The government has just uploaded new directives which firmly put the onus on PRS landlords to take full responsibility for problems of damp and mould in their properties.

The government’s guidance places private landlords alongside housing associations and councils in being culpable and will face unlimited fines for not resolving damp and mould issues in their properties.

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 Department for Levelling Up, Housing and Communities’ guide for landlords along with the Department of Health and Social Care, advises them to make sure they are aware of these four key points taken from the full document:

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.

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.

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.

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.

The Renters Reform Bill will introduce measures to ‘police’ private landlords methods of dealing with mould and damp issues.

The Housing Ombudsman will also be addressing tenants’ complaints on such matters and resolving the issues with landlords.