9:25 AM, 25th September 2024, About 3 months ago 52
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Damp and mould issues have long been one of the biggest problems for tenants in rented properties.
Up until recently, tenants could only force landlords to take action if the damp was caused by some kind of ‘disrepair’ in the property – for example, a hole in the roof or crack in the wall that allowed water to seep in.
Although the first ‘hazard’ in the housing health and safety rating system (HHSRS) used by Local Authority Environmental Health Officers to assess properties is ‘damp and mould growth’, tenants living in afflicted properties were dependent upon Councils to arrange for HHSRS inspections to take place.
Then, if the landlord failed to take remedial action, they were again dependent upon Councils to bring enforcement proceedings.
Landlords, though, generally take the view that they are not at fault. If only the tenants would:
All would be well.
The trouble is:
So, what are they to do?
Most tenants will choose eating over heating, and clothes must be washed and dried somewhere.
Up until 20 March 2019 (in England), landlords could ignore tenants’ complaints if there was no actual disrepair at the property. However, the Homes (Fitness for Human Habitation) Act 2018 changed things.
Under this act, landlords have a duty to
Since December 2022, there has been similar legislation in Wales.
The act sets out various criteria, one of which is ‘any prescribed hazard.’
So, a property which is found to have damp and mould under the first hazard in the HHSRS will be ‘unfit’. Entitling tenants to sue for compensation and an injunction ordering the landlord to bring the property up to standard.
Few claims have been brought, though, as tenants fear retaliatory eviction under section 21.
However, for those claims which have been brought (for example see here), the damages are 100% of the rent. As tenants cannot get any value from a property which is unfit for human habitation.
In the meantime, in 2020 a toddler Awaab Ishak was found to have died due to respiratory problems caused by the excessive damp and mould in his (social) rented property.
This caused a massive scandal and made government determined to stamp out the problem of damp and mould in rented properties for good – whether they are in the social or the private rented sector.
This began with Michael Gove for the Conservatives but will continue under Labour.
Landlords will have little sympathy if their properties are found to be damp and mouldy. Claims that it is all due to ‘tenant lifestyle issues’ will receive short shrift unless landlords can prove that they have done all that they can.
The solution could well lie in the improvements landlords will need to make in due course, to bring their property up to an EPC C rating.
Properties which are properly insulated, have double or triple-glazed windows and doors, and proper ventilation will not usually suffer much from damp issues.
They will also be cheaper to heat, particularly if they have solar panels and heat pumps installed. Meaning tenants will be able to afford to heat the property properly (and may have more money left over to pay the rent!).
So, it is to both landlords’ and tenants’ advantage to get these improvements done as soon as possible.
At the time of writing, the minimum EPC rating for rented properties is still E and section 21 has not yet been abolished.
However, this is due to change.
The Renters Rights Bill, when it becomes law (believed to be by summer 2025), promises to end section 21 no-fault evictions ‘ immediately’. And we are told that Energy Secretary Ed Milliband is determined to raise the energy efficiency standard for private and social rented properties to C by 2030.
So, landlords have a limited period of time in which to act.
My advice to landlords is to carry out a thorough check of your property to ensure that there are no damp issues and, if you find anything, to carry out improvement works as soon as possible.
In order to help landlords, I have developed a Dealing with Damp Kit, based on training and a checklist provided to my Landlord Law members by EHO Paul Fitzgerald.
The Kit (which contains detailed video help) is only available to Landlord Law members but we are making the checklist freely available. It can be downloaded from here.
The time for landlords to put all the blame for damp and mould issues on tenants is past.
That is to say, tenants can be blamed, but only if landlords can show that they have done all that they possibly can to make the property damp and mould-free (so make sure you keep proper records).
This means tackling the causes rather than just wiping down mould-covered walls.
One of the best ways to deal with damp issues is to improve the energy efficiency of the property to level C. This will kill two birds with one stone –
Landlords are advised to get work done before the Renters Rights Bill becomes law, as then tenants will no longer be deterred by the prospect of being retaliatory evicted under section 21. No win, no fee claims companies are probably rubbing their hands with glee at the prospect.
Claims relating to damp and mould problems are likely to result in a finding that the property is ‘unfit’ in which case damages will almost certainly be for 100% of the rent.
