Recently-released government directives put the responsibility for damp and mould in rental properties on their landlords.
The new guidance places private landlords on the same footing as councils and housing associations in that they could face unlimited fines if they don’t do anything to resolve damp and mould issues in their properties.
Damp and mould “not the result of lifestyle choices”
The housing secretary Michael Gove said that damp and mould in homes aren’t the result of lifestyle choices and so it’s the landlord’s responsibility to work out and address the underlying causes of damp. Such causes may include inadequate ventilation and structural issues in the property.
Four main points for landlords
The guidance comes from the Department for Levelling Up, Housing and Communities and the Department of Health and Social Care and it urges landlords to understand four main points.
All homes must be free from hazards at Category 1 level
The Housing Act 2004 says that properties must be free from Category 1 level hazards – the most dangerous level – as determined by the Housing Health and Safety Rating System (HHSRS). Mould and damp are Category 1 hazards.
Category 1 hazards are problems which make it likely that anyone exposed to them will need some kind of medical treatment over the course of a year.
All homes must be free from conditions that are prejudicial to health
The Environmental Protection Act 1990 gives local councils and tenants powers to take legal action when homes contain a ‘statutory nuisance’. Statutory nuisances can occur in properties that are in a condition likely to affect the health of tenants and this includes properties with damp and mould.
Properties must be fit to live in
New provisions in the Landlord and Tenant Act 1985 added by the Homes (Fitness for Human Habitation) Act 2018 state that properties must be free of hazards which can render the dwelling unsuitable for habitation. Damp and mould are included in these hazards.
Tenants can take action if their rental property isn’t fit for human habitation or if the landlord isn’t keeping it in good repair according to Section 9A and Section 11 of the Landlord and Tenant Act 1985. There’s no specified timeframe for repairs or remedial work, but landlords should respond and act promptly.
Private rentals must meet minimum energy efficiency standards
The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 state that privately rented properties must meet the Minimum Level of Energy Efficiency standard of Energy Performance Certificate (EPC) band E (unless they’re exempt).
These regulations don’t mention damp and mould, but the more energy efficient a home is, the less likely it is to have a condensation problem (as long as it’s properly ventilated).
Landlords will be supervised
The Renters Reform Bill is set to bring in ways to supervise landlords’ responses to and treatment of damp and mould, with The Housing Ombudsman handling tenants’ complaints of inaction.
In addition, the Property Portal will record landlords’ compliance (or non-compliance) with the Decent Homes Standards.
