Damp and Mould - Landlord and Tenant Responsibilities

The presence of damp and mould is a hot topic right now and attracting media attention.

Every landlord has a duty to provide their tenant with a decent home with most landlords not overlooking their responsibilities to their tenant’s living conditions and health. The presence of damp and mould also affects the capital value of the property, so it is good to always investigate the causes of mould and damp and take steps to mitigate the forming of it.

Winter is the time of year when mould and condensation problems appear. The presence of mould is very unpleasant and can seriously affect your health and quality of life. Mould spores can aggravate allergies or breathing issues. So unsurprisingly, this can lead to disputes between landlords and tenants.

Condensation is caused by internal water vapour turning to water droplets when meeting a cold surface. It is usually found in bathrooms, kitchen and around windows and where there is little air flow. Condensation can be mitigated by heating and ventilation.

Landlords should check that a property is properly insulated, especially in the roof. Some properties may have cavity wall insulation and ideally properties should be double glazed. If possible, windows should have trickle vents and bathrooms have additional extractor fans to remove humid air outside. Dehumidifiers can also be used, and some are already installed in roof spaces to reduce moisture content throughout the property. An adequately heated property will keep the water as vapour which can then be expelled from the property before forming as condensation.

However, condensation should also be mitigated by the tenant, who has a duty to ensure they are using the property correctly and not adding to or creating the problem. As a letting agency Emsleys provide tenants with leaflets around November/December with advice. Many tenants do not realise that they are creating condensation when living in a property. Any issues are highlighted with the tenant at the property when doing inspections. The leaflet explains how common household tasks such as drying damp clothes on radiators, or not opening a bathroom window after a hot shower, can create high levels of condensation. Ensuring the property is properly ventilated is essential. This may all sound obvious, but sometimes things need pointing out to avoid problems down the line. We see these issues more often in bungalows or flats when the living space is all on one floor.

Should the Tenant be responsible for the build-up of mould during the tenancy, then it is possible for the landlord to claim any costs of remedying this. The treatment to remove the mould and then painting of walls and ceilings with anti-fungal paint, to prevent the mould from coming back, could be covered. Landlords should ensure that they have clauses in the tenancy agreement to claim for mould removal, a good inventory with photos would also prove the condition of a property before the tenant moves in to show no mould was present.

The Renters' Right Bill will require Private Landlords to meet the Awaab’s Law requirements which sets out timescales for dealing with such issue as damp and mould. Landlords must swiftly address reported damp and mould issues, identifying the root causes and implement solutions within 14 days of being made aware of the hazards. Tenants will be able to seek action and redress through the courts or the new private ombudsman scheme.

If you are looking for a standout Lettings firm to proactively manage your property, contact Emsleys today.