You have been warned!
Tessa Shepperson.
Tessa is a specialist landlord and tenant solicitor and author of www.landlordlaw.co.uk.
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Section 21 ban could trigger eviction surge - Expert
Sam B
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Sign Up12:33 PM, 25th September 2024, About 3 months ago
Reply to the comment left by Tessa Shepperson at 25/09/2024 - 12:15
Hi Tessa, Thats news to me - reviewing epc standards Have you got a reference? .All but one of my properties is EPC rated C. The one that is not is 65. As far as I can tell the only difference is the 65 (D rated) one is it is a solid wall one. The EPC's were done almost 9 years ago would you suggest quickly doing them now rather wait closer to the expiry time? I had assumed all C rated properties would remain the same and the D one same to. Now I am thinking are the goal posts going to be changed.
Keith Wellburn
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Sign Up12:37 PM, 25th September 2024, About 3 months ago
My own Victorian home would be an F at best if it had an EPC - big single glazed original sash windows and high ceilings, it has full gas CH used sparingly as I mainly use either the wood burner in the sitting room or open fireplace in the bigger living room. I stopped using the tumble dried a couple of years ago and dry washing on airers in the house.
It doesn’t suffer from mould or damp. And of the 14 Victorian terraced I owned as rental properties including 5 student HMOs it most definitely was not the few that managed to scrape a EPC of C that were free of mould issues - in fact the worst EPC was an E in a HMO with 4 students - in twenty years I never had a single complaint of damp or mould and that was because it retained its lovely original sash windows and still had open fireplaces (not in use I might add).
Whilst the other houses with no fire places and uPVC double glazed windows COULD be lived in without problems - plenty of students coming and going each year proved that- it only needed slight inconsiderate use of the property to tip over into condensation and mould.
At the end of the day, provided there are no repair issues and the basics are there such as fans in kitchens and bathrooms it comes down to Relative Humidity. Above 60% and you have problems, absolutely essential to keep it below this and also understand that over heating and temperature fluctuation outside an acceptable range can cause problems.
There will be a field day as so few understand the technical issues and the problem is however much you insulate there will always be a relatively cooler area where condensation will occur if the lifestyle basics aren’t followed.
(I’d also question the automatic assumption that heat pumps will lead to great savings. My Electricity tariff is FOUR times that of gas per kWh and the COP of a heat pump (leveraging the electrical energy in to get a higher output is less than 4). I’m not sure Miliband's GB energy will avoid power cuts in 2030 let alone dirt cheap power. And solar has poor synergy with UK heating demand and is unlikely to save the tenant money in my opinion as the LL will need to increase the rent to cover the installation, not cheap if it’s a decent one with battery storage.
Bryan
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Sign Up12:46 PM, 25th September 2024, About 3 months ago
Reply to the comment left by Property One at 25/09/2024 - 11:55
I have been using the Soler & Palau range. They have silent fans (around 25dBA), they have PIR versions in most sizes and highest flow for the size range against other makes. Airflow QuietAir is also a useful range. Check TLCDirect for prices. They are more expensive but so far so good.
