Damp and Mould in Blocks of Flats: A Complete Guide
A comprehensive guide to damp management block of flats for leaseholders, freeholders, and residents. Understand the common causes of damp, your rights under current legislation including tenants rights damp and mould UK protections, learn how much compensation for damp and mould UK residents may claim, and discover how a professional managing agent investigates, remediates, and prevents damp and mould in residential blocks.
Who Is Responsible for Damp and Mould in a Block of Flats?
Who is responsible for damp in a block of flats is one of the most frequently asked questions in leasehold property management. The answer depends on the cause and location of the damp, and the repairing obligations set out in the lease. In most leasehold arrangements, these responsibilities are divided between the freeholder and individual leaseholders, with the managing agent acting on behalf of the freeholder to ensure that obligations are discharged properly.
Freeholder Responsibility
The freeholder is responsible for the structure and exterior of the building, including the roof, external walls, foundations, shared drainage, and communal areas. If damp originates from a structural defect - such as a leaking roof, failed pointing, or defective damp-proof course - it is the freeholder's obligation to investigate and fund the repair. Penetrating damp through the building envelope and rising damp affecting the structure are structural matters that fall squarely within the freeholder's repairing covenant.
Leaseholder Responsibility
Leaseholders are typically responsible for the interior of their own flat, including maintaining adequate ventilation and heating to prevent condensation damp. Where mould results from lifestyle factors such as drying clothes indoors without ventilation, failing to use extractor fans, or blocking trickle vents, the leaseholder may be expected to take steps to address the issue within their demise. However, if condensation is caused by a building defect such as inadequate insulation or poor window specification, responsibility shifts to the freeholder.
Common Parts and Shared Systems
Damp affecting the common parts of the building - hallways, stairwells, communal corridors, and shared plant rooms - is the responsibility of the freeholder and is managed by the managing agent. Leaks from shared plumbing, drainage, or heating systems that cause damp in individual flats are also the freeholder's responsibility to repair, with costs typically recovered through the service charge.
The key principle is that the party responsible for the element of the building from which the damp originates bears the obligation to investigate and repair. A professional managing agent will determine the source of the problem and ensure the correct party takes action without unreasonable delay.
Common Causes of Damp in Blocks of Flats
Understanding the causes of damp and mould in private rented property and leasehold blocks is essential for effective prevention and remediation. Flats are particularly susceptible to damp because of shared walls, limited external surfaces, and the way moisture moves through multi-occupancy buildings. The four most common causes of damp in residential blocks are set out below, along with other contributing factors.
Rising Damp
Rising damp occurs when ground moisture is drawn upward through the walls by capillary action, usually due to a failed or absent damp-proof course. It typically affects ground-floor flats and presents as a tide mark of damp and salts along the base of internal walls. Remediation usually requires a specialist contractor to install or renew the damp-proof course.
Penetrating Damp
Penetrating damp is caused by water entering the building through the external envelope - typically through deteriorating pointing, cracked render, damaged roofing, or failed window seals. It can affect any floor and often manifests as damp patches that worsen during wet weather. Structural communal repairs to the building exterior are required to resolve the issue.
Condensation
Condensation is the most common cause of damp in flats. It occurs when warm, moist air meets cold surfaces such as external walls and windows. Daily activities like cooking, bathing, and drying clothes indoors produce significant moisture. Without adequate ventilation - including extractor fans, trickle vents, and regular airing - this moisture condenses on cold surfaces and creates ideal conditions for mould growth.
Leaks from Neighbouring Flats
In a block of flats, a leak from one unit can cause significant damp and damage in neighbouring flats below or adjacent. Common sources include burst pipes, faulty washing machine connections, overflowing baths, and deteriorating waste pipes. The managing agent must coordinate access, identify the source, and ensure repairs are carried out promptly to limit damage.
Poor Ventilation
Inadequate ventilation exacerbates all forms of damp, particularly condensation. Many older blocks of flats were built with insufficient mechanical ventilation, and subsequent window replacements may have sealed the building more tightly without compensating for reduced air flow. Blocked extractor fans, painted-over trickle vents, and sealed airbricks all contribute to a damp, poorly ventilated environment.
