# Can my landlord delay fixing the damp in my flat until my new tenant moves in?

- Jurisdiction: United Kingdom
- Practice area: Tenancy Law
- Published: 2026-11-05
- Last updated: 2026-11-05
- Canonical: https://lawasked.com/uk/tenancy-law/can-my-landlord-delay-fixing-damp-my-flat

## Question

I live in a small flat in Manchester, England, and the dampness in the bedroom has become a real problem over the last three months. Back in January, the council inspected the property and issued a formal notice to my landlord, Mr. Thompson, stating he must carry out specific repairs to the walls and ventilation. However, when I spoke to him last week, he mentioned that the notice might be 'on hold' or suspended. He told me that because he has signed a formal agreement with the local authority, the deadline for him to finish the work won't actually start until my current fixed-term tenancy ends on the 31st of May and a new tenant moves in. He claims that the council agreed to this arrangement as part of an undertaking he made. I have already tried calling the local housing department to check if this is allowed, but they haven't returned my calls yet. I am really worried about living with this mould for another four months. Is it actually legal for the council to let him pause the requirement to do the repairs until a specific event happens, like a change in who is living in the property?

## Summary

It is possible that your landlord is telling the truth. Under UK law, a council can agree to suspend an improvement notice (a formal order to fix property issues) until a specific event occurs, such as a change in tenants.

## Analysis

Based on the information you provided, Mr. Thompson may be acting within his legal rights if the council has formally agreed to a suspension. Under the Housing Act 2004, an improvement notice—which is a legal order requiring a landlord to carry out specific repairs—does not always have to be acted upon immediately.

Specifically, the law allows for an improvement notice to be 'suspended' [1]. This means the requirement to do the work is put on hold until a certain time or a specific event happens [1]. The law explicitly states that the event chosen for this delay can be "the time when a person of a particular description begins, or ceases, to occupy any premises" [1]. In your case, the 'event' Mr. Thompson is referring to is the end of your tenancy and the arrival of a new tenant.

If such a suspension is in place, the notice only becomes 'operative'—meaning the legal deadline for the repairs to be finished actually starts counting—at the moment the suspension ends [2]. 

However, it is currently uncertain whether the council actually granted this specific suspension to Mr. Thompson. While the law allows them to do so, it is not a guaranteed right for every landlord; it depends on the specific 'undertaking' (a formal promise) Mr. Thompson made to the local housing authority [1]. You cannot be certain of the situation until you confirm if the council has officially issued a notice that includes these suspension terms.

## Statutory citations

- Housing Act 2004, Section 14 - Suspension of improvement notices [in force] (https://www.legislation.gov.uk/ukpga/2004/34/section/14)
  > An improvement notice may provide for the operation of the notice to be suspended until a time, or the occurrence of an event, specified in the notice. ... The time so specified may, in particular, be the time when a person of a particular description begins, or ceases, to occupy any premises.
- Housing Act 2004, Section 15 - Operation of improvement notices [in force] (https://www.legislation.gov.uk/ukpga/2004/34/section/15)
  > If the notice is suspended under section 14, the notice becomes operative at the time when the suspension ends.

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