Description
How can landlords intervene to break the cycle of damp and mould in their rental properties?
No-one likes living in a property with black mould, and the death of toddler Awaab Ishak in 2020 after developing breathing problems because of the black mould in the flat his parents rented from a housing association show just how important it is for landlords to take damp and mould seriously.
There's often more than one cause of black mould, and it's important for landlords to get to the bottom of it.
This is another very practical episode for landlords. Suzanne Smith and Richard Jackson discuss the different types of damp, what causes black mould, the practicalities of landlords' responsibilities, what landlords should do if a tenant reports damp and mould, and some practical tips to help landlords and tenants to stop condensation mould coming back.
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What we cover in this episodeWhat are landlords' legal obligations about mould?The Decent Homes Standard and Awaab's LawThe different types of damp2. Condensation damp2. Water penetration3. Rising dampWhat is black mould?What causes black mould?What must a landlord do if a tenant reports black mould?Tips to reduce the risk of black mouldThe importance of keeping recordsThe importance of a collaborative problem-solving approach with tenants
What are landlords' legal obligations about mould?
The law requires all privately rented properties to be fit for tenants to live and free from serious hazards that are harmful for health.
If damp and or mould are present in a rental property, it's the landlord's responsibility to identify the underlying causes of the problem so that they can be addressed.
In fact, Government Guidance published in 2023 states that landlords must take damp and mould seriously, assess the underlying causes with urgency, take appropriate action and keep tenants informed.
Landlords have a legal obligation to maintain the fabric of the building, and remove the source of the moisture to reduce the risk of damp and mould. From a practical perspective, this means that landlords should fix such as misaligned downpipes, blocked guttering, leaking waste pipes, missing roof tiles etc.
Tenants on the other hand are responsible for keeping the property in a “tenant like manner”.
>> Related blog post: What does “tenant-like manner” mean?
>> Related blog post: How should landlords best tackle damp and mould?
The Decent Homes Standard and Awaab's Law
The Renters' Rights Bill is introducing some new obligations on private landlords, not only to comply with a new decent home standard for the PRS, which will the hazards of damp and mould, but also Awaab's Law.
"Awaab Law's" is the name given to Section 42 of the Social Housing (Regulation) Act 2023 which requires social landlords to fix reported health hazards within specified timeframe, still to be confirmed.
The Renters' Rights Bill will extend Awaab's Law to the private rented sector. They haven't yet clarified how they will do this, although in the Guidance to the Renters’ Rights Bill says that details will be set out in regulations, after consultation on how best to apply Awaab’s Law to the PRS “in a way that is fair, proportionate and effective for both tenants and landlords”.Second Reading . T
>> Related episode: Election special: What the manifestos say about rental reform
>> Related blog post: Renters’ Rights Bill and the Decent Homes Standard...
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