9:25 AM, 25th September 2024, About 2 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.
Previous Article
Section 21 ban could trigger eviction surge - Expert
Property One
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Sign Up16:31 PM, 25th September 2024, About 2 months ago
Reply to the comment left by Aussie Nick at 25/09/2024 - 16:26
Many thanks Nick
Property One
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Sign Up16:32 PM, 25th September 2024, About 2 months ago
Reply to the comment left by Bryan at 25/09/2024 - 12:46
Many thanks Bryan
Cider Drinker
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Sign Up17:35 PM, 25th September 2024, About 2 months ago
Reply to the comment left by Aussie Nick at 25/09/2024 - 16:26
I really wouldn’t run a power lead from another room to a shower room. At least, not in a tenanted property.
Aussie Nick
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Sign Up22:22 PM, 25th September 2024, About 2 months ago
Reply to the comment left by Cider Drinker at 25/09/2024 - 17:35
The crazy thing is in Australia, we are allowed to have power points in our wet areas. It's one thing that really annoys me about living in Britain.
So I have no issue running a lead into our bathroom. It's either that or have to deal with mould.
Which would you prefer?
Paul Smith
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Sign Up6:31 AM, 26th September 2024, About 2 months ago
Tessa - we all do stuff for money. So if as you say tenants don't heat a house and that can cause mould, then they can get their rent refunded.
Where some people are incentivised to create mould, sadly some will.
What is needed is a fair system where Landlords and tenants work together and when tenants or landlords don't comply they can also be penalised.
The cause of mould in the Awaab case was never determined but instead the remedies and law changes and landlord criticism never stopped flowing.
This is fine if the criticism is due but despite long and presumably expensive investigations the evidence was never properly assessed so the remedies are unsafe?
Be interesting to know what others think?
TheMaluka
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Sign Up7:21 AM, 26th September 2024, About 2 months ago
Reply to the comment left by Paul Smith at 26/09/2024 - 06:31
I have adjacent flats where one side of the dividing wall is covered in mould and the other is completely free. It's all down to the lifestyle of the occupants. The mould is on the surface of the paint whilst the wall is dry (Measured with a Protimeter Surveymaster).
Ian Narbeth
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Sign Up12:46 PM, 26th September 2024, About 2 months ago
Tessa, it would be great "to stamp out the problem of damp and mould in rented properties for good". This may happen when deaths in road accidents are stamped out.
Awaab's case was an extreme one and the family were not at fault. Unfortunately, it has led to bad law. The Government says we must not assume it is tenant's lifestyles but also that we must give advice on avoiding mould. Well, which is it? Either action/inaction by the tenant (aka "lifestyle") makes a difference or it does not. Are tenants uniquely ignorant of what causes mould?
There are particular problems with older properties that are no well insulated. Adding external insulation may be impractical (try losing 6 inches from a 30 inch wide passageway down the side of a house!). Adding internal insulation reduces the internal area of what are often small properties substantially and means complete redecoration, may require cornicing to be replaced, and requires carpets to be cut back and relaid. The EPC estimated costs ignore the costs of furniture moving, redecoration and re-carpeting.
Another problem is that making older houses airtight and not heating them (perhaps because the tenant cannot afford to) is that mould is more likely in some cases. It's a trade off. When I grew up and before we had central heating we put on an extra jumper.
I agree with you that landlords and managing agents will need to keep meticulous records. I expect some tenants will then complain about being "harassed" with advice on how to live.
Finally, why isn't this a problem for owner-occupiers? They often live in the same street and in similar houses to tenants who have problems with damp and mould. Why is the landlord at fault?
SCP
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Sign Up12:50 PM, 26th September 2024, About 2 months ago
Reply to the comment left by Bryan at 25/09/2024 - 10:25
Hi
As an aside, interesting use of language: the Indian couple " ... brought over from India for a 4-year job" - query, how did the South American couple get here?
If you are brought over here for 4 years only, you will economise as much as possible, so that you can take some savings back home.
This is not true of all Indian tenants here on a 4-year visa.
They are paid their Indian salary in India, and a sufficient supplement to live in England.
My daughter rents to such Indians only, and has no problems with them.
Her rents are lower, so in many cases the rent charged (by my daughter) is lower than the rental allowance paid by the Indian Employer to the Indian employee.
Tessa Shepperson
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Sign Up13:22 PM, 26th September 2024, About 2 months ago
This is a difficult issue and in many cases, there are no easy answers. I agree there are many properties where solutions are difficult, particularly if they are listed.
It may be that, in time technology will come to our rescue. For example by developing thin but effective insulation which can be installed on inside walls without making rooms (or passages) smaller.
Also as things like solar panels and heat pumps become more mainstream, they will get cheaper. Compare the cost of a personal computer in the 1980s with the cost now.
My article was a warning article to remind landlords that:
- Government and the authorities are unsympathetic towards landlords whose properties are subject to damp and and will give short shrift to claims that it is caused by the tenants’ lifestyle unless this is backed up by clear evidence
- Once the Renters Rights Bill becomes law, tenants will no longer be deterred by the threat of retaliatory eviction from bringing claims
- If a tenant succeeds in a claim that their property is unfit for human habitation, the usual award is 100% of the rent.
It’s up to you what you all do about this. All I am doing is issuing a warning.
But I suggest you try, if you can, to eliminate any damp issues before the bill gets the Royal Assent.
If you have done all you can, then make sure you have proper records to prove this. You may also want to check your insurance.
As regards owner-occupiers, I suspect they will come for us eventually.
Colette McDermott
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Sign Up12:24 PM, 27th September 2024, About 2 months ago
Its sometimes preventable, and can be caused by Painting the exterior with a nonbreathable paint.
I worked this out - in retrospect. Every time the council painted the exterior of the building, mould appeared and got worse each time they did it.
Such a no brainer...paint with breathable materials!! On a darker note the building was soon after compulsory purchased by the council on the basis that the flats were not properly built and had mold!!
The landlord used to live in the property, he was there aroud 6 years. No damp. No mould.
A few years after renting to tenants, we started to see issues with damp and mould.
We bought a dehumidifier and the 2 German tenants (who were exemplary, and were there for 3 years), told us as they were leaving, that they'd had to purchase a 2nd dehumidifier and that they had an increasingly hard job to keep it free of mould.
After they left, tenants who were less diligent ruined place because it was too difficult to keep the mould at bay.
The result was that the council is now knocking the whole building down and getting rid of most of the social tenants and will get some money from the developers. Very sad. Entirely preventable.