Damp, Mould and Tenant Complaints: Building a Defensible Property Reporting Process

Damp and mould are no longer issues that letting agents can afford to treat as routine maintenance complaints.

Greater awareness of the health risks associated with mould, the introduction of Awaab’s Law in social housing and the extension of the Decent Homes Standard to the private rented sector are putting increased focus on how landlords and agents identify, investigate and respond to poor property conditions.

For letting agents, this makes good record keeping increasingly important.

When a tenant reports mould, an agent should be able to establish when the complaint was received, what was found, how quickly it was investigated, what evidence was collected, what action followed and whether the problem was ultimately resolved.

A structured property reporting process can provide that evidence while helping agents identify potential problems before they become serious complaints.

Damp and Mould Responsibilities in Rented Property

Damp and mould can develop for many different reasons.

These may include:

• Leaking pipes
• Defective roofs or guttering
• Penetrating damp
• Damaged windows or seals
• Inadequate ventilation
• Persistent condensation
• Insulation or thermal-bridging issues
• Problems with heating
• Other defects within the building

This means agents should be careful about making assumptions when a tenant reports a problem.

Visible mould does not automatically establish its underlying cause.

Government guidance states that landlords should investigate the underlying causes of damp and mould and take action to address them. It also advises against automatically attributing damp and mould to tenant behaviour.

For agents, the safest starting point is therefore evidence: record the complaint, inspect the property and document what can actually be observed.

Awaab’s Law and the Private Rented Sector

Awaab’s Law has significantly increased attention around how quickly serious damp and mould problems should be addressed.

The law is named after two-year-old Awaab Ishak, who died following prolonged exposure to mould in his home.

Phase 1 came into force for social housing in England on 27 October 2025, covering emergency hazards and significant damp and mould hazards. It requires social landlords to investigate and address qualifying hazards within prescribed timescales.

For letting agents operating in the private rented sector, there is an important distinction.

The Renters’ Rights Act 2025 provides for Awaab’s Law to be extended to the PRS, but the government stated in its January 2026 Decent Homes Standard policy statement that it would consult on the detail of applying Awaab’s Law to privately rented homes. The social-housing timeframes should therefore not currently be presented as statutory PRS deadlines.

Nevertheless, the direction of regulation is clear: damp, mould and serious housing hazards are receiving greater regulatory attention, making robust inspection and reporting procedures increasingly valuable for letting agents.

The Decent Homes Standard Is Coming to the PRS

Another significant change is the extension of the Decent Homes Standard to privately rented properties.

The government announced in January 2026 that the new standard will apply to both social and private rented homes from 2035.

Importantly for damp and mould, the new standard includes a specific criterion requiring rented properties to be free from damp and mould. The government has also said landlords should take a proactive approach to prevention rather than simply responding when tenants complain.

This represents a significant shift for the PRS.

The existing Decent Homes Standard is not currently a regulatory standard for private rented properties. Government housing data shows that 22% of private rented homes failed the existing Decent Homes Standard measure in 2024, compared with 10% of social rented homes.

For letting agents, preparing for higher expectations around property condition means developing consistent processes now for identifying and documenting problems across their portfolios.

How Quickly Should Letting Agents Respond to Mould Complaints?

There should be a clear distinction between responding to a complaint and resolving the underlying problem.

Some issues may require immediate attention, while others require inspection before the appropriate repair can be determined.

What agents should avoid is allowing a mould complaint to sit unacknowledged or undocumented.

A practical process could begin:

Complaint received → Complaint acknowledged → Urgency assessed → Inspection arranged → Evidence recorded → Landlord informed → Appropriate action instructed → Tenant updated → Follow-up completed.

If there is reason to believe there is an immediate or serious risk to the occupants, the issue should be escalated accordingly.

Agents should also remember that existing housing obligations continue to apply before the new Decent Homes Standard takes effect. The government has explicitly stated that landlords must continue meeting existing repair, housing-condition and fitness obligations.

What Evidence Should Letting Agents Collect?

A defensible property reporting process starts with good evidence.

When damp or mould is reported or identified, records should include where appropriate:

• Date and time the problem was reported
• How the complaint was received
• Tenant’s description of the problem
• Exact location within the property
• Date of inspection
• Written observations
• Photographs
• Visible extent of damp or mould
• Condensation observed during the visit
• Condition of nearby windows and surfaces
• Apparent condition of ventilation
• Visible leaks or water staining
• Relevant maintenance concerns
• Recommendations for further investigation
• Landlord and tenant communications
• Contractor instructions
• Work completed
• Follow-up findings

This creates much more than a record showing that mould existed.

It establishes what the agent knew and when they knew it.

Read more: What Letting Agents Should Document After a Mould Complaint

Photographic Reporting: Document More Than the Mould

Photographs are particularly important when recording damp and mould.

Government guidance recommends photographing and documenting mould before it is removed.

However, one close-up photograph of a patch of black mould provides limited context.

A stronger photographic report should establish both the problem and its location.

This might include a wider photograph of the room, a photograph showing the affected wall or ceiling and detailed images of the mould itself.

Relevant surrounding features can also be recorded where appropriate, including windows, extractor fans, vents, pipework, staining and damaged surfaces.

This gives landlords, property managers and contractors a clearer picture of what was visible during the inspection.

