Mould. The scourge of the rental property market. No matter how much effort you put into ventilating a property and keeping things dry, it somehow seems to find its way back again and again.
But whose responsibility is it to deal with mould in a rental property? And are tenants able to demand rent reductions for lingering mould?
We’re exploring this common problem to help landlords and tenants alike come to a happy solution. From prevention to deposit deductions, let’s look at landlords mould responsibility to get to the bottom of who is culpable and prevent disputes before they arise.
Before we delve into who is responsible for dealing with mould in rented properties, let’s look at the different types of mould and its causes.
Rising damp is the name given to the process of water rising up and into a building from the ground through bricks and mortar. All houses should have a layer of waterproof material called a ‘damp proof’ to prevent rising damp. However, when this fails, problems occur.
If this issue isn’t solved promptly, it can lead to mould forming that’s difficult to remove for good.
Penetrating damp is caused by leaks that allow water into the property, causing surface mould growth. These leaks could come from broken roof tiles, blocked guttering or faulty plumbing.
The main thing to remember about penetrating damp is that it comes from outside the property and is usually a structural issue.
Condensation happens when moisture in the air comes into contact with cold surfaces, leading to water droplets and mould growth. If a building is poorly insulated or the ventilation or heating system is faulty, then the condensation is considered a structural issue. However, condensation can also be caused by tenant’s lifestyle habits.
The Housing Health and Safety Rating (HHSR) dictates that damp is an essential repair as it can cause health issues for tenants.
Mould is a fungus which can trigger or exacerbate the following health problems;
Not only is mould detrimental to physical health, it can also have an impact on tenant’s sense of wellbeing. This is why it’s so important for landlords to deal with mould swiftly and efficiently.
With regards to mould, when fingers are pointed, things can get complicated.
Legally, rising damp or penetrative damp caused by structural leakage is the landlord’s responsibility to put right. Under section 11 of the Landlord and Tenant Act 1985, it is the landlord’s responsibility to resolve mould issues caused by structural faults.
However, when interior condensation is caused by the tenant, this shifts the responsibility.
Condensation can be caused by;
Determining whether mould in a property is due to the tenant’s lifestyle habits or the poor ventilation of the property can be tricky.
If you’re a tenant whose spotted mould anywhere within your rental property, you need to alert your landlord straight away. Describe where the mould is and any damage to furniture or belongings. Once the problem has been reported, the landlord has to respond within 14 days.
For landlords, when a tenant reports mould in the property, arrange an inspection to determine the cause of the mould and, where necessary, ensure repairs are made.
Once a damp problem has been resolved, you may also need to repair any damaged plaster or flooring and redecorate affected areas.
If you don’t respond within the two-week timeframe the tenant could contact the local authority who could force the issue through. That’s why it’s vital to arrange an inspection and repairs as soon as possible.
If your landlord refuses to make repairs, withholding rent can be risky. Technically, tenants do not have the right to withhold rent and could be subject to repossession or even eviction.
However, tenants do have the right to make the repairs themselves and make up the cost in future rent. If you decide to go down this route, you need to be certain that the repairs needed are the responsibility of the landlord. Be sure to seek legal advice before making this stance and follow the correct procedures.
If there is mould in a property at the end of a tenancy which was not there at the start, landlords have a right to deduct money from the deposit only if the mould was caused by the actions of the tenant.
The amount deducted is at the discretion of the landlord, and will take into consideration any repairs or redecoration needed above the level of fair wear and tear.
Whether mould is considered to be fair wear and tear depends on the cause. If there is evidence to show that the mould has been caused by the negligence of the tenants and advice and regular maintenance has been supplied by the landlord or letting agent, then compensation can be claimed.
If you’re a tenant who has found themselves in a mouldy property with an inefficient landlord, there are steps you can take.
If your tenancy agreement has a break clause, then you may be able to end the tenancy early. However, if not, contact your local authority who will perform an inspection to determine whether the landlord is culpable of negligence. If so, they will issue a notice to the landlord demanding repairs.
From a landlord’s perspective, if you attempt to evict your tenant without fixing a reported mould problem within six months of it being reported, this could invalidate a Section 21 notice.
If you’re a tenant living in a rental property, there are some simple ways to prevent mould;
Minimising the chances of mould growing at the start of a tenancy agreement could save you money on maintenance in the long run.
Here are some ways to prevent mould in your property;
In cases where it’s difficult to determine the responsibility for mould, a detailed property inventory could help.
Prevent disputes before they can occur by investing in a professional, unbiased inventory report. By providing detailed written and photographic evidence of the state of the property, this report helps landlords and tenants alike by proving responsibility and supporting claims.
At No Letting Go, our team of experienced inventory clerks are well versed in helping landlords and property professionals streamline their workload and comply with regulations.
Whether you’re a landlord looking to recover costs against mould damage, or a tenant leaving a rental property, browse our full list of property services to find out how we can help.
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