Out of all the maintenance issues that can occur in a rental property, mould is one of the most troublesome. Sight of those grey/green/black spots indicates an issue that, left untreated, can have serious consequences.
In 2020, the death of two-year-old Awaab Ishak, who succumbed to a respiratory condition after prolonged exposure to mould in his family home, shone a spotlight on how landlords deal with the matter. For Awaab, who lived in social accommodation, it was Rochdale Boroughwide Housing’s failure to take action when complaints were made that caused his untimely death.
As a result, the Social Housing (Regulation) Act was introduced and part of that is Awaab’s Law. This requires social landlords to investigate and fix health hazards, including damp and mould, within strict new time limits.
No one can argue that the death of tenants is unacceptable, especially if the cause is a maintenance issue that the landlord is responsible for. Awaab’s Law currently only applies to social housing but a recent address by the Labour leader is something all private landlords should note.
When addressing the Chartered Institute of Housing in February 2024, Sir Keir Starmer said there was an urgent need to ‘reform housing in this country’. One of those reforms would be to extend Awaab’s Law to the private rented sector.
If Labour sweeps into power – with a General Election due before the end of the year - a strict time frame to rid rental properties of damp and mould would be enforced, and the quality of any repair would also be under scrutiny.
The social housing sector will have the blueprint in terms of a landlord’s response to damp and mould. If this transfers across the private sector, Labour would like landlords to be bound by the following: landlords to investigate hazards within 14 days; start fixing within a further seven days, and make emergency repairs within 24 hours.
It is thought those landlords who do not comply may be taken to court, where they could be forced to pay compensation. For comparison, the Conservative party says it has no plans to introduce a comparable law for private landlords.
Recognising types of damp & mould
There are three main types of damp and landlords should know the difference between each so they can take appropriate action.
- Rising damp: when moisture in the ground under a property is drawn up through bricks and mortar, which can lead to mould. A lack of a damp course or a damp course that has degenerated are the most common causes of rising damp. The responsibility for fixing rising damp lies with the landlord.
- Penetrating damp: the result of failing structures, such as leaky guttering or a broken downpipe, which allows rainwater to seep into the structure of a property and mould to develop. While the landlord is responsible for rectifying penetrating damp, the tenant should be encouraged to flag up blocked gutters, peeling wallpaper, bubbling paintwork or an excessive build up on moss on an outside wall, which could indicate the presence of penetrating damp.
- Ambient damp: this shared responsibility between the tenant and the landlord is due to lifestyles. Condensation - caused by warm, moist air that turns into water droplets when it meets colder surfaces – will quickly encourage mould growth if it has nowhere to escape. Taking a shower, drying wet washing inside, boiling a kettle and even having a conversation contribute to ambient damp in poorly ventilated homes.
Perhaps you’ve already had issues with damp and mould in a buy-to-let you own? If maintenance and compliance issues are proving too much hassle, please speak with the LandlordBuyer team.
We are specialists in buying rental properties from landlords, no matter their condition, or whether it’s tenanted. We won’t ask you to fix any penetrating, rising or ambient damp, or even remove mould, as we buy for cash ‘as is’. Sell house fast today by requesting a free online valuation.