Landlords will now face unlimited penalties if they ignore damp and mould problems in their rental properties in England.
Housing Secretary Michael Gove says: “Damp and mould in the home are not the result of ‘lifestyle choices’, and it is the responsibility of landlords to identify and address the underlying causes of the problem, such as structural issues or inadequate ventilation.”
What are the Laws?
Recent guidance from the Department for Levelling Up, Housing and Communities, has highlighted the importance of agents being confident in their obligations under various legislation for example:
Under the Housing Health and Safety Rating System (HHSRS) mould and all types of dampness are classed as ‘Category 1’ hazards, meaning a tenant or visitor “may require some form of medical attention over the course of a year”. Local councils can also act for Category 2 hazards.
Under the Environmental Protection Act 1990 local councils have powers to take legal action where homes contain a ‘statutory nuisance’,
For example, where damp and mould may be harmful to the health of the tenant.
Homes must also be fit to live in under the Homes (Fitness for Human Habitation) Act 2018 , which requires that, properties are free of hazards which are so serious that the dwelling is not reasonably suitable for occupation in that condition. Damp and mouldy conditions can render a property uninhabitable.
Landlords and agents must respond to complaints about repairs promptly.
Be Confident In Your Knowledge
We have a number of lessons covering Damp, Mould and Condensation.
To be confident in repair obligations we have the following course content:
- Property Structure
- Property Management
- Lettings Legislation
COMING SOON “Decent Homes Standard”
Further changes are also expected under the Decent Homes Standard which will update the Housing Health and Rating System. These are the expected amends but are subject to change and no dates have been given by the Government yet.
- Combining and reducing the number of hazards to assess from 29 to 21
- Moving towards a “traffic-light approach” for assessment, with descriptions such as “extreme” or “moderate”
- Publishing an easy-to-understand checklist to help initially assess serious hazards
- Publishing new enforcement guidance
- Analysing how digital assessments could link with existing databases, and reviewing training requirements
- Reviewing the “fire” hazard, to reduce the risk of fire in tall buildings, after the Grenfell disaster
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