# Can the council stop my landlord from letting out my flat if it has damp and mould?

- Jurisdiction: United Kingdom
- Practice area: Tenancy Law
- Published: 2026-10-24
- Last updated: 2026-10-24
- Canonical: https://lawasked.com/uk/tenancy-law/can-council-stop-my-landlord-letting-out-my

## Question

I live in a small two-bedroom flat in Manchester, England, and I have been struggling with severe damp and black mould in the bedroom for about six months now. It started getting worse back in November, and since then, my daughter has developed a persistent cough. I have contacted my landlord, Mr. Thompson, at least four times via email and telephone since January to ask for professional cleaning or repairs, but he keeps making excuses about the cost of the labour required. I even paid for a private specialist to come out last week, and they confirmed the mould is a serious health hazard caused by poor ventilation. I have already tried raising this with the local council's environmental health team, and they visited my home two days ago to inspect the premises. They seemed very concerned about the state of the property. I am now wondering if the local authority has the power to actually step in and legally forbid my landlord from allowing anyone else to live in this flat until these hazards are properly fixed, or if they can only just fine him?

## Summary

Yes, the council has the power to stop your landlord from letting out the flat. If they decide the mould is a serious hazard, they can issue a prohibition order to prevent people from living there until it is fixed.

## Analysis

Based on the inspection by the Manchester environmental health team, the council can take action if they find the damp and mould constitute a hazard. Under the Housing Act 2004, the council can issue what is called a 'prohibition order'—a legal command that stops a property from being used in a certain way to protect people [cite:uk-housing-act-2004-sec21]. 

If the council determines the mould is a 'category 2 hazard', they "may make a prohibition order under this section in respect of the hazard" [cite:uk-housing-act-2004-sec21]. This means they have the discretion to step in and forbid the use of the premises to ensure safety. If the hazard is even more severe and classified as a 'category 1 hazard', the council has a duty to consider making such an order [cite:uk-housing-act-2004-sec20]. 

Regarding your specific flat, if the council issues a prohibition order, it could specifically target the use of your two-bedroom flat. For flats, the order "may prohibit use of the building containing the flat or flats (or any part of the building)" [cite:uk-housing-act-2004-sec20]. This means Mr. Thompson could be legally barred from letting the flat to anyone else until the ventilation and mould issues are resolved. 

The law does not explicitly state whether the council will choose to fine him or issue a prohibition order; rather, it provides them with different tools depending on how dangerous the hazard is. Whether they choose to issue an order or simply fine him depends on the specific category of hazard they assign to the mould during their formal assessment.

## Statutory citations

- Housing Act 2004, Section 21 - Prohibition orders relating to category 2 hazards: power of authority to make order [in force] (https://www.legislation.gov.uk/ukpga/2004/34/section/21)
  > the authority may make a prohibition order under this section in respect of the hazard
- Housing Act 2004, Section 20 - Prohibition orders relating to category 1 hazards: duty of authority to make order [in force] (https://www.legislation.gov.uk/ukpga/2004/34/section/20)
  > if those premises are one or more flats, it may prohibit use of the building containing the flat or flats (or any part of the building)

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