Skip to content
Croydon Damp Answers

For tenants

Can I withhold rent because of damp?

Almost never safely. Withholding rent doesn't cancel your duty to pay it, so you can fall into arrears and risk eviction — even when the damp is the landlord's fault. There's a narrow, formal 'repair and deduct' route with strict steps, but for most tenants reporting, escalating to the council, and a disrepair claim are far safer.

Who's responsible? Tenant-managed
  1. Tenant-managed
  2. Shared
  3. Landlord's legal duty

Rent is still legally yours to pay even when the landlord is at fault for the damp — which is why withholding is so risky. Use the safer routes instead.

Can I just stop paying?
No — it's treated as arrears and can lead to eviction, even if the damp is the landlord's fault
'Repair and deduct'
A narrow, formal route with strict written steps and quotes — easy to get wrong
Safer routes
Report in writing → council environmental health → disrepair claim / compensation
Get help first
Shelter or Citizens Advice before doing anything with your rent

The honest answer up front

We know why you’re asking: the damp is bad, the landlord won’t act, and it feels fair to hold back rent until they do. But the honest legal reality is that withholding rent is almost never the right move, and it can backfire badly. We’d rather tell you that than let you walk into a trap.

The core problem: a landlord’s failure to repair does not cancel your legal duty to pay rent. The two obligations are treated separately. So if you stop paying, you’re in arrears — and arrears are one of the most common grounds a landlord can use to evict you, even when they’re the one at fault for the damp.

”Repair and deduct” — the narrow exception (handle with care)

There is a limited, recognised route sometimes called “repair and deduct.” In strict outline, after following a formal procedure you can have a repair done and deduct its actual, verified cost from future rent. But it comes with conditions that are easy to get wrong:

  1. Tell the landlord about the disrepair in writing and ask them to fix it.
  2. Warn them in writing that if they don’t act by a stated deadline, you’ll arrange the work and deduct the cost.
  3. Get two or three written quotes and send them to the landlord.
  4. Have the work done, keep all invoices/receipts, and deduct only that exact cost from rent.

This only covers the repair cost, must be meticulously documented, and is risky if you slip up. Do not treat it as “I can stop paying rent.” Get advice from Shelter or Citizens Advice before you try it.

The safer routes that actually work

For most tenants, these get the damp fixed without risking your home:

  • Report in writing and keep evidence. A dated email plus photos starts the clock and builds your case. See how to report damp to your landlord.
  • Escalate to Croydon Council’s environmental health team. They can inspect under the HHSRS and serve an enforcement notice with a deadline if the damp is a serious hazard. This applies to private and social tenants.
  • Bring a housing disrepair claim. A court can order the repairs and award compensation for damaged belongings and for living in an unfit home. Many housing solicitors work no-win-no-fee.
  • Keep paying your rent throughout. It keeps you safe from eviction and makes you the reasonable party in any dispute.

A Croydon note

Croydon Council’s environmental health team is the practical lever for tenants whose landlords won’t act. If you’ve reported the damp, given a reasonable time, and nothing’s happened, that’s the point to contact them — it often moves a stalled landlord faster than anything else, and it costs you nothing and doesn’t put your tenancy at risk.

Bottom line

If you remember one thing: don’t gamble your home by stopping rent. Report it properly, escalate to the council, and get free advice from Shelter or Citizens Advice. Those routes are slower than you’d like but far safer — and they can also win you compensation, which withholding rent never will.

Frequently asked questions

Not safely. Withholding rent does not suspend your legal obligation to pay it, so you'd be building arrears — and rent arrears are one of the most common grounds for eviction, even where the landlord is at fault for the damp. There is a narrow 'repair and deduct' procedure, but it has strict steps and is easy to get wrong, so get advice from Shelter or Citizens Advice before touching your rent.

It's a limited legal route where, after following a strict written procedure — notifying the landlord, giving them a deadline, getting quotes, having the work done — a tenant deducts the verified cost of the repair from future rent. It only covers the actual repair cost, must be documented carefully, and is risky if done incorrectly. It is not a licence to simply stop paying rent because of damp.

Keep paying rent, report the damp in writing and keep evidence, and escalate to Croydon Council's environmental health team if the landlord doesn't act. You can also bring a disrepair claim, which can require repairs and award compensation. These routes get the damp fixed without putting your home at risk.

Potentially yes. Through a housing disrepair claim, tenants can be awarded compensation for the landlord's failure to repair — covering damaged belongings and the reduced enjoyment of an unfit home — as well as an order to do the works. A housing solicitor (often on no-win-no-fee) or Citizens Advice can tell you if you have a case.

Related questions