Dealing with Damp Kit – Section 1.1

General Introduction

Dampness, along with condensation and mould create some of the worst property condition and health problems in rented properties.

For many years, landlords were able to dismiss many tenants’ complaints as they were only legally obliged to carry out remedial work if the damp was caused by ‘damage’, as provided by the statutory repairing covenants set out in section 11 onwards in the Landlord and Tenant Act 1985.

However, many damp issues are caused by other problems and are not necessarily due to ‘damage’.

Indeed, many landlords hold that the issues are entirely down to the tenants’ ‘lifestyle’ – for example, failing to heat the property sufficiently or drying wet clothes indoors.

However, government attitudes have hardened, particularly since the death of the toddler Awaab Ishak in 2020 from a respiratory condition caused by the extensive mould in the rented property where he lived.

‘Awaabs’ law has now been introduced into social housing legislation, the Social Housing (Regulation) Act 2023, which, when it comes into force, will set out time limits for landlords to deal with potential hazards.

The Renters Rights Act 2025 will extend to the private sector, although this is not expected until after 2030.

The general view taken by the authorities now is that landlords must take action and should not blame tenants unless and until they have done everything that they can do themselves to resolve any issues.

The days of blaming all damp and mould on ‘lifestyle’ issues are gone.  After all:

• Not all tenants can afford to keep the heating on all the time, particularly if the property has a low energy rating, meaning that heating costs will be higher
• It is unreasonable to expect tenants to keep windows open all the time as this will often make rooms colder – particularly if they are finding it hard to afford to heat the property in the first place, and
• Landlords cannot complain about tenants drying clothes indoors if they have not provided facilities for drying clothes.  After all clothes have to be washed and must be dried somehow.