Damp and mould problems

Damp and mould is a common problem in rented housing. There are several potential causes of damp and mould problems. It is a landlord's responsibility to deal with damp and mould if it is caused by disrepair or poses a risk to health and safety.

Legislation requires landlords to take action to deal with disrepair and safety problems. Some of this legislation overlaps. For example, a problem with the structure of a property that is covered by section 11 Landlord and Tenant Act 1985 could also be classed as a hazard under the Housing Act 2004.

Condensation

Damp and mould is often caused by condensation, which occurs when moisture is in the air. Condensation can be caused by normal activities such as bathing or boiling kettles.

A tenant can reduce condensation by improving ventilation. For example, opening windows or using extractor fans where provided.

Condensation damp might caused by design flaws in the property, for example if the property cannot be ventilated properly because of a lack of ventilation, such as extractor fans or small windows.

Damp caused by condensation might be the landlord’s responsibility to resolve if it is:

• causing a health and safety issue

• causing damage to the structure and exterior of the property

• caused by a repair problem which hasn’t been fixed

Penetrating damp

Damp and mould can sometimes be caused by penetrating damp. Penetrating damp can occur when there is a leak or water ingress, such as from damaged or broken:

• roofing or guttering, including downpipes

• plumbing or pipework

• brickwork or pointing

Penetrating damp might be the landlord's responsibility to resolve if it is:

• caused by problems with the structure and exterior of a property

• caused by problems with the supply of water or heating

• causing a health and safety issue

Rising damp

Rising damp occurs when moisture in the ground rises into the property. Rising damp affects the ground floor of properties, up to around one metre high.

Rising damp might occur if there is no damp proof course or if it has failed. A damp proof course is a layer of waterproof material in the wall of a building near the ground, fitted to prevent rising damp.

Rising damp might be the landlord's responsibility to fix if it is:

• causing a health and safety issue

• causing disrepair under section 11 of the Landlord and Tenant Act 1985, such as damage to plaster

• caused by a failed damp proof course

A landlord might have to install a damp proof course if there is not one. For example, if the absence of a damp proof course leads to disrepair or a health and safety problem.

Damp and mould: understanding and addressing the health risks for rented housing providers is aimed at social and private rented landlords and other providers of residential accommodation.

The guidance sets out the legal responsibilities of landlords to their tenants and the serious health risks posed by damp and mould. It provides an overview of what landlords should consider when addressing reports of damp and mould. It gives examples of best practice to help reduce the health risks to the tenants and potential damage to the property, as well as support landlords to demonstrate to the relevant regulators that they are seeking to meet their legal duties.

The guidance states it is the landlord's responsibility to identify the underlying causes of pervasive damp and mould, such as structural issues or inadequate ventilation, and to find long term solutions.

The Secretary of State has written to social landlords to inform them about the publication of this guidance and remind them that damp and mould should not be dismissed as a ‘lifestyle choice’ of tenants.

A tenant must act in a tenant-like manner in their home. This means completing minor maintenance and repair jobs, such as changing lightbulbs or bleeding radiators.

A tenant can reduce the risk of damp and mould by:

• allowing ventilation by opening windows and using extractor fans where provided

• keeping furniture away from walls to allow air to circulate around the room more easily

• ensuring that the property is heated properly

Find out more about heating, hot water and power problems if a tenant is unable to heat their home.

Reporting repairs

A tenant must report disrepair or safety issues to their landlord.

A tenant can give notice of disrepair or safety problems either verbally or in writing. It might help to report repairs in writing so that there is a written record. This can be used as evidence if the landlord does not take steps to resolve the issue.

A tenant must also allow access to the property for the landlord or their representatives to complete repairs work.

Find out more about allowing access and other problems during repairs.

A tenant should continue to pay rent even if they are experiencing issues with disrepair in their property.

Damp and mould is known to cause risks to health. Certain groups are particularly vulnerable to the impact of damp and mould, including children, older people and people with asthma.

A landlord is responsible for resolving damp and mould problems which are causing health and safety issues.

Find out more about a landlord's health and safety responsibilities.

Fitness for human habitation

A landlord must ensure that the property is fit for human habitation on the day it is let and throughout the tenancy.[1]

Fitness for human habitation includes whether a property is free from damp.[2]

A property which is affected by damp and mould is not fit for human habitation if it is not reasonably suitable for occupation.[3]

Hazards

A property is not fit for human habitation if it not reasonably suitable for occupation due to a prescribed hazard.[4]

A hazard is defined as any risk of harm to the health and safety of an occupier.[5] The risk must arise from a deficiency in the dwelling, HMO or other building or land in the area.

Damp and mould is a prescribed hazard in the Housing Health and Safety Rating System.[6]

Find out more about the definition of hazards.

Statutory nuisance

A nuisance is something that interferes with a person's right to use and enjoy their property. It covers things like noise, smoke, odours, and infestations. Statutory nuisance refers to the types of nuisance that are prohibited by law, for example, because they are a risk to health.

Statutory nuisance includes when a property is ‘in such as state as to be prejudicial to health or a nuisance’.[7] Damp and mould can be prejudicial to health.

A landlord would not be considered responsible if the damp and mould has occurred because the tenant has not used the heating system properly.[8]

Section 11 of the Landlord and Tenant Act 1985 states that a landlord must keep in repair the structure and exterior of the property.

A landlord must also keep in repair and proper working order the installations in the property that supply:[9]

• gas and electricity

• heating and hot water

• water and sanitation

When a damp and mould problem is caused by a problem with these areas, such as the structure and exterior of the property, a landlord would be responsible for repairing the problem under section 11. For example, penetrating damp caused by a roof leak.

