The combination of cold, damp weather and struggling families cutting back on energy by shunning the tumble dryer and central heating has lead to a rise in the amount of homes with mould problems this winter.
Condensation is the most common form of damp which can lead to mould growth. It appears when excess moisture in the air comes into contact with a cold surface, such as a window or a cold wall, and it can be caused by not ventilating or heating your home properly.
However, mould can also be caused by poor insulation or faulty heating, which are the responsibility of the landlord if you live in a rented property. Under an amendment in 2018 to the Landlord and Tenant Act 1985, tenants can apply to the court if they believe their rental home is “unfit for human habitation”, which it would be if excessive damp and condensation are causing significant mould problems.
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However this does not apply if the mould is caused by the tenants' actions. It's not always easy to work out who is responsible for resolving problems with damp because it can be difficult to find the exact cause unless it's obvious, such as a leaking roof.
Your landlord might be responsible for the damp if it means your home isn’t safe for you to live in - for example if it’s made you or your family ill, but can only act when they become aware of it, so make sure you report the problem to them straight away.
Here we explore the different kinds of damp your home may suffer from, what you can do to prevent mould and who's responsible to clear it up.
What is mould?
Mould spores are found in most indoor environments, but it isn’t until the spores find a home and begin to grow that they cause a problem. It sends new spores floating through the air, which allows it to spread and start new mould colonies elsewhere. Mould growing on surfaces may look nasty, but dead mould spores circulating in the air are also dangerous.
When is mould the landlord’s fault?
When the mould is the result of a maintenance issue or structural problem in a rental property, the responsibility generally lies with the landlord.
When is mould the tenant's responsibility?
In the absence of structural problems such as rising damp, leaking pipes, or a broken extractor fan, the responsibility may lie with the tenant. Drying clothes on radiators and not ventilating bathrooms and kitchens can lead to mildew and mould growth.
Different types of mould and damp
Rising damp: Rising damp is when moisture travels up from the ground to the height of about one metre. Your walls will be damp at the bottom and you can sometiumes see a 'tide mark' at the height the damp has risen to.
You can check if you have a damp proof course by taking a look at the damp wall from the outside. Look at around 30cms or so up the wall from the ground, and you should see a thin black line of either slate or plastic running horizontally across the brick work. This is your damp proof course. Check that you have not piled soil or anything else above this line or blocked any air bricks, as these can stop the damp proof course working.
As your landlord is responsible for keeping the structure of your home in good repair, any repair of the damp proof course will usually fall at his or her door. However, if your home doesn't have a damp proof course, your landlord will not necessarily be be responsible for putting one in, as the work may be regarded as an improvement rather than a repair.
Penetrating damp: Penetrating damp is what happens when water enters into your home from outside, for example because of a leaking downpipe, roof or rotten windows or doors. In most cases where the damp is caused by disrepair, the landlord is responsible for sorting out the problem.
Construction damp: Construction damp is where damp is caused by a problem in how the property was designed, for instance if the basement becomes damp in wet weather because it has not been tanked. If the design problem doesn't affect the structure or exterior of your home or cause any damage to the building, then your landlord may not have a responsibility under the tenancy agreement to prevent the damp. However, your landlord is responsible for repairs if a design problem causes damage to the building, for example to a wall or ceiling plaster.
Condensation: Condensation generally happens when a property can't deal with normal levels of water vapour because of a lack of insulation, ventilation or heating, or a combination of all three. It is the most common form of damp in rented properties and also the most common complaint from tenants to landlords.
This type of damp can occur anywhere. It can result in mould growth, damage to furniture and belongings and in some cases mite infestation.
It can be caused by a tenant not ventilating or heating their home properly but it can also be caised by poor insulation, or faulty heating and ventilation systems that are the responsibility of the landlord.
Your landlord will probably be responsible for dealing with damp if:
Your tenancy agreement says they’re responsible;
The damp was caused by your landlord not making repairs to your home;
The damp has caused damage to your home that your landlord has to repair - for example, if it’s caused window frames to rot.
However, if your home has condensation, how you use it is important. The following things can create extra moisture or reduce ventilation:
Portable gas or paraffin heaters – these heaters put a lot of moisture into the air;
Drying wet clothes on heaters – it's best to dry clothes outside or in the bathroom with the door closed and the window open or fan on;
Using a tumble dryer with no outside vent – unless a tumble dryer is a self-condensing type, it should be vented to the outside
Blocking ventilation – for example, covering air vents, closing ventilators and switching off or disabling fans.
You are also expected to ventilate and heat your home properly so that damp doesn't build up. It usually helps to have a low background temperature of at least 15 degrees in all rooms.
You can also help prevent condensation by:
Covering pans when cooking;
Closing internal doors when you cook or shower;
Leaving a gap between furniture and external walls
Opening bedroom windows for half an hour when you get up
What your landlord should do
Once you have reported damp, your landlord must:
Organise an inspection;
Carry out repairs within a reasonable time. Landlords generally get up to 28 days if the repair is seen as less urgent but the more serious the issue, the faster they are expected to act - with landlord association guidelines saying problems have to be dealt with in 24 hours if there's a "significant risk of danger to the health, safety or security of a tenant".
However, your landlord does not have to provide alternative accommodation during repairs.
If can you do if your landlord does not act?
Tenants in private rented accommodation and tenants of housing associations could contact the local authority's Environmental Health department. If the damp in your home is harmful to your health or is a nuisance, then it may be a statutory nuisance. Where there is a statutory nuisance, the local authority may be able to force your landlord to deal with the problem. Or the damp could be a risk to your health or safety and therefore a hazard under the Housing Health and Safety Rating System (HHSRS). There is lots of information on housing charity Shelter's website about the steps you can take if your landlord is not doing anything.
Taking court action
Taking court action can be costly and time consuming and you should only take it as a last resort. It costs between £25 and £455 to use a Small Claims Court - with fees rising depending on how much you're suing for and whether you're suing online or using paper forms. Citizens Advice has more information on how to sue.
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