5th November 26 | Residential Property Law

Tenant Not Paying Rent and Reporting Damp: What Should Landlords Do?

If your tenant is not paying rent and reports damp, address both issues promptly. An arrears dispute does not remove your repairing obligations, and a complaint about damp does not automatically cancel the tenant’s rent liability.

For a landlord managing a property by themselves, this can feel overwhelming. You may be covering the mortgage from your salary while trying to arrange a contractor around work. The tenant’s messages may focus on mould while yours focus on overdue rent. Without a clear plan, neither conversation moves forward.

This guide explains a practical approach for private residential landlords in England.

Respond to the damp complaint on its own merits

Acknowledge the report from the tenant and ask for enough information to arrange an appropriate investigation. Find out where the damp appears, when they first noticed it and whether there are concerns about anyone’s health. Photographs will help but they do not establish the cause.

Avoid assuming the complaint is a tactic because it arrives after a missed payment. Equally, acknowledging the problem does not require you to accept an unverified explanation of what caused it.

Tell the tenant what steps propose to do and when they can expect an update. For example, you might confirm that you are contacting a suitably qualified contractor to arrange an inspection. Keep that commitment under review if availability changes.

Investigate the cause rather than guessing

Damp can have several causes, including leaks, water entering through the building and condensation associated with inadequate ventilation or heating. More than one factor may be involved.

The government’s damp and mould guidance emphasises identifying underlying causes and responding sensitively to residents. Simply telling a tenant to open the windows may leave a defect unresolved.

Ask the person inspecting the property to record their findings and recommended work. A written explanation is more useful than an invoice saying only “mould treatment”. Where health risks are serious, seek appropriate urgent assistance rather than waiting for the rent dispute to be settled.

Understand your repairing responsibilities

Landlords’ responsibilities commonly include the structure and exterior and installations for water, sanitation, heating and hot water. Relevant duties also concern whether the home is fit for human habitation. The precise position depends on the type of tenancy and the nature of the disrepair. GOV.UK guidance on repairs explains the basic responsibilities. Do not make work for which you are responsible conditional on the tenant paying the arrears first.

Arrange access properly

For routine inspection and repairs, give appropriate notice in accordance with the tenancy and arrange a reasonable time and mutually convenient date. A genuine emergency requires separate consideration.

Notice should not be treated as permission to force entry if the tenant objects. If an appointment fails, record what happened and propose alternatives. Ask whether working hours, caring responsibilities or another practical issue is preventing access.

If access remains refused, seek advice about the lawful next step. Repeated unsuccessful visits are a reason to review the position, rather than to use your keys regardless. The government’s guidance on tenant rights and responsibilities covers access and the tenant’s right to quiet enjoyment of the property.

Keep the rent record accurate and separate

Maintain a schedule showing the rent due, payments received and outstanding balance. Continue recording payments while the repair issue is investigated, including small or irregular amounts.

Do not silently deduct estimated repair compensation or add your own disputed charges to the rent figure. Keep a separate note of any proposed adjustment and whether it has actually been agreed.

This is particularly useful when messages contain several issues at once. “The rent balance is £2,550” and “the contractor is available on Thursday” are distinct points, even if they appear in the same email. Clear records make it easier to see where the parties agree and where advice is needed.

Can a tenant withhold rent because of damp

Tenants should generally continue paying rent while repairs are being addressed. Withholding it can expose them to arrears action. Nevertheless, a landlord should not assume a rent claim will be unaffected by the condition of the property.

A tenant may pursue compensation for a breach of repairing or fitness obligations. In proceedings, they may seek to offset that compensation against rent claimed. Depending on the evidence and outcome, this can impact whether a landlord will recover possession or not.

Preserve a clear record of both issues

Record	What it helps establish
Rent schedule and bank statements	What was due and what was paid.
Original complaint and later messages	What was reported and when you became aware.
Dated photographs and inspection findings	The condition and possible causes.
Access requests and replies	Arrangements offered, agreed or unsuccessful.
Work orders and contractor invoices	What was instructed and completed.
Follow-up correspondence	Whether problems continued after the work.

Keep original messages where possible. A short chronology can refer to the supporting emails or WhatsApp conversations, rather than replacing them with selected screenshots. If an earlier response was delayed or unclear, include it. Your solicitor needs an accurate account, including the difficult parts.

What to do if a solicitor or the council contacts you

Do not leave a formal letter unanswered while trying to complete repairs. Read the stated deadlines and obtain advice promptly. Send your solicitor the entire letter and attachments, together with any earlier reports about the same problem.

Council involvement and a tenant’s civil claim are not the same process. Be clear on which issues the council deem are requiring immediate action and seek advice as early as possible to prevent the council from issuing fines or going in and completing the works themselves and charging you for the work.

It can help to appoint one person to coordinate contractor communications and keep a shared record of appointments. This reduces the chance that your solicitor, managing agent and contractor are working from different versions of events.

Take stock before deciding on possession

Before serving a notice, have the arrears, repair history and tenancy documents considered together. The question is not simply whether money is overdue. You need to understand any disputed liability, the evidence supporting the possession ground and the consequences of the proposed step.

Ask for advice in stages if the immediate uncertainty is narrow. For example, an initial review might identify missing evidence and the issues requiring investigation before a decision about proceedings can sensibly be made. Confirm the scope and cost first.

Speak to a solicitor about the complete picture

Hopkins offers support with rent arrears and disrepair disputes. When enquiring, explain both issues, mention any urgent deadlines and ask which documents are needed for the first review.

You do not need a perfect file before making contact. A rent schedule, the tenancy agreement and the earliest available damp correspondence provide a useful starting point. An informed assessment can help you understand what to address now and which decisions can follow once the evidence is clearer.

Further information

See the Homes Fitness for Human Habitation guidance and the consultation on extending Awaab’s Law.

This article provides general information about the law in England and does not replace advice on an individual tenancy.

If you require legal support regarding a tenant issue, reach out to us today by clicking the “Request a Callback” button, or give us a call on 01623 468 468.

Request a Callback