Landlords Beware | Government’s New Guidance on Damp and Mould

The UK Government has recently updated its guidance on managing damp and mould in rental properties to protect tenants’ health and it has emphasised landlord responsibilities.

The guidance, Understanding and Addressing the Health Risks of Damp and Mould in the Home (‘the Guidance’), provides vital information for landlords, agents, and property managers on how to respond to reports of damp and mould, stressing the importance of proactive measures to prevent these issues. Failure to comply with these standards can expose landlords to legal actions and financial penalties.

Is this Guidance relevant to me?

This new Guidance applies to a wide spectrum of accommodation providers in England, including:

• social landlords registered with the Regulator of Social Housing (‘RSH’);
• private landlords and managing agents;
• providers of temporary accommodation;
• providers of asylum support and accommodation for ex-offenders; and
• tied accommodation providers.

Key Legal Standards for Damp and Mould Management

The Guidance has consolidated several legal standards relevant to landlords in addressing damp and mould. Each standard has specific requirements:

1. Housing Act 2004: Requires properties to be free from “category 1” hazards, such as severe damp and mould, which could impact occupants’ health. Local councils are responsible for enforcing this and can take legal action if hazards are identified. Failure to comply with these requirements could lead to prosecution and potentially unlimited fine set by the Magistrates’ Court or a financial penalty of up to £30,000 set by the local Council.
2. Environmental Protection Act 1990: States that conditions causing health risks or nuisance, like damp and mould, must be addressed. Councils enforce this by issuing abatement notices to landlords, and failure to comply may result in prosecution and a potentially unlimited fine set by the Magistrates’ Court.
3. Homes (Fitness for Human Habitation) Act 2018: Requires rented properties to be suitable for habitation and free of hazards that could impact health, including serious damp and mould issues. Tenants may take direct court action if landlords fail to maintain a habitable living environment. A Court can order that the landlord carries out the works necessary and that redress is paid to tenants.
4. Decent Homes Standard (“DHS”): Applies primarily to social housing, requiring that properties are well-maintained, with a reasonable degree of thermal comfort and without “category 1” hazards. The Regulator of Social Housing (“RSH”) enforces this standard for social housing, with powers to take action against non-compliant providers. The government plans to extend the DHS to the private rental sector in the near future.
5. Minimum Energy Efficiency Standards (‘MEES’): These regulations mandate that private rental properties must meet at least an Energy Performance Certificate (‘EPC’) rating of ‘E’. Although MEES does not specifically mention damp and mould, homes with better energy efficiency are generally less prone to condensation-related damp if they are properly ventilated. Local councils can serve landlords with a compliance notice and if a breach is confirmed, the landlord may receive a financial penalty of up to £5,000 set by the local council.

Responding to Reports of Damp and Mould: Essential Actions for Landlords

When landlords receive reports of damp and mould, they are expected to act immediately and take the following steps:

• Assess the Severity: Respond with sensitivity and assess the situation promptly, prioritising tenant health.
• Document and Investigate: Photograph the affected areas before mould removal to help trace the root cause and document the issue.
• Proactive Remediation: Engage professionals to safely remove mould, addressing the health risk directly. This should include dealing with underlying causes, such as inadequate ventilation or building deficiencies.
• Follow-Up Inspection: Inspect the property at least six weeks after the initial remediation to ensure the issue has been fully resolved. If damp and mould reappear, further investigation and intervention are required.

Landlords should not delay action due to lack of medical evidence; health concerns from tenants should be addressed urgently, regardless of a formal medical report.

Proactive Measures to Prevent Damp and Mould

Beyond reactive responses, the Guidance emphasises the need for landlords to adopt a proactive approach to damp and mould. This means establishing clear, preventative measures that address potential risks in advance:

• Regular Inspections and Maintenance: Landlords should implement a systematic process for routine inspections, ensuring issues like ventilation and heating are regularly maintained.
• Preventative Documentation: A system to document and track reports of damp and mould can help identify patterns across a portfolio, allowing for more efficient, preventative action.
• Tenant Engagement: Landlords should support tenants in understanding small, daily actions to minimise condensation, such as ventilating bathrooms and using heating. However, landlords must address underlying property issues, as tenant action alone cannot fully prevent damp or mould in poorly maintained properties.
• Collaborate with Health Services: Landlords are encouraged to work with health and social care professionals to identify vulnerable tenants at risk from damp and mould.

By implementing the recommendations in the government’s updated Guidance, landlords can significantly improve the quality of life for tenants while avoiding potentially severe legal consequences. 

Article by: Florrie Talty - Sanghera | Trainee Solicitor; Dispute Resolution