Damp and Mould in a Rental Property: What the Renting Homes (Wales) Act 2016 Means for Landlords and Tenants

Pro Trade South Wales
Nov 4
2 min read

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:

Renting Homes (Wales) Act 2016, Section 91 – Duty to keep the property in repair.https://www.legislation.gov.uk/anaw/2016/1/section/91
Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022.https://www.legislation.gov.uk/wsi/2022/6/contents

These regulations confirm that persistent damp and mould can make a property unfit to live in.

Why Damp and Mould in a Rental Property Are Taken Seriously

Damp can cause:

Black mould on walls and ceilings
Damage to paint and plaster
Musty odours

The legislation sees 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 in a Rental Property 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 problems like penetrating damp, rising damp, or poor insulation are 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
Keeping windows fully closed

But the house still needs to be able to be 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 & Damp Surveyshttps://www.protradesouthwales.co.uk/services/damp-proofing
Mould Removal & Remediationhttps://www.protradesouthwales.co.uk/services/mould-removal
Property Repairs & Maintenancehttps://www.protradesouthwales.co.uk/services/property-maintenance

We assess the cause, explain the issues clearly, and carry out long-lasting remedial work.