Mould in UK rental properties is a serious issue for both tenants and landlords. It looks bad, smells unpleasant, can harm health, and lead to expensive repairs and legal problems. Knowing who is responsible for it is key to keeping properties healthy and compliant.
As a landlord, property manager, or housing association, working out who is to blame for mould can be tricky. Is it the tenant’s fault, or is there a problem with the building itself? This blog aims to explain the responsibilities of both sides, helping you understand your duties and how to prevent issues.
What Causes Mould?
Mould thrives in damp, poorly aired places. A frequent cause is condensation, which occurs when warm, moist air comes into contact with cold surfaces like walls and windows, leading to water droplets forming. Everyday activities such as cooking, showering, and even breathing contribute to moisture in the air.
Another common cause is leaks, where water enters the property from a faulty roof, broken pipes, or bad plumbing, creating an ideal environment for mould to grow. Additionally, damp from the ground can rise up through walls if a proper damp-proof layer is absent. Finally, if there isn’t enough fresh air circulating, moisture cannot escape, leading to a build-up of damp conditions.
What Tenants Need To Do
While landlords are mainly responsible for the building’s structure, tenants also have a part to play in stopping mould. They should keep the property reasonably clean and try to reduce moisture. This involves ensuring adequate ventilation throughout the property by regularly opening windows, using extractor fans in kitchens and bathrooms, and making sure any air vents are not blocked.
Furthermore, maintaining a consistent and appropriate level of heating within the property can help to prevent the formation of condensation. It is also the tenant’s responsibility to report any problems like leaks, damp patches, or mould to the landlord or agent as soon as they notice them. Delaying the reporting of such issues can worsen the problem and potentially affect who is held responsible. Lastly, while not a direct cause in most cases, keeping the property tidy and avoiding excessive clutter can help air to circulate and prevent moisture from being trapped.
What Landlords Need To Do
Landlords in the UK must ensure their properties are fit to live in. This is primarily covered by the Homes (Fitness for Human Habitation) Act 2018. This law states that all rented homes must be fit to live in when the tenancy begins and must remain so throughout the tenancy. Regarding mould, this generally means landlords must address issues that make the property damp and susceptible to mould growth, especially if these issues relate to the building’s structure. This includes the responsibility for fixing structural problems such as repairing leaky roofs, addressing faulty plumbing, and resolving issues with damp rising from the ground.
Moreover, if the property lacks sufficient built-in ventilation systems, like extractor fans in kitchens and bathrooms, the landlord may be required to install them. Maintaining the property in good condition through regular inspections and carrying out necessary repairs to prevent water from entering is also a key responsibility for landlords. Finally, landlords must promptly investigate and take action on any reports of damp or mould received from their tenants. Failure to do so can lead to legal consequences, especially with Awaab’s Law on the horizon.
Who Is Responsible? Common Situations
Determining responsibility for mould is not always straightforward and often depends on the specific circumstances. For instance, if mould appears due to a leaking roof, the landlord is almost certainly responsible for the necessary repairs. However, if mould develops in a bathroom because the tenant consistently fails to use a properly functioning extractor fan, this may be considered the tenant’s responsibility.
Mould growth resulting from condensation in a property with inadequate insulation could be deemed the landlord’s responsibility, as it relates to the property’s fitness for habitation. In contrast, if mould appears after a significant leak that the tenant failed to report in a timely manner, responsibility might be shared, with the landlord responsible for the initial leak and the tenant potentially liable for the extent of the mould growth due to the delay in reporting.
Stopping Mould Before It Starts: What Landlords Can Do
Dealing with mould infestations after they occur can be costly and can negatively impact relationships with tenants. Therefore, preventing mould growth in the first place is the most effective approach. Landlords can take several proactive steps, including conducting regular property inspections to identify potential issues like minor leaks or damp areas before they worsen. Investing in good insulation, ensuring adequate ventilation throughout the property, and addressing any signs of dampness promptly are crucial preventative measures. Furthermore, providing tenants with clear information on how to properly ventilate and heat the property can significantly help to reduce the risk of condensation.
ResiSure: Helping You Manage Property Health
Determining responsibility for mould in a UK rental property can be a complex issue. While tenants have a role to play in maintaining a reasonable living environment, landlords ultimately bear the primary responsibility for ensuring their properties are fit for human habitation. By understanding your obligations and taking proactive steps to prevent mould growth, you can protect your investment, maintain positive tenant relationships, and avoid costly disputes.
ResiSure offers a valuable tool to help landlords, BTR operators, property managers, and housing associations across the UK take control of their property health. Our technology provides the insights you need to spot signs of mould, disrepair, and other issues early, saving you time, money, and stress. Invest in ResiSure today and feel confident that you’re looking after your properties and your tenants’ well-being – get in touch via the form below to find out more.