In many cases, damp in a block of flats results from a combination of these factors. A thorough investigation by a qualified surveyor is often needed to distinguish between causes and ensure the correct remediation strategy is applied. Our damp and mould management service is designed to diagnose every case accurately and implement lasting solutions.
Leaseholder Rights and the New Damp and Mould Rules
Understanding tenants rights damp and mould UK legislation is essential for anyone living in a leasehold flat or rented property. In recent years, the legal landscape has shifted significantly in favour of residents, with new laws and strengthened enforcement making it harder for landlords and managing agents to ignore damp and mould reports.
Awaab's Law
Awaab's Law was introduced following the tragic death of Awaab Ishak, a two-year-old boy who died from prolonged exposure to mould in a social housing property. The law sets strict timescales for landlords to investigate and resolve damp and mould hazards:
- Emergency hazards posing an immediate risk to health must be made safe within 24 hours
- All reported hazards must be investigated within 14 days of the report being received
- Repair works must be started within 7 days of the investigation and completed within a reasonable timescale
Homes (Fitness for Human Habitation) Act 2018
This Act requires all landlords to ensure that their properties are fit for human habitation at the start of and throughout a tenancy. Persistent damp and mould that poses a health risk can render a property unfit under this legislation, giving tenants the right to take legal action and claim compensation without first needing to go through their local council.
Environmental Health Enforcement
Where damp and mould in private rented property is not resolved by the landlord or managing agent, tenants and leaseholders can contact their local council's environmental health department. Environmental health damp and mould officers have the power to inspect properties, serve improvement notices, and take enforcement action under the Housing Act 2004 using the Housing Health and Safety Rating System (HHSRS). Damp and mould is a Category 1 hazard that requires mandatory action by the local authority.
Compensation and Claims
How much compensation for damp and mould UK residents can claim depends on the individual circumstances. A mould claim private landlord cases may include damages for health effects, damage to personal belongings, loss of enjoyment of the property, and distress. Awards have ranged from hundreds to tens of thousands of pounds. Seeking legal advice early and documenting the problem thoroughly, including photographs, written reports to the managing agent, and medical evidence, strengthens any claim.
For a full overview of your entitlements as a leaseholder, including your rights to information, consultation, and redress, visit our leaseholder rights guide.
How Your Managing Agent Tackles Damp and Mould
Effective damp management block of flats requires a structured, proactive approach that goes well beyond surface-level fixes. At Block Management Company, our damp and mould management service follows a clear four-stage process designed to identify root causes, implement lasting solutions, and prevent recurrence.
Stage 1: Investigation
Every reported case of damp or mould is logged, acknowledged, and inspected by a property manager. Where the cause is not immediately apparent, we commission a specialist damp survey using moisture meters, thermal imaging, and visual assessment to identify the root cause accurately. This is critical because the wrong diagnosis leads to the wrong remedy.
Stage 2: Remediation
Once the cause is confirmed, we instruct appropriate remediation works. This may include structural repairs such as repointing, roof repairs, or damp-proof course renewal; ventilation improvements such as installing extractor fans or positive input ventilation systems; specialist mould treatment and removal; or communal repairs to shared plumbing, drainage, or building fabric.
Stage 3: Prevention
Resolving the immediate problem is only part of the solution. We implement preventative measures tailored to each building, including ventilation audits, insulation assessments, gutter and drainage maintenance schedules, and resident education on reducing indoor moisture. Prevention is far more cost-effective than repeated remediation.
Stage 4: Ongoing Monitoring
After remediation, we conduct follow-up inspections to confirm the issue has been fully resolved and has not returned. Damp and mould cases are tracked in our property management system, and buildings with a history of issues receive enhanced monitoring as part of our routine inspection programme. Every action is documented, creating an auditable compliance trail.
The cost of damp investigation and remediation in communal areas is typically recovered through the service charge. We ensure that all expenditure is transparent, proportionate, and properly accounted for. For more information on how we manage your building's maintenance needs, see our managing agent responsibilities page.
