How to Handle Mould Issues in Rental Properties: Landlord and Tenant Guide

Landlord Responsibilities for Mould in Rental Properties

Introduction

Mould in rental properties is a serious issue that can affect the health of tenants and the structural integrity of the property. Landlords in the UK have specific responsibilities to address and prevent mould growth, ensuring their properties are safe and habitable. This guide outlines the responsibilities of landlords concerning mould, steps to address mould issues, and how tenants can seek help if their landlord fails to act.

Legal Responsibilities of Landlords

1. Housing Health and Safety Rating System (HHSRS):

   • Under the Housing Act 2004, mould and damp are considered health hazards. The HHSRS assesses the potential risks to health from any deficiencies identified in dwellings, including damp and mould.

2. Landlord and Tenant Act 1985:

   • Section 11 of the Act requires landlords to keep in repair the structure and exterior of the property and ensure installations for the supply of water, gas, electricity, and sanitation are in proper working order.

3. Fitness for Human Habitation Act 2018:

   • Landlords must ensure that their properties are fit for human habitation at the beginning and throughout the tenancy. This includes being free from serious damp and mould.

4. Environmental Protection Act 1990:

   • Local authorities can serve an abatement notice if they consider the mould and damp to be a statutory nuisance. Landlords must take action to remedy the problem if such a notice is served.

Common Causes of Mould

1. Condensation:

   • Often caused by poor ventilation, lack of heating, and high humidity levels.

2. Leaks:

   • Water leaks from pipes, roofs, windows, or external walls can create damp conditions conducive to mould growth.

3. Rising Damp:

   • Occurs when moisture from the ground rises up through the walls of a property due to the lack of or failure in the damp-proof course.

4. Poor Ventilation:

   • Inadequate ventilation in areas like kitchens and bathrooms can lead to excess moisture and mould growth.

Steps Landlords Should Take to Address Mould

1. Identify and Fix the Source:

   • Investigate and repair the source of moisture causing the mould, whether it’s a leak, condensation issue, or rising damp.

2. Improve Ventilation:

   • Install or repair ventilation systems, such as extractor fans in bathrooms and kitchens, to reduce humidity levels.

3. Maintain Heating:

   • Ensure the property has adequate heating to prevent condensation and maintain a consistent temperature.

4. Regular Inspections:

   • Conduct regular property inspections to identify and address potential damp and mould issues early.

5. Professional Remediation:

   • If mould is extensive, hire professional remediation services to remove it safely and effectively.

6. Educate Tenants:

   • Provide tenants with information on how to prevent mould, such as ventilating rooms, using extractor fans, and not drying clothes indoors.

Tenant Rights and Actions

1. Report the Issue:

   • Tenants should report any signs of mould to their landlord or property manager immediately, preferably in writing.

2. Keep Records:

   • Maintain records of all communications with the landlord regarding the mould issue, including emails, letters, and photographs.

3. Allow Access for Repairs:

   • Cooperate with the landlord by allowing access for inspections and repairs.

4. Seek Help from Local Authorities:

   • If the landlord fails to address the mould problem, tenants can contact their local council’s environmental health department for assistance. The council can inspect the property and take enforcement action if necessary.

5. Legal Action:

   • In persistent cases, tenants can seek legal advice and consider taking legal action against the landlord for failing to maintain the property in a habitable condition.

How Fraser Bond Can Assist

At Fraser Bond, we provide comprehensive support for both landlords and tenants in managing and resolving mould issues:

1. Inspection Services:

   • We conduct thorough property inspections to identify potential causes of damp and mould.

2. Repair Coordination:

   • Our team coordinates with qualified contractors to address and repair the sources of moisture and remove existing mould.

3. Tenant Communication:

   • We facilitate clear communication between landlords and tenants to ensure issues are reported and resolved promptly.

4. Legal Advice:

   • Our legal experts provide advice and representation for both landlords and tenants in disputes related to mould and property maintenance.

5. Preventative Measures:

   • We advise on and implement preventative measures to reduce the risk of mould growth in rental properties.

Conclusion

Landlords in the UK have a legal obligation to address and prevent mould in their rental properties, ensuring they remain safe and habitable for tenants. By understanding their responsibilities and taking proactive steps to manage moisture and mould, landlords can maintain their properties effectively and protect tenant health. Tenants, in turn, should report issues promptly and know their rights if their landlord fails to act. Fraser Bond is dedicated to providing expert guidance and support to both landlords and tenants in managing mould and ensuring property compliance. Contact us today to learn more about how we can assist you.