step.
When Disputes Go To Court
If the dispute cannot be resolved, the court will decide the issue based on the evidence. That may include surveyor evidence, inspection records, photographs, medical evidence where health has been affected, and the history of complaints and responses.
Whether you are a tenant trying to prove landlord responsibility or a landlord defending a claim, preparation matters. Experienced rental dispute solicitors in London can help ensure the evidence is presented clearly.
For more complex or contentious cases, our dispute resolution solicitors in London can also advise on negotiation, mediation and court proceedings. Where a judgment has been made and remains unpaid, our debt collection solicitors in London can assist with enforcement.
Frequently Asked Questions
My Landlord Says I Caused The Mould By Drying Washing Indoors. Is That A Valid Defence?
It may be relevant, but it is not always a complete defence. If the property lacks proper ventilation, has cold bridging, poor insulation or defective heating, the landlord may still be responsible for conditions that make mould likely during normal occupation.
Can I Get A Free Survey Done?
Your local council’s environmental health team can inspect the property and assess hazards under the Housing Health and Safety Rating System. This is not the same as a private expert report for court, but it can be useful evidence and may lead to enforcement action.
What If The Landlord Sends Their Own Surveyor Who Says It Is Condensation?
You can obtain your own independent expert report. Courts will look at the quality, independence and reasoning of the evidence from both sides.
Does The Type Of Tenancy Affect My Rights?
The Homes (Fitness for Human Habitation) Act applies to many private and social residential tenancies in England, although there are exceptions. Your route for enforcement may depend on your tenancy, landlord type and the evidence. Speaking to affordable solicitors in London is the quickest way to understand your options.
How Long Does A Disrepair Claim Take?
Some cases settle within a few months, especially where the landlord engages early. Contested cases involving expert evidence, medical evidence or court proceedings can take longer. Acting quickly and getting advice early gives you the best chance of an efficient outcome.
We Are Here To Help
Whether you are a tenant dealing with damp and mould that your landlord refuses to accept, or a landlord facing a claim you believe is overstated, early legal advice can make a significant difference.
At Atalaw Solicitors, we have over 20 years of experience in landlord and tenant law and housing disrepair claims. We provide practical, clear advice and help you understand your position from the first conversation.
Contact us today to discuss your situation. We would be glad to help.