Frequently Asked Questions About Damp and Mould in Flats
Who is responsible for damp in a block of flats?
Responsibility for damp in a block of flats depends on the cause and location. The freeholder is generally responsible for maintaining the structure and exterior of the building, including the roof, external walls, foundations, and shared drainage. If damp originates from a structural defect, a failure of the building envelope, or a problem in the common parts, the freeholder or their appointed managing agent must arrange and fund the investigation and repair. Leaseholders are typically responsible for the interior of their own flat, including maintaining adequate ventilation and heating to minimise condensation damp. Where damp crosses the boundary between one flat and another, for example through a leak from a neighbouring unit, the lease and the managing agent's intervention will determine how the matter is resolved.
How much compensation can I get for damp and mould?
Compensation for damp and mould in the UK varies widely depending on severity, duration, and impact on health. The Housing Ombudsman has made awards ranging from a few hundred pounds for minor inconvenience to over twenty-five thousand pounds in severe cases involving prolonged health effects. Under the Homes (Fitness for Human Habitation) Act 2018, tenants can claim compensation if their landlord has failed to address damp and mould that makes the property unfit for habitation. A mould claim against a private landlord may include damages for personal injury, damage to belongings, and distress. Each case is assessed on its own facts, and professional legal advice is recommended for significant claims.
How to deal with damp in a flat?
Dealing with damp in a flat starts with identifying the type and cause. Condensation damp can often be reduced by improving ventilation, using extractor fans when cooking or bathing, avoiding drying clothes indoors, and maintaining consistent heating. However, if the damp is caused by a structural issue such as penetrating damp through external walls, rising damp from a failed damp-proof course, or a leak from a neighbouring flat, you should report the issue to your managing agent or freeholder immediately. They have a legal obligation to investigate and arrange repairs to the structure and common parts. Do not attempt to paint over mould without treating the underlying cause, as the problem will return.
What is the new law regarding damp and mould?
Awaab's Law, introduced following the death of two-year-old Awaab Ishak from prolonged mould exposure in a social housing property, requires landlords to investigate hazards such as damp and mould within 14 days of a report being made. Emergency hazards must be made safe within 24 hours, and repairs must be started within 7 days and completed within a reasonable timescale. While Awaab's Law currently applies primarily to the social housing sector, its principles are setting new standards across all residential property management, including private leasehold blocks. The Homes (Fitness for Human Habitation) Act 2018 already requires all landlords to ensure properties are fit for habitation, and persistent damp and mould can render a property unfit under this legislation.
Can landlords just paint over mold?
No, painting over mould is not an acceptable or effective remedy. Simply covering mould with standard paint without addressing the root cause will result in the mould returning, often within weeks. A responsible managing agent or freeholder must first identify the underlying cause of the mould, whether that is condensation, penetrating damp, inadequate ventilation, a plumbing leak, or rising damp. Proper remediation involves resolving the cause, removing the affected materials where necessary, treating surfaces with specialist anti-fungal products, and allowing them to dry fully before redecorating with appropriate mould-resistant paint. Environmental health officers can take enforcement action against landlords who fail to address mould properly.
Who is liable for leaks in flats?
Liability for leaks in flats depends on where the leak originates and what the lease says about repairing obligations. If the leak comes from the structure of the building, such as the roof, external walls, or shared drainage, the freeholder is typically liable for the repair as these are common parts covered by the lease. If the leak originates from within another flat, for example from faulty plumbing or an overflowing appliance, the leaseholder of that flat is usually responsible. The managing agent plays a key role in investigating the source of the leak, coordinating access between flats, arranging repairs, and managing any insurance claim through the buildings insurance policy. Prompt reporting to the managing agent is essential to minimise damage.
Expert Damp and Mould Management for Your Block
Whether you need help with damp management block of flats, want to understand your leaseholder rights regarding damp and mould, or are looking for a managing agent that takes damp and mould management seriously, Block is here to help. We manage blocks of all sizes across England and Wales, ensuring that damp issues are investigated, resolved, and prevented in full compliance with current legislation including Awaab's Law and the Homes (Fitness for Human Habitation) Act 2018.