Renting and the law
Can I withhold rent because of damp and mould?
No, there is no automatic right to withhold rent because of damp and mould in England. The duty to pay rent and the landlord's duty to repair are treated as separate obligations, so stopping rent is not a recognised remedy and can put you in arrears and risk your home. The proper routes are: report the problem in writing, ask your council's environmental health team to inspect, bring a disrepair claim for compensation, or use the narrow common-law repair and deduct option with care. Take advice from Citizens Advice or a housing solicitor before touching the rent.
It feels logical: if the landlord will not deal with damp, why keep paying in full. But in England and Wales the law does not work that way, and acting on that instinct can backfire. This page explains why, and the routes that actually protect you. For the difference between damp types and how to spot a structural cause, see our rising damp versus condensation guide.
This is general information, not legal advice. Housing law differs across England, Wales, Scotland and Northern Ireland, and every tenancy is different. For advice on your situation, speak to Citizens Advice, Shelter or a housing solicitor.
Why withholding rent is not a remedy
Shelter and Citizens Advice both make the same point: as a general rule a tenant cannot lawfully withhold rent simply because repairs have not been done. The obligation to pay rent and the landlord's statutory duty to repair are separate legal duties, so failing on one does not cancel the other. If your rent falls into arrears, the landlord may gain a ground to seek possession, so withholding rent can risk your home rather than fix the damp.
The much safer first step is to report the problem in writing and keep a record, then escalate through the proper channels if nothing is done.
The routes that do work
Start by telling your landlord in writing and giving them a reasonable chance to act. Keep copies, dates and photographs. If they do not deal with it, ask your local council's environmental health team to inspect; they assess hazards under the Housing Health and Safety Rating System and can require a landlord to act where there is a serious risk. Damp and mould can be a category one hazard.
You may also be able to bring a disrepair claim for compensation, and in cases where you are already in arrears it can sometimes be possible to set off damages for the disrepair against what is owed. These are legal processes, so get advice from a housing solicitor or Citizens Advice rather than acting alone.
Repair and deduct, used carefully
Where a landlord has clearly breached their repairing duty, the common law allows a tenant in some cases to arrange the repair and deduct the reasonable cost from future rent. Shelter stresses the procedure must be followed exactly: notify the landlord in writing, give them the opportunity to do the work, obtain estimates in advance, and keep every receipt. If the steps are not followed, you can simply end up in arrears, so this route is best used only after taking advice.
Frequently asked questions
Is it ever legal to withhold rent for damp and mould?
As a general rule, no. In England and Wales the duty to pay rent and the landlord's duty to repair are treated as separate obligations, so simply stopping rent is not a legal remedy and can put your home at risk. There is a narrow common-law "repair and deduct" route, but it has strict steps. If you are unsure, get advice from Citizens Advice or a housing solicitor before doing anything with the rent.
What is repair and deduct?
It is a limited common-law option where, if your landlord has clearly breached their repairing duty, you arrange the repair yourself and deduct the reasonable cost from future rent. Shelter explains you must follow the procedure carefully: tell the landlord in writing, give them a chance to do the work, get estimates, and keep all receipts. Done wrongly it can leave you in arrears, so take advice first.
What happens if I just stop paying?
You can fall into rent arrears. Two months of arrears can give a landlord a possession ground, so withholding rent without following the correct process can risk your tenancy rather than fix the damp. Reporting the problem and using the proper routes protects you better.
Can I claim money back for living with damp?
Possibly. Where a landlord has not met their repairing duty, tenants can bring a disrepair claim for compensation, and in arrears cases it may be possible to set off damages for disrepair against what is owed. Citizens Advice and Shelter can explain whether this applies to your situation.
Sources
Editor, HomesAndHedge
Oliver Mackman is the editor of HomesAndHedge and is accountable for its editorial standards and sourcing. He ensures every claim is backed by a named source such as the Property Care Association, the RHS, the NHS or gov.uk, and that the site is clear about when a job needs a qualified professional.
Last reviewed: 8 June 2026