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Evening Standard
Evening Standard
Business
Greg Pitcher

Mould and damp: what are private tenants’ rights and responsibilities?

(Alamy/PA)

More than 300,000 privately rentinghouseholds in England suffer from mould and condensation difficulties, according to government figures.

The scale of both the problem and the potential consequences has been thrust into the spotlight since the tragic circumstances of Awaab Ishak’s death were revealed.

A coroner ruled last month that the toddler’s fatal respiratory condition was caused by exposure to mould in his home.

“The tragic death of Awaab will and should be a defining moment for the housing sector in terms of increasing knowledge, increasing awareness and a deepening of understanding surrounding the issue of damp and mould,” added coroner Joanne Kearsley.

So what are your rights and responsibilities towards mould as a private tenant in London? Read our guide below.

What are mould and damp and why should I worry about them?

Insurance giant Axa explains in its home maintenance guide that mould — a form of fungus — builds up where moisture from everyday activities such as cooking, showering and drying clothes can not escape due to insufficient ventilation. Often this leads to condensation on hard and cold surfaces, creating damp conditions and then mould.

The NHS warns that damp and mould can affect your immune system and make you more likely to suffer from respiratory issues including asthma. It adds that the very young and very old are particularly sensitive to the substances, as are those with existing breathing or skin complaints.

Although small amounts of mould can sometimes be easily removed, it will keep coming back unless the source of the problem is tackled. “If you have mould or damp it is important to find out why you have excess moisture in your home,” says the NHS guide.

What do I have to do about damp and mould as a tenant?

HomeLet urges renters to take action “right away” if they spot mould or damp. “If you don’t, it will worsen, cause more damage and potentially cause you to be seriously ill,” says the firm, which provides insurance to landlords and tenants.

Excess moisture can get into a property through several methods, HomeLet explains, including leaky roofs, cracked walls, a lack of insulation, plumbing problems and blocked gutters. All of these are likely to be a landlord’s responsibility, although you should check your tenancy agreement for any specific clauses.

Beyond this, mould can be exacerbated and even caused by tenant lifestyle. Ensuring windows are open when wet clothes are drying inside, or water is being boiled, can go a long way to managing moisture levels, and is expected from tenants.

Similarly, keeping a reasonable level of warmth in the property during the winter, and not allowing water in unnecessarily, is strongly advised.

London estate agents Petty Son and Prestwich also advise covering saucepans with lids, opening wet windows briefly each morning and keeping furniture 10cm from external walls.

When should a landlord get involved with tackling and preventing mould and damp?

Citizens Advice breaks down the types of damp leading to mould into four camps — construction damp; rising damp; penetrating damp; and condensation damp. A surveyor can help identify which one is present in a property where required, the charity adds.

Landlords are generally responsible for tackling all four types, Citizens Advice says, but there are specific exemptions, as detailed in its advice page. Again, the body stresses the importance of using your home in a “reasonable way” — not drying clothes on heaters, or disabling fans for example — to make it easier to show landlord responsibility for excessive moisture.

Homelessness charity Shelter says a landlord should take steps to prevent damp where a physical repair is required or the issue is damaging health.

Leaking internal pipes, broken heating systems, missing roof tiles, faulty guttering, rotten window frames and cracked walls should all be dealt with by the property owner, according to Shelter.

If repeated repairs don’t work then permanent improvements may be required by a landlord. Ultimately your home must be fit to live in from the moment your tenancy starts until the moment it ends.

How can you make a landlord fulfil their responsibilities?

Communication is the key to a successful landlord-tenant relationship. A property owner may not know there is a problem until they are notified, and then they will need to be satisfied that there isn’t something simple a tenant can do to fix it.

Shelter has a template letter for requesting a repair from a landlord. The charity urges tenants to keep strong records of correspondence, conversations and visits.

Landlords should fix things that break through everyday wear and tear, rather than avoidable damage, the charity says, and it outlines a procedure for achieving this. If you are unable to persuade the owner directly, further steps include complaining to a letting agent, contacting the council and finally considering legal action.

Going through the courts should be seen as a last resort but can be successful.

A government spokesperson said: “Nobody should have their health put at risk by landlords who provide unsafe housing, and this government will do everything it can to protect tenants.

“Legal aid is available for a number of housing issues, including for people at serious risk of harm due to housing disrepair and there is free online advice to check eligibility.”

Ultimately, keeping rented homes free of damp and mould is in both the tenant’s and landlord’s best interests and any problems are best tackled collaboratively where possible.

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