Landlords must take damp and mould seriously

All landlords, of whatever size, must take the issue of damp and mould in the homes they let out seriously.

All landlords, of whatever size, must take the issue of damp and mould in the homes they let out seriously. Government figures estimate that the number of homes in England with damp and mould range from 4% to 27% of homes, or 962,000 to 6.5 million households. The reported figure varies due to differences in how damp and mould is measured and how it is reported. People living in private or social rented housing are more likely to live in a home with damp and mould than are owner occupiers.

The government has recently updated: 'Understanding and addressing the health risks of damp and mould in the home.' This is of importance to landlords as the guidance makes it clear that landlords should respond to reports of damp and mould and should take a proactive approach to reduce the risk of damp and mould. The guidance is primarily aimed at social and private rented housing providers in England and, where applicable, their workforce.

This guidance applies to all types of accommodation providers, including:

  • social landlords registered with the Regulator of Social Housing (RSH)
  • private landlords and managing agents
  • temporary accommodation providers
  • providers of asylum support accommodation
  • providers of accommodation for ex-offenders
  • tied accommodation.

The guidance is of more general interest because it contains details of the different regulations relating to damp and mould, stating:

'Private and social landlords must adhere to a number of regulations related to damp and mould. A lack of compliance can place a landlord at risk of prosecution or financial penalties. The legislation and standards are sometimes different for social and private rented landlords, but include:

  • Housing Act 2004
  • Environmental Protection Act 1990
  • Homes (Fitness for Human Habitation) Act 2018
  • Landlord and Tenant Act 1985
  • Decent Homes Standard
  • Minimum Level of Energy Efficiency standard.

Works to the heating and ventilation systems and replacement of windows are all controlled work. When undertaking controlled work, landlords must comply with the Building Regulations 2010.'

This is a reminder that letting out property is now a complex area; there are many regulations with which to comply. The private residential landlord and tenant sector is going to become even more difficult to navigate if the Renters Rights Bill becomes law – so anyone letting out a property should obtain professional advice to comply with existing requirements and to prepare for the new.

To discuss this or any other landlord and tenant matter, contact us.