Mould in Rental Properties: Legal Responsibilities and Advice for Landlords and Tenants

Damp and Mould Solutions Ltd
📞 020 4542 6114
📧 [email protected]

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Introduction

Mould is a serious issue in rental properties, affecting tenants’ health and landlords’ responsibilities. Understanding legal obligations and rights is crucial to managing damp and mould effectively.

This guide explains the legal responsibilities of landlords and tenants, potential compensation claims, and when enforcement action may be taken.

Damp Proofing & Surveys for Landlords

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Legal Responsibilities for Landlords

Under UK law, landlords must ensure their properties are safe and free from serious hazards, including damp and mould. Key legislation includes:

1. Landlord and Tenant Act 1985

• Section 11 requires landlords to maintain the structure and exterior of the property.
• This includes repairing issues that cause damp and mould, such as leaks or inadequate insulation.

2. The Homes (Fitness for Human Habitation) Act 2018

• Landlords must ensure properties are fit for human habitation at the start and throughout the tenancy.
• Mould caused by structural problems may make a property unfit, leading to potential legal claims from tenants.

3. Housing Health and Safety Rating System (HHSRS)

• Local councils can inspect properties under the HHSRS.
• If a landlord fails to fix serious mould issues, the council can issue improvement notices and fines.

4. Environmental Protection Act 1990

• If mould is severe enough to affect health, tenants can report it as a statutory nuisance.
• Councils can take enforcement action against landlords who fail to act.

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Tenant Responsibilities

While landlords must keep properties in good repair, tenants also have responsibilities:

• Keeping the home well-ventilated by opening windows.
• Using extractor fans when cooking or showering.
• Drying clothes outside where possible or using a vented tumble dryer.
• Heating the property adequately in colder months.
• Reporting leaks, damp, or mould growth to the landlord promptly.

If a tenant’s actions cause mould (e.g., failing to ventilate or dry wet clothes indoors), they may be responsible for fixing the issue.

Why is there Mould in my Wardrobe?

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Compensation for Tenants Affected by Mould

Tenants can claim compensation if a landlord fails to address mould caused by structural issues.

What Can Tenants Claim For?

• Damage to belongings (e.g., ruined furniture, clothes, or carpets)
• Health problems (e.g., respiratory issues, worsening asthma)
• Disruption and distress (e.g., being forced to move out or live in poor conditions)
• Legal costs if taking action against the landlord

How Much Compensation Can Be Awarded?

Compensation varies based on the severity of the issue and its impact. Minor inconvenience may result in £500–£2,500, while severe cases affecting health or causing significant disruption may exceed £10,000.

Mould Removal Services

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What Should Tenants Do If a Landlord Ignores Mould Issues?

If a landlord fails to act, tenants can:

1. Report the issue in writing – Keep records of all complaints.
2. Allow reasonable time for repairs – Typically within 14–28 days.
3. Contact the local council – The council can inspect and issue enforcement notices.
4. Seek legal action – This may include court claims for compensation.

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When Can Landlords Refuse to Address Mould?

Landlords can dispute mould claims if:

• The tenant’s lifestyle (e.g., failing to ventilate) is the primary cause.
• The property has no structural defects contributing to damp.
• The tenant refuses access for inspection or repairs.

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Final Thoughts

Mould is a serious issue that can lead to legal disputes. Landlords should take proactive steps to prevent and treat mould, while tenants should follow best practices to reduce moisture.

For expert damp and mould solutions, contact us today.

📞 020 4542 6114
📧 [email protected]