Why landlords need to take action against damp in their properties ASAP

I am writing this in the run up to the 2024 General Election but all the signs are that we will have a Labour government after July 4th.

Although their manifesto is fairly light on commitments to the Private Rented Sector, they do specifically state that they will be taking

steps to decisively raise standards, including extending ‘Awaab’s Law’ to the private sector

Awaabs Law

Awaab Ishak was the toddler who sadly died due to extensive mould in the flat where he lived with his parents.  The landlord (who was a social landlord) was told of this many times but refused to take action.

When this became known, it became a huge scandal, and the government decided to impose stricter rules on landlords through legislation.

So Awaab’s Law, which now forms part of the Social Housing (Regulation) Act 2023, requires social housing landlords to adhere to strict time limits when notified by tenants of damp and mould issues in their properties.

The problem of damp in domestic properties

There are actually three connected problems, condensation, damp and the all too often resulting mould.  These have been issues in rented properties for years.

In the past, landlords have often refused to take any action, blaming the problem on ‘lifestyle issues’ such as tenants failing to heat the property sufficiently, drying clothes indoors and not providing sufficient ventilation (ie not opening the windows).

There is no doubt that often condensation, damp and mould ARE caused by lifestyle issues.  However, in today’s cost of living crisis, tenants frequently cannot afford to heat their properties (or, if they do, will have to stop eating) and naturally will not want to make their homes still colder by opening windows.

Plus clothes must be washed and dried.  If the landlord fails to provide somewhere this can be done without increasing humidity – what are they to do?

Increasing regulation

When the main legislation on this point was the landlord repairing obligations in section 11 onwards of the Landlord & Tenant Act 1985, landlords were often able to avoid liability for damp issues.

The repairing covenants only impose an obligation to deal with ‘repairs’.  But frequently these issues are not caused by disrepair.

The Fitness for Human Habitation legislation, which came into force in 2019, imposed additional obligations on landlords to ensure properties are ‘fit for human habitation’.  Even if the unfitness is not specifically down to disrepair.

Damp is also one of the ‘hazards’ in the Housing Health and Safety Rating System (HHSRS), used by Local Authority Environmental Health Officers when inspecting properties.

However, hazards under the HHSRS have to be enforced by Local Authorities, and in most cases, they do not have the resources to do this effectively.

It now looks as if further regulation will be introduced, specifically to bring ‘Awaabs law’ into the private sector.  The new regulations will be implied in all tenancy agreements, which means that they can be enforced by tenants.

Enforcement by tenants

At the moment, many tenants are fearful of claiming against their landlords as landlords may ‘retaliate’ by evicting them under section 21.

However, as you are no doubt aware, the removal of section 21 is another Labour Party manifesto commitment.  So, tenants will be more likely to take action against landlords where properties are in poor condition.

They will be entitled to claim for

• Financial compensation and
• An injunction ordering the landlord to carry out works

What landlords need to do now

Even though the election is only a couple of weeks away, it will take some time for new legislation to be brought into force.

I suspect that the government will be doing all it can to bring about the abolition of section 21 as quickly as possible – if only to reduce the pressure on Local Authorities.  So landlords should be preparing for this now.

I would suggest the following program:

• Carry out an inspection of all your properties checking particularly for any signs of damp and mould issues.
• If any are found, make a detailed list
• Research the best methods to deal with the situation, and
• Put in place arrangements for the problems to be dealt with.

Even if the problem is actually caused by lifestyle issues, the enforcement authorities will expect you to have done all that you can.  It is your job to do this and (in particular) document everything you have done.  So you can prove the action you have taken.

So if, after having taken all reasonable actions, the property still shows problems with condensation, damp and mould, then you are more likely to be able to persuade the authorities that it is not down to you.

How Landlord Law can help

• Learn more about damp in domestic properties – this is explained in great detail by EHO Paul FitzGerald in his training webinar.  The recording of which is available to view by Business Level Landlord Law members.
• Help with property inspections – our detailed Property Inspection Kit is also available for Business Level Landlord Law members or is available to buy as a stand-alone product.
• Learn how to deal with damp problems – this was the subject of our July 2024 members training.  EHO Paul FitzGerald discussed the options and and the recording is available to view by Business Level members.  Pauls’s checklist is available with the recording.

Taking action now will protect you from enforcement action later and may also improve the value of your property.  So don’t delay!