Document Facts, Not Assumptions

The language used in property reports matters.

Consider the difference between:

“Tenant has caused mould by not ventilating the bedroom.”

and:

“Visible mould noted around the bedroom window and adjoining external wall. Condensation present on the internal window pane at the time of inspection.”

The second records observable facts.

Unless responsibility or the underlying cause has been properly established, agents should avoid presenting assumptions as conclusions.

This is particularly important because damp and mould can result from multiple interacting factors.

Document Ventilation Advice Given to Tenants

Tenant communication should also form part of the evidence trail.

Where appropriate, tenants can be provided with practical information about managing everyday moisture, such as using extractor fans when cooking or showering, avoiding obstructing ventilation and reporting persistent condensation or defective ventilation.

But providing ventilation advice should not replace investigating the property.

If a tenant is told to use an extractor fan but the fan is defective, the underlying issue remains.

Similarly, repeatedly advising a tenant to open windows does not resolve a leaking roof, defective gutter or water penetration.

The record should therefore distinguish between:

• Advice provided to the tenant
• Property-related issues requiring investigation or maintenance

Where important advice is given, documenting it in writing can provide a record of exactly what was communicated and when.

Read more: Ventilation, Condensation and Tenant Communication: Best Practice for Letting Agents

Routine Property Visits Can Identify Damp Before a Complaint

A defensible damp and mould process should not begin only when a tenant complains.

Routine property visits can identify early warning signs such as:

• Excessive condensation
• Small areas of mould
• Water staining
• Peeling paint
• Musty smells
• Damaged sealant
• Visible leaks
• Deterioration around windows
• Apparent ventilation problems

Government guidance recommends periodic checks for damp and mould and associated risk factors and encourages landlords to use scheduled visits to look for potential problems.

These reports also create a valuable historical record.

If mould is reported six months later, previous inspection photographs may help establish whether there were earlier signs of the problem and how the condition has changed.

Read more: How Routine Property Visits Help Identify Damp Early

Create an Inspection Record That Shows What Happened Next

Finding mould is only the first part of the process.

A strong inspection record should lead into a clear action trail.

For example:

• 12 September: Tenant reports mould around bedroom window.
• 14 September: Property inspected and photographs taken.
• 14 September: Landlord informed and further investigation recommended.
• 16 September: Contractor instructed.
• 18 September: Contractor attends and identifies required repair.
• 21 September: Remedial work completed.
• 5 October: Follow-up inspection completed and condition documented.

The specific dates and actions will naturally differ between cases, but the principle remains the same.

Someone reviewing the property file later should be able to understand what happened without relying on the memory of the property manager who originally dealt with it.

Follow Up After Remedial Work

Removing visible mould does not necessarily resolve the cause.

If water continues entering the property, ventilation remains defective or another underlying issue has not been addressed, the mould may return.

Government guidance recommends having processes for checking whether treatment has been successful and whether damp and mould have reappeared.

Where appropriate, a follow-up inspection can therefore record:

• Whether mould remains visible
• Whether new growth has appeared
• Whether the affected area appears to have improved
• Whether agreed repairs have been completed
• Whether further investigation is required

This closes the evidence loop:

Complaint → Inspection → Evidence → Action → Repair → Follow-up → Outcome.

Building a Defensible Process Across Your Portfolio

For letting agents managing large portfolios, consistency is particularly important.

If one property manager takes detailed photographs and records every communication while another simply writes “mould reported”, the agency does not have a consistent property reporting process.

A standard procedure can establish:

1. What happens when a complaint is received.
   Record it, acknowledge it and assess its urgency.
2. What evidence should be collected.
   Create written observations supported by clear photographic evidence.
3. What happens after the inspection.
   Escalate relevant findings and record recommendations and instructions.
4. What the tenant is told.
   Document relevant advice, updates and expected next steps.
5. What maintenance is undertaken.
   Retain contractor findings and completion records.
6. How the case is closed.
   Where appropriate, conduct a follow-up and record the outcome.

The result is not simply a mould report. It is a chronological record demonstrating how the issue was managed.

Property Reporting in a Changing Regulatory Environment

Awaab’s Law, the new Decent Homes Standard and wider reforms to the private rented sector are increasing the focus on property condition and landlords’ responses to serious hazards.

The new Decent Homes Standard will introduce a specific requirement for rented homes to be free from damp and mould when it takes effect in 2035, while the government has committed to extending Awaab’s Law to the private rented sector.

For letting agents, the practical lesson is not to wait for regulatory deadlines before improving reporting processes.

Accurate inspection records, photographs, documented communications and clear follow-up procedures can already help agents manage properties more effectively.

Professional Property Reporting from No Letting Go

No Letting Go provides professional property reporting services for letting agents, landlords and property managers across the UK.

From inventories and check-ins to routine property visits and specialist reports, our services provide detailed written and photographic evidence of property condition throughout the tenancy.

For damp and mould concerns, consistent reporting can help agents establish previous condition, identify developing issues, document complaints and create a clearer record of the action taken.

As expectations around rented property standards continue to develop, having an organised and reliable property reporting process can help letting agents demonstrate a more proactive approach to property condition.

Find your local No Letting Go office to discuss professional property reporting for your portfolio.