New directives issued by the government put the emphasis firmly on private landlords to take responsibility for issues of damp and mould in their rental properties.
The guidance puts private landlords on a par with housing associations and councils in facing unlimited penalties if they ignore damp and mould problems.
Housing Secretary Michael Gove says: “Damp and mould in the home are not the result of ‘lifestyle choices’, and it is the responsibility of landlords to identify and address the underlying causes of the problem, such as structural issues or inadequate ventilation.”
The guidance - from Gove’s Department for Levelling Up, Housing and Communities, as well as the Department of Health and Social Care - tells private landlords to familiarise themselves with four key points.
-
All homes must be free from hazards at the most dangerous ‘category 1’ level
The Housing Act 2004 states that properties must be free from hazards at the most dangerous ‘category 1’ level, as assessed using the Housing Health and Safety Rating System (HHSRS), a risk-based evaluation tool. This includes mould and all types of dampness.
Generally, a ‘category 1’ hazard means that an occupier of or visitor to the property may require some form of medical attention over the course of a year. Local councils also have a power to take action when they identify hazards at the ‘category 2’ level.
-
All homes must not contain conditions that are prejudicial to health
The Environmental Protection Act 1990 gives tenants and local councils powers to take legal action where homes contain a ‘statutory nuisance’, which includes where they are in such a state as to be prejudicial to health.
To be a statutory nuisance, the damp and mould must be harmful to the health of the tenant or a nuisance.
-
Homes must be fit to live in
New provisions in the Landlord and Tenant Act 1985 added by the Homes (Fitness for Human Habitation) Act 2018 require that properties are free of hazards, including damp and mould, which are so serious that the dwelling is not reasonably suitable for occupation in that condition. The current occupier may be taken into consideration when determining whether the property is suitable.
A home that is fit for human habitation is safe and healthy, which would mean free from damp and mould that could cause significant harm.
Tenants may wish to take action if their property is unfit for human habitation or the landlord has failed to keep it in repair, under defined circumstances, under Section 9A and Section 11 of the Landlord and Tenant Act 1985. While there is currently no legal requirement to undertake remedial work within a specific period of time, landlords should nonetheless respond to complaints about repairs promptly.
-
And Privately rented homes must meet minimum energy efficiency standards
The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 require that privately rented homes must meet the Minimum Level of Energy Efficiency standard of Energy Performance Certificate (EPC) band E (unless exempt). The regulations do not make reference to damp and mould, but an energy efficient property is less likely to be affected by condensation, one cause of damp and mould, provided it is adequately ventilated.
In addition to all this the Renters Reform Bill will introduce ways to oversee private landlords’ handling of mould and damp.
The Housing Ombudsman will address tenant complaints when landlords fail to act, and the Property Portal will document landlord compliance with the Decent Homes Standards, among other rules.
Here is the guidance in full.
Want to comment on this story? Our focus is on providing a platform for you to share your insights and views and we welcome contributions.
If any post is considered to victimise, harass, degrade or intimidate an individual or group of individuals, then the post may be deleted and the individual immediately banned from posting in future.
Please help us by reporting comments you consider to be unduly offensive so we can review and take action if necessary. Thank you.
.jpg)
.jpg)
%20(002).png)
.png)
Join the conversation
Jump to latest comment and add your reply
And how exactly are landlords supposed to ensure that tenants adequately ventilate?
Exactly that
It’s a kind of Magic 🪄😂🆘
Can someone tell me how can I get it through to Gove, if the fkn scruffy tenant rips off the wall mounted radiators and sells them how can I prevent damp???
I will accept answers on a postcard Micky The Gove
If the tenant rips the radiators off the wall it is because the landlord did not fix them well enough.
Pick up the tenants washing, take them home, dry them and bring them back. Can anyone think a better solution. I am not joking, the way things are going, I for one would not be surprised if it comes to that.
Fery, that's not as daft as it sounds maybe fully serviced accomadation is the way forward, make the rent fully inclusive of heating and send a cleaner round every week to do all their cleaning and washing, an extra 1000 on the rent each month should cover it
That's a very good point Andrew - it is probably the only way to ensure that the property is being looked after properly and that everyone is warm.
You wish Andrew. I sometimes think if it is worth it at all. Do I need these?
