The risks of damp and mould: considerations for landlords

This article was co-authored by Abby Lancaster, Solicitor Apprentice, Sheffield.

New guidance on damp and mould published on 7 September 2023 aims to address concerns highlighted in a coroner’s report following the tragic death of two year old Awaab Ishak in December 2020.

What is damp and mould?

Damp is the build-up of moisture in a property and can affect walls, floors, ceilings, foundations, home furnishings, and belongings such as carpets and wallpaper. Damp can lead to the growth of mould. Irrespective of the type of damp, landlords are legally responsible for addressing damp and mould.

What are the health risks?

Damp and mould primarily affect the airways and lungs, but they can also affect the eyes and skin. The respiratory effects of damp and mould can cause serious illness and even death. Damp and mould in the home can also affect a tenant’s mental health. Everyone is vulnerable to the health impacts of damp and mould but people with certain health conditions, children and the elderly are at a greater risk.

New guidance

Following the death of Awaab Ishak who died from a severe respiratory infection caused by prolonged exposure to damp and mould in his home, guidance has been published as a direct response to the Coroner’s report.

The guidance aims to improve standards in rented homes in England through the Social Housing (Regulation) Act 2023 and to ensure that landlords have a thorough understanding of their legal responsibilities and of the serious health risks that damp and mould pose. New guidance followed this Act entitled ‘Understand and addressing the health risks of damp and mould in the home’ which bolsters the main legal standards already set out in statute for housing providers including:

1. All homes must be free from hazards at the most dangerous category one level.
2. All homes must not contain conditions that are prejudicial to health.
3. Homes must be fit to live in.
4. Social housing Landlords must meet the Decent Homes Standard.

Landlords responsibilities

Landlords must treat cases of damp and mould seriously and act promptly to protect their tenant’s health. It is the responsibility of the landlord to identify and address the underlying cause of the problem, such as structural issues or inadequate ventilation. A lack of compliance puts tenants at risk and places the landlord at risk of prosecution or civil claims.

How will this guidance impact local authorities and housing associations?

Landlords will need to take every report of damp and mould seriously and with urgency where there are concerns about a tenants health. Observable evidence of dampness in a building such as visible mould, including condensation, is enough to warrant investigation. 

If not already in place, landlords will have to introduce measures to minimise damp and mould in the home. This can include proactive strategies such as properties being regularly inspected; deficiencies being remedied promptly; and Landlords should have a regular programme of maintenance and management. Knowing your housing stock to understand trends in estates and prevent damp and mould will be important.

Communication with the tenant will be key in building good relationships. For example, keeping tenants informed of the steps that will be taken to address the underlying issue causing the damp and mould and the time scale for these repairs. Landlords should be mindful that tenants will need notice for access for repairs to be carried out. Tenants may become frustrated and consider further action if they do not understand what works need to take place and how long this may take. Landlords are expected to inspect the home at least six weeks after remedial work to ensure the issue has been fixed. 

Landlords will need to be sympathetic to the reports of damp and mould. It is recognised that the lack of heating and/or ventilation can have an impact on its occurrence and the cost of living pressures will also impact this. Landlords should therefore be providing support, when possible, with tenants’ energy costs.

How will this impact on claims?

The court will take seriously the issues experienced by tenants given the potentially serious outcomes caused by inadequate housing conditions. Therefore, in order to defend housing disrepair claims involving damp and mould, the landlord will need to demonstrate that they have acted promptly. If all possible remedial action has been taken by the Council, then the landlord may be able to defend disrepair claims even if the damp and mould persists.

The landlord must have a clear and easy process for tenants to report damp and mould.  Record keeping will be important to demonstrate works carried out to tackle the underlying cause of the damp and also to help identifying trends on housing estates.

There is currently no specific timeline within which remedial work to address damp and mould must be undertaken. It remains to be seen how courts will interpret ‘prompt’ responses and the landlords own policy with timescales will assist the court. 

Comment

Local authority landlords and housing associations will be well versed in dealing with damp and mould. The guidance makes it absolutely clear that it is unreasonable to blame damp and mould in the home on lifestyle choices, which mirrors the Housing Ombudsman’s report from October 2021.

Working with tenants to help them reduce their damp and mould risk needs to sit alongside tackling the root cause of the issue. Often simply removing surface mould will not prevent the damp and mould from reappearing. 

We expect this new guidance will impact on an increase in housing disrepair claims, especially those involving an injury or mental health element, until such time as those claims attract the fixed recoverable costs regime.

Related item: The extended fixed recoverable costs regime is here