Find out more about a landlord's repair responsibilities under section 11.

Express terms

A tenancy agreement might contain clauses creating additional obligations for a landlord. Social housing tenancy agreements often include express terms regarding disrepair.

The tenant should check their tenancy agreement for any additional terms.

A tenant should gather evidence if they want to take action against their landlord due to damp and mould.

Evidence of reporting repairs

The tenant should make sure that there is a record that they have reported the damp and mould problem to their landlord. It might be best to report the problem in writing, such as by email or online messages so that there is a written record.

A tenant reporting damp and mould over the phone should make a record of:

• when the report was made

• how the report was made

• who the report was made to

Medical evidence

A tenant could try and obtain medical evidence where damp and mould is affecting the health of someone in the household. Evidence about the health effects of the problem might help the tenant take further action.

The tenant could speak to their GP to ask for medical records or a supporting letter.

Information about any specialist treatment a member of the household is receiving as a result of damp and mould can be used as evidence that the problem is a hazard or means the property is unfit for human habitation.

Surveyor’s reports

A surveyor’s report can be used as evidence of the cause of the damp and mould problem.

Identifying the cause can help to establish whether the landlord is responsible and what works are needed to correct the problem.

A tenant could pay for a surveyor to complete a report themselves. Where a tenant is receiving legal help with damp and mould, their solicitor might be able to instruct a surveyor.

A tenant experiencing damp and mould problems in their home should report the problems to their landlord.

If their landlord does not resolve the issue, a tenant might need to take further steps to resolve their problem. The tenant might be able to:

• get help from the local authority

• make a complaint to the landlord

• take court action

Local authority enforcement action

A tenant of a private landlord or housing association experiencing damp and mould problems could report the issue to their local authority environmental health department.

Local authorities must keep the housing conditions in their area under review.[10] Where appropriate the authority should inspect accommodation to assess whether any hazard exists under the Housing Health and Safety Rating System (HHSRS).[11] An inspection should assess whether any hazards are present.

The HHSRS Operating Guidance provides guidance for local authorities on assessing damp and mould as a hazard. The assessment includes whether there are threats to health from an increased prevalence of mould, house dust mites and fungal growths resulting from dampness or high humidities.[12]

It also includes threats to mental health and social well-being which might be caused by living with damp and mould.

Where the authority finds hazards, it can take action including:

• recommending the landlord make repairs

• making an improvement order requiring the landlord to do works

• making a prohibition order preventing anyone living in the property

A local authority will often take informal action first, such as writing to the landlord, before serving any formal notice.

This is not an option for local authority tenants. The environmental health department is part of the local authority and cannot take legal action against itself. The tenant can complain to the Housing Ombudsman about the local authority's failure to deal with the damp and mould problem.

Find out more about local authority duties to deal with poor conditions.

Complaints and the Ombudsman service

A tenant experiencing damp and mould problems might want to make a complaint to their landlord.

Local authority landlords and housing associations should have a formal complaints process. The tenant can escalate their complaint to the Housing Ombudsman if the issue is not resolved or they are unhappy at the end of the landlord's complaints process.

The Ombudsman investigates whether there has been maladministration causing injustice.

The Ombudsman can make recommendations for action to be taken and compensation to be paid to the tenant. Compensation is likely to be lower than any compensation awarded by a court.

The Housing Ombudsman has shared examples of good practice for how landlords can handle damp and mould complaints.[13]

Find out more about complaints to the Housing Ombudsman.

Claims for breach of contract and negligence

A tenant might be able to take action for breach of contract where the landlord is in breach of their:

• repair obligations under section 11 of the Landlord and Tenant Act 1985

• health and safety obligations under section 9A of the Landlord and Tenant Act 1985

Tenants need legal assistance to make a claim. Legal aid might be available where:

• there is a serious risk of harm to the health and safety of the occupiers

• the tenant is financially eligible

Financial eligibility for legal aid is assessed based on the claimant's income and capital. A person must have a low income or be in receipt of certain benefits to be eligible for legal aid.

A tenant who is not financially eligible for legal aid might be able to get help under a conditional fee agreement. This is also known as a ‘no win no fee’ agreement.

A claim for damages could also be raised as a counterclaim or defence to a possession claim based on rent arrears. Legal aid is available for defending possession claims if the person is financially eligible.

Find out more about legal aid for housing and debt problems.

Risks of taking action

An assured shorthold tenant could be at risk of being served with a section 21 eviction notice after they report damp and mould. Find out more about section 21 notices.

A section 21 notice is not valid in some situations where the local authority has taken enforcement action against a landlord due to disrepair. This is known as retaliatory eviction. Find out more about what makes a section 21 notice invalid.

The tenant might be tempted to withhold payment of rent while the repairs are outstanding. This is a risk because the landlord can start possession proceedings for rent arrears.

A tenant might have to consider moving out of their property, when damp and mould problems cannot be resolved or extensive repairs are needed.

Applying as homeless

A person is homeless if it is not reasonable for them to continue to occupy their accommodation.[14] For example if the property is affected by severe damp and mould.

A tenant can approach the local authority to make a homeless application.

Tenants should seek advice before leaving accommodation. A local authority could find that a tenant who leaves is intentionally homeless if the accommodation was still reasonable to occupy.

Find out more about the homeless application process.

Giving notice

A tenant who decides to leave and needs to give notice to end their tenancy must serve a valid notice.

Find out more about how a tenant can end a tenancy.

Decants

A social landlord might decide to move the tenant from the property temporarily while repair works are completed. For example where there are major works needed which affect multiple properties in the same building.

Social landlords should have a policy on when decants are used and the terms under which alternative accommodation is provided.