Ok Mikey, so i visit my tenants, all their wet washing is on hot rads, a clotyes airer in the living room, trickle vents closed and windows permanently closed and this isn’t a lifestyle problem????
The truth is irrelevant.
Ellie you have hit the nail firmly on the head.
Of course it's not. It's your fault for not educating them well enough because if they fully understood they wouldn't do it.... according to Gove!
So remember as a landlord it's your job to...
1) Act as an immigration agent for the government
2) Educate tenants in all aspects of living
3) Ensure tenants cannot be stupid and hurt themselves
4) All the tenant animals even if they trash your property (coming soon)
5) Make the rent something the tenant can afford (coming soon)
...and presumable solve the world financial crises!
More one sided fairness from the worst government I’ve ever known.
So drying clothes with out opening any windows . Landlords fault. Don’t open a window in the bathroom to ventilate after use. Landlords fault. Not capable of letting you know a gutter is broken or blocked. Landlords fault. Now I know what nanny state means!
“Damp and mould in the home are not the result of ‘lifestyle choices’,
That it! Its all over. LL's know that in vast majority it is in fact a lifestyle issue. Proven time and time again. So going forward for any left in the game we know what tenant groups will def be excluded from being offered a property
There won’t be any private landlords left in the market for him to legislate against at this rate!
Another 'Sledge Hammer to Crack a Nut' there are adequate existing regulations to deal with bad landlords, this puts another loaded gun in the hands of tenants who want to cause trouble and add stress and hassle to the lives of the average good Landlord. Another attempt to woo the young voter, but it wont work, when there is less and less choice of property available.
It's amazing how my bills inclusive HMOs very rarely have any mould, damp or condensation issues. Very little laundry is dried on airers. The tumble drier is used for anything other than real delicates. Windows are often open. Extractors are turned on.
In the properties where tenants pay their own bills it's pretty much the exact opposite. Laundry on numerous airers, windows firmly shut, minimal heating, if they own a tumble drier it's almost never used.
Maybe the solution is to increase the rent and include the heating? There are some very good heating programmers which prevent ridiculous over use.
If I were continuing to let, then that would work for me with new tenants. I have been checking my rents against the Local Housing Allowance rate, and one of my larger properties is nearly £600 a month under the lower housing allowance rate!
Those particular tenants are not heating or ventilating the property - I couldn't possibly raise their rent though because they are self-funding.
Ellie - if you increased your rent to the LHA level would your tenants then qualify for UC? That may then give them access to a whole range of cost of living handouts and enable them to afford heating. If they are in that situation increasing the rent wouldn't actually cost the tenants anything and may make them significantly better off. Largely depends if they are a working family or an assortment of individuals in an HMO or a joint tenancy shared house. The first two are straightforward, the third one could be a bit more tricky if they don't actually divide the whole rent equally between them.
Thank you very much for the suggestion, Jo.
The relevant tenants are a complex group. One owns two houses. They are all Cambridge graduates on one tenancy agreement who are not in well paid jobs because they work short hours - looking for autonomy etc. They don't pay the same amount of rent.
I would very much like to include the bills because they are not heating their accommodation.
I agree totally Jo - once we swapped our 3 student houses to all inclusive rents all mould & mildew problems in the rooms ceased - what an amazing coincidence!!!!
Ellie - if I read that correctly it looks like you are subsidizing some highly educated people who can't be bothered to work many hours (probably because you are subsidizing them). The fact one of them owns 2 houses and you feel he can't afford to pay proper rent or heat the house is staggering. Presumably as a homeowner he should be fully aware of the importance of heating and ventilation. The fact he chooses not to treat your house properly is basic abuse. I imagine your tenancy agreement has a clause relating to heating and ventilation.
Thanks Jo for your reply. I do have a relevant clause in the contract, but have just dealt myself with any problem that arises whoever is contractually liable or to blame for it.
I do feel though that it is most unfair that we/landlords could be held responsible for problems not of our making, particularly, as I know that some landlords have real difficulty in gaining entry to do work.
Ellie, you should be evicting those tenants they are taking the P, get rid while you still can
Probably of no interest to you at all, Jo, but I have found a way of including unlimited gas and electricity for the tenants. The company is called Huddle. Perhaps would work out more expensive if you have control of the thermostat.
