Mould and damp in rented accommodation: Whose responsibility is it?

Mould and damp can be a significant problem in properties of all shapes and sizes. Whether you’re a tenant or a landlord, it’s important that you get it dealt with promptly, as if it’s left unchecked it can cause significant damage. It can lead to the rotting of timber, and to the formation of harmful mould spores which can have a dreadful effect on your health, especially if you’ve got a pre-existing respiratory problem.

But exactly whose responsibility is it to deal with damp? Let’s take a look.

What should a Tenant do?
If damp is a persistent and recurring problem in your home, then you should alert your landlord. They won’t be able to do anything to fix the problem if they’re not aware of it. Your landlord is not allowed to make unreasonable demands of you: if it’s the middle of winter and they tell you to dry your clothes outdoors, they’re outside the bounds of what is reasonable.

With that said, you are expected to do your bit to limit the amount of moisture in your home. That means keeping it heated to at least fifteen degrees. If you’re out all day, then this might seem like an imposition – but it’ll help to keep moisture levels down.

Activities which generate a lot of steam, like cooking and showering, should be accompanied by an extractor fan. Closing doors and opening windows strategically will allow you to get rid of extra steam while this is happening.

You might consider investing in a dehumidifier. A good one may cost a couple of hundred pounds, and it’ll last for years while keeping the air fixed at a given humidity.

What must a Landlord do?
If moisture is getting into the home through a structural weakness in the walls and roof, then it’s the landlord’s responsibility to get the problem diagnosed and dealt with. It’s the landlord’s job to deal with wear and tear. Leaking pipes, faulty heating, and broken guttering all fall under this problem.

The Landlord and Tenant Act 1985 specifies that it’s the landlord’s responsibility to deal with structural problems, while the Housing Act 2004 clarifies that this should include every outside wall, door, roof-tile and window. Gutters blocked by fallen leaves are often at fault, as are broken connections between the guttering and the wall to which it’s attached.

Landlords may wish to carry out repairs themselves, if their skillset and time commitments allow. In many cases, moisture can find its way through cracks around windows and door frames. Professional tradesmen who use the right sealant will allow problems of this sort to be fixed quickly. Similarly, anti-mould paint can be invaluable in parts of the house where mould is a problem.

While the landlord isn’t obliged to provide alternative accommodation while work is carried out, they may find themselves vulnerable to a tenant seeking damages if the problem takes a long time to fix. Consequently, it’s worth being on good terms with the relevant tradespeople.