Renting and mould: what are your rights as a tenant?

Black mould around a window

Credit: Getty

Housing


Renting and mould: what are your rights as a tenant?

By Lauren Geall

3 years ago

1 min read

Are you struggling to keep the mould in your rental property under control? Here’s everything you need to know about your rights – including what obligations your landlord has to fix the issue.

With house prices on the rise, salaries failing to keep up with inflation and the cost of living crisis making saving for a deposit even harder than normal, more and more of us are having to rent for longer to keep a roof over our heads.

But despite the huge number of people renting in the UK – an estimated 13 million – many of us are unfamiliar with the rights we have when renting a home, including the landlord’s obligations to maintain the property throughout the tenancy.

This includes the obligation that they need to deal with damp and mould, a subject that became a talking point in recent weeks after a coroner ruled that the death of two-year-old Awaab Ishak – who died in 2020 following a cardiac arrest – was caused by exposure to mould and damp in his home. 

Ishak’s family – who lived in a housing association flat in Rochdale, Greater Manchester – complained about the mould to the property manager, Rochdale Boroughwide Housing, but nothing was done.

Since then, others have come forward to speak about their experiences, and a report in The Guardian today (29 November) highlighted the story of one woman who’s in the midst of taking legal action against her landlord after a medical expert said her potentially terminal lung disease was likely triggered by moulds within her home.  

The government is under increasing pressure to address the number of social housing tenants living in mouldy housing, and Michael Gove, the housing secretary, recently promised to introduce legislation that will ensure the voices of tenants are “heard more clearly”.

However, it’s also important for tenants renting from private landlords to know their rights when it comes to dealing with damp and mould. To give you the information you need, we asked John Gallagher, principal solicitor at Shelter, to talk us through the basics. 


What are your rights if mould appears in your home?

Mould on the roof of a bedroom

Credit: Getty

Whether or not your landlord is responsible for the mould growing in your home depends on what’s causing it in the first place.

“Where the mould is caused by disrepair or the property is unfit for habitation – for example, as a result of damp or condensation caused by poor insulation or faulty heating or ventilation systems – then it is the landlord’s responsibility to fix it,” Gallagher explains.

“The landlord’s responsibility starts when they are made aware of the problem, so it’s important that tenants let their landlord know about the problems as soon as possible; it’s not always obvious what the cause of mould is, so sometimes expert advice may be needed.”

However, if the mould is being caused by your lifestyle – for example, if you fail to properly ventilate the bathroom after having a shower, or push furniture up against cooler external walls – then you may be responsible for fixing it.

It’s worth noting that while you may be held responsible for causing mould in these circumstances, your landlord should not make unreasonable demands. For example, they can’t ask you to dry your laundry outside if your property doesn’t have access to outside space.

How to report a mould problem

When you report a mould problem to your landlord, you’ll need to highlight three key areas: the repairs needed (ie where you think the problem is coming from), how it’s affecting your health and whether any damage has been caused to any furniture or belongings.

It’s a good idea to do this in writing so you have a record of the date when you first reported the issue.

When should a landlord step in or pay for repairs to fix a mould problem? 

Mould on a windowsill

Credit: Getty

Once you’ve identified a mould problem and reported it to your landlord, they have two obligations: to organise an investigation and carry out repairs within a reasonable timeframe.

“Once a landlord is made aware of the issue, they should carry out repairs within a reasonable period of time – what is reasonable will depend on the specific circumstances, but where there is a serious risk to the health of the occupiers, the works should be done urgently,” Gallagher explains.

Landlords have a responsibility to make sure their properties are fit to live in. If you believe your home is unfit to live in due to damp and mould or other issues, you can take action. To find out more, visit the Shelter website.

Images: Getty

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