I have a lot of volume and operate in one of the UK's poorest towns so I get a fair share of damp/mould problems. Each and every time I send a damp expert and almost always it is lifestyle issues - no ventilating, house barely heated with beds pushed against two external walls and occupants that don't leave the house all day. It's alright Gove 'declaring': "Damp and mould in the home are not the result of ‘lifestyle choices’, and it is the responsibility of landlords to identify and address the underlying causes of the problem, such as structural issues or inadequate ventilation." But the underlying cause is the tenants' failure to both understand the problem THEY are causing and simply don't open windows. I have provided mechanical ventilation, which invariably gets taped over.
In some I have slow fans which I have hard wired in such a way that they cannot be turned off
Tenants literally run out of electricity credit in some of my houses. It happened the other week preventing access for the elctrician to the garage (which has an electric door).
We've had a handyman install Nuaire Drimaster 'Heat' Positive Input Ventilation (PIV) units in all of our rental houses and flats. Our Building Manager has a rolling calendar reminder to change the filters every 3 years (Nuaire states the filters last 5 years but from our testing this is incorrect).
We have fitted locked covers over the ON/OFF switches so our tenants cannot accidently turn off the PIV units. The 'dementia proof' switch covers are from a great company called Security Safety Products. Tenants are now delighted and they washing and bathroom towels dry within hours, no condensation on the windows and no damp/mould in the corners of rooms/backs of wardrobes.
Simple, low-cost PIV mechanical ventilation is the fit-and-forget solution to damp and mould. It's not rocket science.
Do they require an electrical power source?
Locked covers do not stop your tenants taping up the outlet grille to stop the airflow. As a retired building services technician specialising in HVAC I have had to deal with demented occupants in domestic, commercial and industrial buildings all over the world who have done this and who don't have a clue, on an air con unit this causes an ice up of the cooling coil, on a heating unit it usually causes the heater to trip on an overheat protection device.
As far as electric controls go, the sensible solution is to fit a dummy switch for the demented occupant to play with and hide the real one out of sight, as you would be amazed as to how they can get at a control knob or switch in a box with a pen, pencil or paper clip. In extreme cases I have seen boxes broken open. Funny to sit and watch how many people in a workplace come and fiddle with a dummy switch in an half hour, it can be in the tens and twenties.
I've fitted similar, from Envirovent with mixed results!
They definitely improve matters but where tenants blatantly ignore all sensible advice (put wet clothes on radiators, don't open windows, block trickle vents, etc) they are no panacea!
So, Saint Martin, why do tenants need PIV units & home owners don't?
Many of us are not going to consider any expensive improvements because we are selling shortly due to the RENTERS REFORM LEGISLATION.
👍🏻👍🏻💰💰
In which case, if I find damp or mould I shall evict on the grounds that my property is being damaged by the tenant, if the court won't allow this I will evict by other means, 2 can play at these silly games Mr Gove
Totally agree
What about evicting because the property is not suitable for human habitation?
Check out these pearls from the guidance...
“Do tenants have access to secure spaces to dry laundry outdoors?
If not, consider whether this is possible. Ideally, covered spaces should be provided. Tenants may be reluctant to use shared spaces in case items are lost or stolen, so landlords should consider how to make them secure, if possible."
“Has the tenant been given clear, written instructions on how to use the heating system most effectively?
Landlords should ensure that tenants have been provided with the necessary guidance on how to use their heating system (heating systems and any heaters). For tenants whose first language is not English and/or tenants with additional language or communication needs, consider whether they may need extra support to understand the guidance. For support with language and communication needs”
“Working with tenants
We are absolutely clear that it is totally unreasonable to blame damp and mould in the home on ‘lifestyle choices’. It is unavoidable that everyday tasks, such as cooking, bathing, washing and drying laundry will contribute to the production of indoor moisture. With this in mind, the fundamental cause of damp and mould will be due to building deficiencies, inadequate ventilation, inadequate heating and/or poor energy efficiency, not tenants’ normal domestic activities”
But what if tenants do have access to dry clothes outside and choose to dry them on radiators when they very, very occasionally put them on. That is a tenant lifestyle choice. Mould will form on the coldest surface.
Why are tenants different to other humans beings? Home owners avoid damp & mould but tenants can't?
