The presence of damp and mould a property is not something any of us would choose to ignore, but for landlords it requires especially swift action and attention. Damp and mould can be damaging to occupants’ health, particularly over long periods, and there can be serious consequences for failing to address the issue.
The following is a guide to help landlords and agents when dealing with cases of damp and mould, including health implications, legal obligations, and upcoming changes to legislation.
Why such a serious issue?
Damp and mould can cause disease and ill health to anyone coming into contact with them. Health issues are predominantly caused by breathing in contaminated air, affecting the airways and lungs. The airborne spores created by mould are particularly dangerous to those with underlying respiratory issues or other related health conditions.
Even without the presence of visible mould, a damp environment can promote mould growth in hard to see areas, the effects of which may still be experienced by the tenants. Excessive moisture is also associated with the growth of bacteria, viruses, and dust mites – all of which pose a risk to health.
Living in a property with damp and / or mould present can also have adverse effects on mental health. This may be associated with unpleasant living conditions, concerns about damage to possessions, and stress over having to report the issue. With this in mind, it is essential for both landlords and property managers to understand their legal responsibilities and have a clear process for dealing with the presence of damp and mould.
Current Legislation
These are the 5 main legal standards that relate to damp and mould in rented homes:
- Homes must be free from ‘Category 1’ hazards (defined as causing the occupier a need for medical intervention) – Housing Act 2004
- Homes must be free from conditions that are prejudicial to health – Environmental Protection Act 1990
- Homes must be fit to live in (and this can consider the current occupier) – Landlord and Tenant Act 1985 / Homes (Fitness for Human Habitation) Act 2018
- Social Housing must meet the Decent Homes Standard (DHS) – meaning a reasonable state of comfort and repair
- Privately rented homes must meet EPC band E as a ‘Minimum Energy Efficiency Standard’ – Energy Efficiency Regulations 2015
It is important to note that the Renters Reform Bill (in its current form) will serve to broaden and extend legislation underpinning housing standards in the rented sector. The main updates relevant to this issue are:
- Introducing ‘Awaab’s Law’ to address hazards such as damp and mould in social housing
- New powers for the Housing Ombudsman, enabling social housing residents to complain directly to the Ombudsman
- Review Decent Homes Standard – applied to private rented homes for the first time
- Introduce ‘professional standards’, encouraging senior housing staff to gain recognised housing management qualifications
- Create new private rented property portal – as a means to raise and resolve complaints against their landlord
Application of the law
Whilst legislation is there to formalise landlords’ obligations, our advice would always be to take a common sense approach – to avoid such situations in the first place. A sensible start point is to have open conversations with tenants, encouraging a shared commitment to resolve any issues as they arise.
Landlords will be expected to take a sensitive approach to any problems reported to them (including issues with damp and mould) and take action promptly. To maintain good relations with tenants, involve them in your proposed course of action, and enlist the services of a qualified professional where the underlying cause is either difficult to identify or beyond the scope of simple remedy.
Blaming the tenants
It is neither acceptable or advisable to apportion blame for damp and mould to tenants’ ‘lifestyle’ choices, such as drying washing indoors or failing to open windows. These actions alone do not generally cause serious issues with damp or mould in an otherwise well-maintained home. There may be underlying reasons why tenants feel unable to adequately ventilate their home, such as concerns over safety / security, environmental noise or pollution.
The presence of damp and mould is often made worse during the colder months in poorly heated homes. Tenants may be experiencing fuel poverty, and / or the property may be especially expensive to heat. Landlords are therefore advised to take a ‘holistic’ approach in resolving the issues of damp and mould, including better heat insulation and damp-proofing the property.
Remaining compliant
We know that reports of damp and mould can sometimes be a small part of a much bigger picture. You may have tenants that are in breach of their tenancy agreement or you simply wish to end the tenancy. It may also be the case that tenants’ reports of poor repair are being used as a counter claim to delay or defend against steps to evict and take possession of the property.
By adopting a pragmatic and sensitive approach, you can reduce the likelihood of claims made against you and demonstrate your willingness to comply with regulation. This will also impact the likely success of your case, should you need the Court’s intervention further down the line.
