Tenant’s Rights When There Is Damp and Mould in a Rental Property
Damp and mould in rental properties are a serious problem for both tenants and landlords. A tenant needs to report the issue and ensure that their landlord addresses the problem. A landlord cannot and should not ignore their landlord responsibilities under UK landlord and tenant law.
If you need legal advice on a disrepair claim, the Landlord and Tenant Lawyers at OTS Solicitors can help you.
Contact Online and London-based OTS Solicitors for legal advice for tenants and disrepair claims.
Appointments are available for phone, online, and in-person consultations at our London offices.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil, Tagalog/Ilonggo, and Urdu/Punjabi.
Damp and mould in a rental property
There are millions of homes in the UK with damp and mould. If a home is privately owned, the owner-occupiers can choose to ignore the problem, try self-help measures, or hire professionals to fix the issue. Tenants are not so fortunate as they must go through their landlord or letting agent to resolve the issue.
Tenants can encounter these issues when reporting rental property disrepair, including damp or mould:
- The landlord denies there is a damp or mould problem.
- The landlord blames the tenant for the mould.
- The landlord thinks that the tenant changing their behaviour will be sufficient to end the mould problem.
- The landlord believes the tenant can continue to live at the property while the damp and mould issue is resolved.
- The landlord is very slow in inspecting the mould or in getting workers to fix the damp and remove the mould.
As Landlord and Tenant Solicitors, tenants frequently tell us that they did not report the mould in its initial stages because they feared receiving a Section 21 notice, and they thought a damp and mouldy rental property was better than no tenancy agreement and no place to live.
Action to take if mould is found in a rental property
If you discover damp or mould in your rental property, you need to:
- Inform the letting agent or your landlord.
- Take pictures.
- Keep a record of responses from the letting agent or landlord.
- Allow the landlord or letting agent to inspect the problem.
- Tell your landlord if you or another member of your family is particularly vulnerable to the mould growth. For example, if a child is asthmatic or if a parent is elderly and has respiratory problems.
- Keep a diary of all appointments and missed appointments for inspections and for the work to be carried out.
- Retain a record of everything you are told to do to resolve the problem and everything you do.
- Keep a list of items paid for and losses.
- See a doctor if the mould is affecting you or family members.
- Take specialist tenant legal advice from Disrepair Solicitors.
Any phone or verbal communication with the landlord or letting agent should be followed up with a text or email to ensure you have a record of the conversation. If the landlord will not act or is slow, a Housing Disrepair Lawyer in London can send a letter before action to prompt them into acting.
You should take pictures regularly, as the mould may abate with treatment but then return.
The landlord is likely to want to inspect the mould, and they may ask you to modify your behaviour. For example, wiping the mould off the walls and then not leaving laundry to dry on radiators, using the heating and opening windows. In a small number of cases, the problem can be resolved in that way, but not always.
The landlord may dispute the cause of the mould or the extent of the problem it is creating for you and your family. They may want to instruct a surveyor or get quotes. Even if they agree to undertake the work, you may still need legal advice if the landlord is not willing to fund alternate accommodation whilst the work is ongoing or won't reimburse you for the expenses incurred by you.
You may also need expert housing legal advice from a Tenant Lawyer if your landlord is willing to address the damp problem but not the consequences of the mould. For example, if your landlord is not willing to replaster or redecorate or won't reimburse you for clothes or furniture damaged by mould spores.
Is a landlord obligated to fix damp or mould in a rental property?
Whether your landlord is obligated to fix damp or mould in a property depends on the cause of the problem.
If the damp stems from a structural or building issue, such as a blocked gutter or an extractor fan that isn't in working order, the damp and mould are the landlord’s problem.
If you switched off the heating or have not ventilated the property, then the remedy may be down to you, unless you can show your landlord is also partially responsible. For example, if the condensation problem is partially due to inadequate insulation or a ventilation issue, such as windows being painted shut.
What can a tenant do if a landlord serves a Section 21 notice on a tenant after a mould complaint?
A tenant may have a disrepair defence to a possession claim if they can allege that the eviction is motivated by revenge. For more information on revenge eviction, please refer to this blog.
Our Disrepair Defence Solicitors can help you launch a defence to a landlord's Section 21 notice possession proceedings and support your compensation claim for damages for the losses sustained by you if your landlord failed to comply with their UK landlord obligations after you notified them that your rental property had damp or mould or was unfit for human habitation.
Online and London-based legal advice for tenants
For advice on tenant rights and disrepair claims, call OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Appointments are available for phone, Zoom, or online consultations, as well as at our London office.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil, Tagalog/Ilonggo, Urdu/Punjabi.
Related Posts