My tenant caused mould in the apartment he is renting, which in 30 years prior to his tenancy never had a mould problem, indeed I and my family have lived in the property ourselves with no mould issues at all.
On investigation we found he had managed to turned off the positive ventilation fan which is there to ventilate the property. He refused to open windows and ventilate the property when asked to do so as it was too cold. He was drying clothes on radiators, sploshing water all over the bathroom etc. Obviously this is all my fault and his lifestyle was not causing the problem. Just by stating that stupid comment in a government paper does not make it fact. Gove and his clowns need to get real.
My solution. Stage 1, I have had a specialist in to remove the mould and replaced carpet where it was also affected. Hard wired the PV fan so it cannot be turned off, although that will not stop him blocking the vent I suppose. It has cost a few hundred pounds that I cannot claim off the tenant as it is of course my fault. Stage 2, As I have to take personal responsibility to cure the root cause of the problem, which is of course the tenant, I have given the root cause of the problem 6 months notice to quit, (the property is in Wales), once the root cause is removed the property is being put on the market for sale. A fitting end don't you think in the 30th year of renting out this property to families who needed a clean, comfortable, well maintained modern home to live in.
A very sensible move 👍🏻 Sell 🎉💰
Michael Gove the immoral, lying, back stabbing idiot says "“Damp and mould in the home are not the result of ‘lifestyle choices’, and it is the responsibility of landlords to identify and address the underlying causes of the problem, such as structural issues or inadequate ventilation.”
DAMP AND MOULD ARE NOT THE RESULT OF LIFESTYLE CHOICES?
Yet in the very government guidelines he produced it says "Landlords may wish to encourage tenants to ventilate when cooking and after bathing." So after landlords have encourage tenants and tenants have ignored that encouragement and been directly responsible for causing condensation damp/mould, it's not a "lifestyle choice" of the tenant but the landlords fault!
Open mouth put foot in it, Gove!
If tenants were made to do a ‘How to live correctly in a rented property in the UK’ course made mandatory to attend and pass. This problem would only occur in the naturally stupid.
Gove (the communist) is doing this as a final farewell for his cv as he won’t be in government next election
You may have nailed it!
As well as handing tenants the "How to Rent" guidance notes, can we add the....
" HOW TO USE YOUR BASIC COMMON SENSE" guidance notes too!?
Great idea but what happens when a great idea meets stupid? It fails!
You see, they can all be made to understand and tested to show they understand, then completely ignore that understanding for any of a number of really stupid reasons.. and they would!
...but at least it would leave them with no excuse and some would use sense!
I had to install a dehumidifier in one property because tenant won't open the windows and dries washing indoors.
A brick through the window was my second option.
and then when they leave they take the dehumidlfier with them, have lost a few like that
Not long ago I completely renovated a property and got a small grant from the local authority to improve insulation. As a condition of this grant, they insisted that they assess the property at the end o the renovation to rate it, which they did.... A*.
The first tenant that moved in then reported me to the council for the damp and mold, and the council issued a notice of action to me for providing a hazardous health environment. When I contact them to explain their A* rating six months earlier, they realised their embarrassment and sent a damp expert to evaluate. (What would they have done if they hadn't rated it A*?)
The damp expert immediately put it down to tenant lifestyle... wet clothes on every radiator and said none of the windows had ever been opened. A curious statement that he justified by saying he found a build up of dust on every handle!!! Now Gove tells us that damp expert was wrong!
There was a happy ending though... I gave the tenant notice and docked their deposit for damage done by mold and condensation, they appealed but a judge agreed with me.... and the council in their embarrassment actually paid for a Positive Input Vent!
I couldn't make it up!
I wonder if what Michael Gove has said is legal. If tenants have been negligent, then they would be the people in law required to put right what they have done.
I would think that a court would decide that tenants have a duty of care to the premises, and if there were a clause in the contract regarding drying clothes outside and adequately heating the premises they could be in breach of contract, too.
I think we have been justified in our concerns about the Ombudsman.
Had a tenant complain about mould.
Visited the property and recorded a humidity level of 100% and observed that they were washing and drying clothes indoors without any ventilation
Provided a dehumidifier and that seems to have resolved the problem for now
More gaslighting from Gove. Never lets the facts get in the way of 'his truth'.
