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17 August 2026

Damp, Mould And Housing Disrepair In The Midlands: What Are Tenants' Rights? (17 August 2026)

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Duncan Lewis & Co Solicitors

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Duncan Lewis Solicitors is an award-winning and Times 200 ranked law firm offering expert services in 25 fields, including family law, business immigration, high net divorce, personal injury, commercial litigation, property law, motoring, education and employment.
Tenants across Birmingham and the wider West Midlands face serious health risks from damp and mould in their rented homes, yet many landlords fail to act on repair requests for months or even years. What legal obligations do landlords have to maintain safe housing conditions, and what remedies are available when they refuse to carry out necessary repairs?
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For many tenants across Birmingham and the wider West Midlands, damp and mould are not minor inconveniences. They are daily realities that affect health, wellbeing and quality of life.

Children sleeping in mould-affected bedrooms, families living without reliable heating, and tenants repeatedly reporting repairs that never happen are situations housing advisers encounter regularly. Whilst many tenants feel they have no choice but to tolerate poor conditions, the law places clear obligations on landlords to maintain homes in a condition that is safe and fit for human habitation.

A landlord's duty to keep a property in repair is not a matter of goodwill or best practice. It is a legal obligation that applies throughout the tenancy. Where landlords fail to meet those responsibilities, tenants may have legal remedies available to compel repairs and seek compensation.

What Problems Can Amount to Housing Disrepair?

Housing disrepair covers a wide range of issues that affect the condition, safety or habitability of a property.

Common examples include:

  • Damp and mould;
  • Defective heating or hot water systems;
  • Leaking roofs and water ingress;
  • Structural defects and cracks;
  • Faulty windows and doors;
  • Electrical hazards;
  • Pest infestations; and
  • Broken or unsafe fixtures and fittings.

These are not problems that tenants are expected to tolerate or simply manage around. In many cases, landlords have a legal responsibility to investigate and remedy them within a reasonable period.

Why Damp and Mould Should Never Be Ignored

Damp and mould can have serious consequences for both physical and mental health.

Children, elderly residents, and individuals with asthma or other respiratory conditions are often particularly vulnerable to the effects of prolonged exposure. Poor housing conditions can contribute to respiratory illness, worsen existing medical conditions, disrupt sleep, and significantly affect a person's enjoyment of their home.

Despite increasing awareness of the risks, many tenants across the Midlands continue to report repairs being delayed for months or even years. Complaints are acknowledged but not acted upon, inspections are promised but never take place, and temporary measures often replace meaningful repairs.

The Scale of the Problem

The extent of housing disrepair across the region has been well documented.

The Housing Ombudsman has repeatedly identified failures in the handling of disrepair complaints, including delays in carrying out repairs, poor communication with tenants and missed opportunities to resolve problems before they escalate. Whilst much of that scrutiny has focused on the social housing sector, poor housing conditions remain a significant issue within the private rented sector as well.

A £15 million programme to address hazardous damp and mould across thousands of homes in the West Midlands demonstrates the scale of the issue and the impact poor housing conditions continue to have on residents throughout the region.

Awaab's Law and Stronger Tenant Protections

Housing standards within the private rented sector are expected to strengthen further following the introduction of provisions associated with Awaab's Law through the Renters' Rights Act 2025.

The reforms are intended to ensure that serious hazards such as damp and mould are addressed more quickly and consistently, reflecting growing recognition of the risks poor housing conditions pose to tenants and their families.

Whilst further regulations and implementation details remain subject to consultation, the direction is clear: landlords are expected to take reports of hazardous conditions seriously and act promptly.

What Should You Do If Repairs Are Being Ignored?

The starting point in any housing disrepair case is to report the problem in writing.

Tenants should:

  • Clearly explain the issue and its impact;
  • Keep copies of all correspondence with the landlord or managing agent;
  • Take dated photographs of the disrepair;
  • Keep records of any medical issues connected to the conditions;
  • Retain evidence of any expenses incurred as a result of the problem; and
  • Seek specialist advice if repairs are not carried out within a reasonable period.

Good record keeping can be extremely important if legal action becomes necessary.

What Legal Options Are Available?

Where a landlord refuses to carry out necessary repairs, tenants may have several legal remedies available.

The court can order a landlord to carry out specific works and may award compensation for the impact the disrepair has had on the tenant's health, comfort and enjoyment of their home. In appropriate cases, local authority environmental health departments may also investigate and take enforcement action where serious hazards are identified.

Poor housing conditions and homelessness are often closely connected. Some tenants feel unable to complain because they fear losing their home, whilst others are eventually forced to leave accommodation that has become unsafe to occupy. Ensuring that rented properties are properly maintained remains an important part of preventing housing insecurity across Birmingham and the wider Midlands.

A Practitioner's Perspective

"One of the most common frustrations we hear is that tenants have reported the same problem for months, sometimes years, without any proper action being taken. Many people do not realise that landlords can be compelled through the courts to carry out repairs and compensate tenants for the impact poor conditions have had on their lives."

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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