What does my tenancy agreement say about damp — and can a clause make it my problem?

What a tenancy can and can’t do about damp

It’s common for tenancy agreements to mention damp, mould or ventilation — and equally common for tenants to be told “it’s in your contract, so it’s your problem.” So let’s be precise about what a clause can actually do.

The governing principle is simple: you cannot sign away a statutory duty. The landlord’s legal obligations to keep the structure in repair (Landlord and Tenant Act 1985, s.11) and to keep the home fit to live in (Homes (Fitness for Human Habitation) Act 2018) are set by law. A clause in a tenancy agreement can’t override them. If a term tries to, that term is generally unenforceable, even if you signed it.

Clauses that are fair and enforceable

Reasonable, sensible clauses that genuinely help prevent condensation are fine, for example asking the tenant to:

• Ventilate the home (use extractor fans, open windows, keep trickle vents open).
• Heat the home sensibly.
• Not block airflow to walls with large furniture.
• Report damp, leaks and mould promptly.

These are legitimate because they ask you to do reasonable things within your control — and reporting promptly is in everyone’s interest.

Clauses that don’t hold up

What doesn’t work is a clause that tries to make the tenant responsible for damp caused by the building, such as:

• “The tenant is responsible for all damp and mould in the property.”
• “The tenant must pay for any mould treatment.”
• Using “the tenant failed to ventilate” as a blanket defence in a home that can’t reasonably be kept damp-free — no working fans, cold uninsulated walls, windows that don’t open.

A court will look past the wording to the real cause. If the cause is the building, it’s the landlord’s responsibility regardless of the clause.

A practical example

A tenant in a Croydon converted flat signs an agreement saying “the tenant is responsible for condensation and mould.” The flat has a painted-over, non-working extractor fan and single-glazed windows. Mould appears every winter. Despite the clause, the landlord is responsible for remedying it, because the cause is the inadequate building, and the clause can’t remove the landlord’s fitness-for-habitation duty.

For landlords: write fair clauses, don’t rely on them

Including clear, fair terms about ventilation and prompt reporting is good practice — it sets expectations and genuinely reduces condensation. But don’t treat a clause as a shield against your repairing duties. It won’t be enforced, and leaning on it instead of fixing a real building problem is exactly what leads to council enforcement and disrepair claims. The durable approach is to keep the property in good condition and respond properly when damp is reported. If you’re unsure of the cause, an inspection settles it.

If you’re stuck

If your landlord is using a tenancy clause to refuse to fix building-related damp, get free advice from Shelter or Citizens Advice, and remember Croydon Council’s environmental health team can act regardless of what the contract says.