Gove once again confirms he is a total inadequate prat devoid of any common sense!!
Pray tell me you inadequate prat:
1. How do I stop tenants drying clothes inside the house???
2. How do I get them to open windows???
3. How do I get them to heat the house adequately???
4. Why are you making me responsible for the stupidity of some tenants???
Wow - to say damp and mould can’t be caused by lifestyle - is ridiculous beyond words.
Are we next going to be paying compensation if a tenant trips over their own shoelaces?
Of course, you should have included all trip hazards in your property manual!
Who else can they blame?
For the first time I agree with landlords on this site still you never surprise me with your personal and political comments. Nevertheless I totally agree. To actually say it’s not a life style is so stupid . Sometime I think our policy makers need to really visit private tenants to see the amount that do not open windows, do not use the heating properly, block up vents and leave bathroom and kitchen open, pots uncovered also don’t use the extractor above cookers. Yes some of the issues are that some landlords and agents do just say it’s a life style without investigation for their records and provided tenants with outcomes. I once had four medium fish tank in a 10 m sq room. A bath being filled up with the door opened, the drying on and kitchen door opened. It was life style but the tenant wouldn’t accept it. Both tenants and professionals need to take responsibility. It’s not always lifestyle but we need to able to tell the tenants that it is there life style that is causing the issues they are having. Great to see so much comments
This article appears to contradict itself.
In the Gaurdian article by Tom Wall & Shanti Das, dated Sat 19 Nov 2022 08.11 EST, the headline read:
"UK tenants face blame for causing toxic mould and deadly hazards under new rules."
w-w-w Dot the guardian dot com/society/2022/nov/19/uk-tenants-face-blame-for-causing-toxic-mould-and-deadly-hazards-under-new-rules
I've witnessed many tenant's incriminate the LL's simply by failing to ventilate the property.
This new law, with the 'Renter's Reform bill.' is just another nail in the coffin, especially when the tenant is irresponsible and negligent.
This is why I'm calling for a "Tenant's Licensing," so it can highlight who is actually accountable for what, over a period of time, when the LL has clearly shown steps taken to prevent mould, damp and condensation!
Any decent Landlord will want to provide damp free accommodation. The problem here is that some of the older properties do suffer from condensation when tenants dry clothes etc inside. Sometime positive airflow systems help, but those with limited income will understandably struggle to heat their homes through winter. In these cases, it’s difficult to see how Landlords can ensure the properties remain condensation free.
FAO - Michael Gove (Westminster) and Patrick Harvie (Holyrood) - from the condensation experts!
View - Envirovent dot com for reasons for condensation in a home.
Sorry, won’t let me include a link.
Had a Tenant for 10 years. I decided to upgrade Loft insulation to 400mm and have Cavity Wall Insulation
Then got new tenants who refuse to open windows to ventilate if it's cold outside. So now getting mould spores in bathroom and corners. I've even purchased a dehumidifier but they refuse to use it as they are trying to cut down on electricity costs. I have given them a spray bottle of 50/50 bleach and water but ended up having to do spraying myself I've even Cavity wall insulation is just the worst thing I've done. Can someone tell me what else I can do - it's even in the Tenancy agreement requiring tenants to ventilate and wipe of any mould as soon as it appears - NOW I'VE GOT GOVE TELLING ME IT'S MY FAULT AND RESPONSIBILITY! The man is a CLINT.
Get a free quote from Envirovent dot com
hahahhahahhahhah that is funny using the word CLINT to describe someone so as to avoid the killers of free speech who love to cancel anything they do not agree with online.
But in all seriousness only an idiot that knows nothing about the cause of mould and damp would say it has nothing to do with the lifestyle of the occupiers of any building so the people who came up with this nonsense and Gove who said it are living in cloud cuckoo land
We are being sold down to river take a look at this Autumn issue of NRLA Magazine with its CEO Mr Ben Beadle cosying up to Mr Michael Gove the Housing Secretary creator and architect of the Housing Crisis with his Renter’s Reform Bill for the sole purpose of destroying PRS.
Yet here they are as bold as brass in the same photo complimenting each other, enough to make me puke, of course Beadle looking for concessions for his students let’s.
Please login to comment