Whose responsibility is it to deal with damp and mould?
The upcoming content will discuss who is responsible for dealing with damp and mould
In 2022, according to the 2021-22 English Housing Survey, problems with damp were most prevalent in the private rented sector, with 11% of homes having reported problem in 2021, versus four per cent of social rented housing and two per cent of owner-occupied homes.
The previous English Housing Survey states that part of the reason why such a relatively high percentage of properties in the private rented sector are affected is because they are, on average, older.
That means they’re more likely to have failing damp proof courses and damage to the fabric of the property that could lead to damp problems – particularly if landlords aren’t on top of maintenance and repairs.
Another reason why damp, condensation and mould are common issues in rented properties, is that tenants might not ventilate their homes properly and might fail to report problems at an early stage.
If they’re not dealt with quickly, damp and condensation can both lead to mould forming. And if mould is allowed to grow and spread, it can be damaging, both to your tenant’s health and the property.
But whose responsibility is it to deal with damp and mould issues in your rental?
The answer is that it’s your job to put things right, regardless of who you believe might have caused the problem in the first place. That’s because, as a landlord, you’re legally obliged to maintain your tenant’s home in a good state of repair, and that includes making sure it’s kept free from damp and mould.
On 8 September 2023, following the tragic death of two year old Awaab Ishak in 2020 due to prolonged exposure to mould in his family’s housing association home, the Government published comprehensive guidance on damp and mould in homes. The aim of the guidance is to make sure that both social and private sector landlords have a thorough understanding of their legal responsibilities and the serious health risks that damp and mould pose.
The guidance explicitly states that tenants should not be blamed for damp and mould and that it is the responsibility of landlords to identify and address the underlying causes of the problem, which may for example be structural or inadequate ventilation.
Responding to the guidance, Sean Hooker, Head of Redress at the Property Redress Scheme, said:
It is no longer acceptable to blame issues on the way tenants live, as normal life such as cooking, washing and drying of laundry have to continue. Instead, landlords and their agents must be sensitive to the needs of tenants and work with them to understand and change behaviour where appropriate. They should also thoroughly investigate the underlying causes behind the problems and follow up to make sure things have improved.
It's important that landlords read the guidance, which states:
Landlords must ensure that the accommodation they provide is free from serious hazards, including damp and mould, and that homes are fit for habitation. They must treat cases of damp and mould with the utmost seriousness and act promptly to protect their tenants’ health.
The guidance offers an overview of what landlords should consider when addressing reports of damp and mould and provides examples of best practice to help reduce the health risks to tenants and potential damage to the property.
The guidance also includes advice on responding to reports of damp and mould and how to take a proactive approach to reducing the risk of damp and mould.
Damp and mould growth is one of the 29 recognised hazards under the Housing Health and Safety Rating System – see GOV.UK for guidance for landlords on this – and landlords are ultimately responsible for making sure their property is free from hazards, so must attend to any structural defects of disrepair that may cause the growth of damp and mould.
However, condensation due to a lack of ventilation or lifestyle factors can also cause damp and mould, so it’s important that landlords communicate with tenants.
This will help them understand what steps they can take to reduce condensation in the home, thereby reducing the risks of mould or damp growth.
