Rising and Penetrating Damp
To be responsible for disrepair arising from damp the tenant has to establish a claim for damage and injury as a result of damp which is caused by a structural problem, as damp in its self is not actionable. There has to be a cause for which the landlord has been put on notice by the tenant, but has failed to take steps to repair.
A landlord cannot avoid a duty to put and keep in repair their property but they are not obliged to carry out repairs unless they are aware a problem exists (S11 Landlord and Tenant Act 1985). If you visit the property for other reasons, or your agents or contractors do, then you are likely to be on notice of a problem raised by the tenant to those people, even if you have not seen it yourself.
It is essential for landlords to react immediately to a complaint of damp and carry out an investigation to ensure that either it not become a legal matter or if it does that the damp is dealt with quickly and efficiently to prevent legal and repair costs being incurred or increasing sharply.
Condensation is often caused by lack of ventilation, lack of heating or other causes not of a structural nature, so in many cases this is not a problem landlords can be sued for, unless the damp is so severe that it is a statutory nuisance as it is injurious to health (S79 Environment Protection Act 1990) or if the property does not conform to the Homes (Fitness for Human Habitation) Act 2018, it will be safe, healthy and free from things that could cause serious harm including condensation. If this is the case, then no you are not responsible.
An independent report from a Surveyor specialising in Damp problems can help to show what the cause of the damp is and who is responsible for the damp.
If it is the tenant’s lifestyle which is the cause of the condensation, then it is their responsibility to resolve the issue.