Landlord Maintenance Responsibilities for Damp and Mould
Damp and mould affects landlords and tenants across the country. Property expert Kate Faulkner explores whose responsibility it is and what to do.
- What is rising damp and mould?
- Tenant or landlord: who is responsible for mould and damp?
- What does Section 11 of the Landlord and Tenant Act 1985 cover?
- Landlord responsibilities for damp
- Landlord responsibilities for mould
- Landlord property management and repairs
- What does landlord insurance cover me for?
Damp is something that affects many homes across the UK and it takes several different forms. Rising damp occurs when water from below a building rises up through porous materials, such as bricks and mortar. This can be due to the property's damp course failing. The damp course itself is a layer of waterproof material in the building’s wall near the ground and is meant to prevent rising damp.
If the damp problem isn’t properly diagnosed by an expert and solved, mould can grow. Mould is a fungus that can adversely affect people’s health and reduce the value of a property.
Penetrating damp is caused by structural failures, such as leaking guttering, allowing water to seep through into a property. But what many people don’t realise is that the biggest cause of damp and mould is actually condensation. This occurs when the temperature hits a level called the ‘dew point’, where excess moisture in the air causes water droplets to form inside a property, resulting in condensation and surface mould.
There is a lot of confusion about who’s responsible for mould and damp in a property. Most of the misunderstandings occur because tenants and landlords don’t appreciate there are different causes of damp and without a professional to diagnose the problem, it’s hard to provide the right fix.
From a legal perspective, if the diagnosis suggests the cause is rising or penetrating damp, this means it’s the landlord’s responsibility to solve the problem. This is because both of these are caused by issues with the property’s structure.
Usually, where arguments occur between landlords and tenants, it’s when damp is caused by condensation, which is often a result of the tenant’s lifestyle. For example, every time we cook, hang washing inside, have a shower or even boil a kettle, we create lots of moisture. Plus, the more people there are in a property, the more moisture is produced. If this moisture can’t escape, and a well-insulated home without proper ventilation will prevent it from doing so, then condensation forms. This can quickly lead to damp and mould.
It can be tricky to know who’s responsible for resolving a damp issue. This is because if the tenants are causing the excessive moisture, some landlords may feel it’s their responsibility to adjust their lifestyle accordingly.
Some easy ways to keep condensation under control are to open windows, dry washing outside and make sure the property is heated evenly. However, I tend to find that tenants aren’t keen to open windows during winter months and many don’t want to pay to heat the property while they’re out and about.
The reality is that although condensation can be minimised by the tenant changing their lifestyle, it may be impossible for them to prevent it altogether, especially in well-insulated properties. That means it’s better for landlords themselves to invest in ventilating the property to eradicate condensation, regardless of who’s to ‘blame’. Not doing anything could result in damage to the property’s structure and reduce its value.
Not only is it a good idea for a landlord to take responsibility for solving any damp issues, it’s also a legal requirement under the ‘repairing obligations’ set out in Section 11 of the Landlord and Tenant Act 1985. The Act states that the “structure and exterior of the dwelling-house” as well as “the supply of water, gas and electricity” and “heating and heating water” need to be kept in working order.
As rising and penetrating damp are caused by structural issues, landlords must secure a correct diagnosis and get the problem fixed. If condensation is a major problem, especially if mould is forming, it can also be considered a structural issue. This means moisture clearly can’t escape from the property. Ventilation should therefore be installed to prevent mould from forming, because that can be harmful to the tenant.
The key responsibilities a landlord has when there are damp issues is to make sure a correct diagnosis is obtained and to carry out the treatment if it’s their responsibility – see above section on how to decide whose responsibility it is. This is because treating damp is a mandatory repair under the Housing Health and Safety Rating System (HHSRS).
If landlords adhere to the HHSRS it will help keep them on the right side of the law, protect the property’s value and ensure the tenant can live in the property safely.
When mould forms in a tenanted property it’s important to make sure you deal with it quickly and effectively, once you have accurately identified the cause.
The HHSRS, which landlords need to abide by (see link below), stresses that landlords must ensure mould doesn’t affect a tenant’s physical and mental health. Mould is a nasty fungus to live with and is known to cause breathing difficulties. Tenants who suffer from asthma or rhinitis conditions, or are taking any cancer treatment, may suffer serious health problems if exposed to it, so it is best to tackle it quickly and correctly.
A landlord’s duty to repair and maintain a property should be set out in the tenancy agreement. Obviously, a landlord can’t carry out repairs unless they know there is a problem, so the tenant has a responsibility to highlight issues as soon as they notice them.
If the tenancy started after 1st October 2015, once a problem has been reported, the landlord is legally obliged to respond to the tenant within 14 days. In writing they are required to state what they’re going to do and by when.
If the landlord doesn’t respond, the tenant can report the problem to their Local Authority, who can issue the landlord with a notice to fix the damp and mould. Under the new Retaliatory Eviction and the Deregulation Act 2015, if a landlord tries to evict the tenant within six months of a problem being reported in writing and not fixed, then it’s likely any Section 21 notice served can’t be enforced.
The key to preventing mould and damp in a tenanted property is making sure that the property is well maintained and well ventilated. In terms of general prevention, you should ensure that the roof, guttering and drains are all kept in good working order, particularly after heavy rain, storms or snow.
If condensation is an issue in the property, ventilation is the best solution, which will require expert advice from companies such as Envirovent.
Things like damp and mould caused by condensation are very much down to landlords and tenants to resolve. This is because it’s considered a maintenance issue and is therefore highly unlikely to be covered by insurance.
If the problems occur because proper maintenance wasn't carried out and the damp was caused by faults such as holes in the roof, a leaky gutter or an out-of-date damp-proof course, again it's unlikely to be covered by insurance.
Insurers have to look at the circumstances of each claim and the cover that's been chosen. If the property has been maintained properly then from a landlord perspective it’s more likely insurers will pay to get the damp and mould issues fixed if they're due to an ingress of water into the property following an insured incident, such as a storm, flood or damage to drains or underground pipes.
In a survey of 4,500 tenants by YouGov, on behalf of Shelter and British Gas, almost half said they had lived in “a property with damp (44%) or mould (48%) in the past year” (2013/4). As a landlord, it’s both your legal responsibility and a duty of care to your tenants to make sure your property is free of damp and mould.
To do this properly, you need an expert to diagnose the problem and then, ideally, secure a fix that also has a quality warranty. That means if there are any further problems - even if the company goes bust - the work is still covered.
Living with damp and mould isn’t only miserable, it also endangers a tenant’s health. Even if it costs thousands to fix, it’s worth it to make sure you stay on the right side of the law. And because damp and mould can wipe thousands off a property’s value, tackling the problem at the earliest stage will help ensure your investment isn’t adversely affected.