How should landlords handle damp and mould issues?

Hi, hope this post comes as helpful and can kick off some useful discussions. It’s about damp and mould, the risks, and mitigations as well as a (my current) case study.

I own and self-manage an ex-local authority flat in South East London and it’s been fine (concerning damp and mould) for years. A new tenant moved in over two years ago – no major concerns or complaints. At the start of the year, we extended this for a further year. I visited them in person to discuss it and sort out the paperwork etc. Nothing was flagged and nothing was immediately concerning.

In May, I received a video from the tenant of a mould-ridden wall behind a bed which they moved (it was backed up against an external wall). Over the next week or two, I received more and more pictures, videos and voice notes of mould and concerns about health and wellbeing.

I had a survey carried out and a mould remediation programme completed all within around three weeks from the first report. The survey identified extractor fans which weren’t working, so I got my electrician to address this (stronger fans with humidistat). I also noticed trickle vents were blocked/full of dust, so I’ve arranged a glazier to replace all the trickle vents in the flat.

As soon as the treatment was completed, the tenants’ issues (like mould) spread to a variety of other things. We are working through these, and I’ve regrettably given in to some unreasonable demands because rent was being held at ransom. Live and learn, it could be worse.

In the meantime, the tenant has complained to the council about me, claiming it’s been reported for 5+ months and I’ve done nothing. The council have delegated this to a charity. Needless to say, I am in touch with the officer and am putting some facts straight, with evidence.

I’ve even put together a 6 page report consisting of the whole matter end to end (up to the date of the report). Which includes some comments that the tenant has carelessly made to me, such as being unable to operate their food business, and being unable to pay their cooker/helper. This is a 2 bed flat, not a commercial kitchen (and it’s a bit of a coincidence there’s high humidity and mould).

Given the exposure, I’ve gone and done a load of research – what is the landlord’s responsibility, what the tenants should do, what can the council do etc. I’ve read the Decent Homes Standard, papers around Awaab’s Law and Housing Health and Safety Rating System (HHSRS).

But I cannot seem to find any guidance that says something like ‘a landlord is compliant/meeting their obligations if they do XY and Z’ – why isn’t this said anywhere?

Damp and mould is treated as a severe hazard (HHSRS), the same degree as a fire. But unlike a fire, landlords have guidance to comply with (smoke and heat alarms, and test them periodically). If we comply, our risk is mitigated. There is no such approach to damp and mould. So what do we do?

The fact that lifestyle is not a defence, the only way I see it is that a landlord is responsible for tailoring their building to their tenant, somehow. I could have a reasonably breathable property (good extractor fans, sensible background ventilation) and Tenant A lives and cooks as I personally do, and there are no concerns.

Tenant A moves out and B moves in – they prefer to live in a way that naturally induces higher humidity levels. But that is now something the landlord needs to find a way to address?

It sounds absurd, and I hope I’m not misrepresenting or misunderstanding anything.

I will be grateful to hear from others on this topic.

Thanks,

Priten

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