Happy Landlord
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Sign Up12:57 PM, 25th September 2024, About 3 months ago
I have a reasonable property portfolio with a range of properties, with EPC's from E to B and it makes not a jot of difference - it is almost always tenants life style and its always at the landlords risk - explain to me if you can why a property that I may have owned for 15 or 20 years and has had may be 4 or 5 different tenancy's suddenly becomes riddled with mould and damp - in one recent case in the North East I was fined for allowing a property to become a risk to my tenants - it is purely tenants life style - the two or three previous tenants never had any issues with damp or mould - a situation which the local authority refused to accept - it would have been too inconvenient - the current couple are retired - normally a better situation as there is the option of windows being left open to ventilate the house but not in this instance. On another occasion at the different end of the country a couple of young lady's rented one of our properties and the walls ran with water (literally) We have owned this older property for nearly 20 years - it was a bit susceptible to damp being of solid wall construction but basically no mould and in good condition. When a complaint was made about damp, we discovered that not just one but two cloths driers were in the lounge drying cloths and no windows were open - is it any wonder why there was damp? - even then we installed a built in dehumidifier (which was promptly disconnected). I have to say that I was very glad when the tenants left - My point is that people do not know how to live - you can give them as many leaflets as you like - tell them that a property needs ventilation but they invariably do not believe you - often they cannot afford to heat the property and open windows, which is understandable, however if they do understand they still take little notice - by the way I am a building surveyor of some 60 years standing who has spent most of my life dealing with this type of issue - but you can be sure that it is always the landlord which gets the blame for the tenants life style aided and abetted by councils who have no idea - or don't want to know the truth as it is rather inconvenient
Bryan
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Sign Up12:58 PM, 25th September 2024, About 3 months ago
Reply to the comment left by Tessa Shepperson at 25/09/2024 - 12:15
The EPC process is a bit of a joke. Very inaccurate and relying on opinions on certain items. There are stories of assessors needing to cut holes in walls to prove you have insulation. The system is under review but I don't have faith there is anybody intelligent on the review team to create a fair system. As for heat pumps and other upgrades this is a massive cost and a misunderstanding that this will save money or reduce bills. Heat Pumps are best suited to underfloor heating which is not economical or even possible in some older properties. As it runs on lower temperatures it needs all the radiators changed in a property to 50% bigger. It runs on electricity and in the depths of winter uses an internal electric heat element to compensate when the heat pump part cannot cope. This means expensive electricity bills and as we know electricity is 4 times the cost of gas for the same heat output. The most economical and environmentally friendly system is a gas combi boiler but nobody is going to listen to that.
Keith Wellburn
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Sign Up13:01 PM, 25th September 2024, About 3 months ago
Reply to the comment left by Bryan at 25/09/2024 - 12:46
Yes, they are decent pieces of kit - with sizing on any brand the smaller 100mm diameter fans are only suitable for simple cloakrooms, anywhere there is steam produced needs a bigger fan in my experience.
GARY RIVETT
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Sign Up13:30 PM, 25th September 2024, About 3 months ago
Reply to the comment left by Sam B at 25/09/2024 - 12:33
Just for reference,
I have an older-style property with a very low D rating, I followed all the advice on the old EPC and spent the money to upgrade the property to a C, replacing the boiler, more insulation etc, etc. I added up that I should have e been awarded a C rating of 71 points.
I had another assessment done, paid for it and I was surprised to only get 65 points and the property remains a D.
I am not happy and have complained to the assessor who immediately dumped me on to the accreditation company who are looking into it.
I wonder what their decision will be—no prizes for the winner.
When they wriggle out of the problem with BS answers, I will have no option but to install SVP to get the remaining points needed, and will have to raise the rent on the property again.
If it were me, I would get the EPCs done on all my properties so that I know exactly where I am.
Don't be surprised if you get a much lower rating than you were expecting.
Tessa Shepperson
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Sign Up13:31 PM, 25th September 2024, About 3 months ago
Reply to the comment left by Sam B at 25/09/2024 - 12:33
I don't have any inside knowledge. But I know people have been saying for a while that EPCs are not fit for purpose. For example see this LandlordZone post from a few years ago https://www.landlordzone.co.uk/news/opinion-the-epc-ratings-system-is-not-fit-for-purpose
Here is another more recent article https://www.kammaclimate.com/news/2024/06/6-reasons-epcs-alone-are-a-poor-measure-of-energy-efficiency/
Whether something will be done about it is another matter, but I would not be surprised. Note that I am a solicitor and not a builder or EHO so cannot comment on technical issues.
havens havens
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Sign Up14:05 PM, 25th September 2024, About 3 months ago
more responsibility for ensuring properties are actually livable. For me, the solution is clear—improving energy efficiency with things like better insulation and ventilation not only helps with damp but also makes the place cheaper to heat. It’s a win-win for both landlords and tenants, so acting now before stricter rules hit makes the most sense.
Aussie Nick
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Sign Up16:26 PM, 25th September 2024, About 3 months ago
Reply to the comment left by Property One at 25/09/2024 - 11:42
The first one we bought is a Meaco. It has a laundry dry function on it which works great. Leave your clothes overnight with this on and they're dry the next morning. The only downside to this unit is the holding tank which needs emptying periodically.
The latest one we just purchased is a Blyss that we bought from B&Q...this one has the hose which drains back into the shower so it's ideal for the bathroom. We simply run a power lead from another room.