New rules on dealing with mould and damp in private rental properties are on the horizon. With changes to legislation set to impact landlords, it’s essential to stay informed and prepared.
The UK, known for its generally cold and wet climate, has the oldest housing stock in Europe, making mould in rental properties a persistent issue. Recent findings from the English Housing Survey highlight that damp and mould now affect 9% of private rental properties, bringing renewed attention to the problem. Given the serious health risks associated with dealing with mould, including respiratory conditions, the government is taking action to ensure landlords respond more effectively.
Even if you already have strong damp prevention measures in place, understanding these new regulations under the Renters’ Rights Bill is crucial to ensuring compliance and maintaining good relationships with tenants.
New Rules Under the Renters’ Rights Bill
Before looking at the specific changes, it’s important to understand the latest updates on the Renters’ Rights Bill.
The Bill recently passed the report stage in the House of Commons and is currently being reviewed in the House of Lords. It is expected to become law in spring.*
One of its key measures is the introduction of clearer requirements for landlords in dealing with mould and damp issues. This includes compliance with Awaab’s Law, introduced in July 2023 following the tragic death of two-year-old Awaab Ishak, who was exposed to severe black mould in his home.
Awaab’s Law addresses housing hazards such as mould in rental properties, damp, asbestos, lead, pests, and sanitation concerns.
How Will the New Rules Impact Landlords?
Currently, landlords are expected to resolve damp and mould problems within a “reasonable timeframe.” However, under Awaab’s Law, strict deadlines will be introduced:
- Landlords must investigate reported issues within 14 days and provide tenants with a written report.
- Repairs must begin within seven days of issuing the report.
- Repairs must be completed in a “reasonable time period” and without unnecessary delays.
- For emergency repairs, landlords will have just 24 hours to respond.
When Will Private Landlords Need to Comply?
The new rules on dealing with mould will first come into effect for social housing landlords in October 2024. By 2026, they will expand to cover additional housing hazards, including structural concerns and hygiene issues.
For private landlords, the government has yet to announce an exact implementation date. However, further consultation is planned to determine how Awaab’s Law will be rolled out in the private rental sector. This means landlords still have time to review their current processes and make any necessary adjustments.
Consequences of Non-Compliance
Landlords who fail to act on mould in rental properties within the specified timeframe could face legal consequences:
- Tenants may take the landlord to court for breach of contract, where they could be ordered to take corrective action and/or pay compensation.
- Alternatively, private tenants could escalate complaints to the Private Rented Sector Landlord Ombudsman.
How Landlords Can Prepare
Most responsible landlords already have policies in place for dealing with mould and damp issues, but some adjustments may be required to align with the new regulations. Key steps include:
- Proactive Maintenance: Ensure regular checks for leaks, condensation, and structural problems.
- Prompt Repairs: Adopt a responsive approach to damp and mould complaints to prevent escalation.
- Educating Tenants: Encourage tenants to ventilate their homes properly by opening windows and using extractor fans when cooking or bathing.
- Record-Keeping: Maintain detailed records of tenant complaints and all communication related to maintenance and repairs.
- Reliable Tradespeople: Build a strong network of contractors to address damp and mould issues efficiently.
Working in Partnership
Successful tenancies rely on good relationships between landlords and tenants, alongside an organised approach to rental property maintenance.
At Ensum Brown, we help landlords navigate complex legislative changes, including the Renters’ Rights Bill and Awaab’s Law, ensuring compliance and a hassle-free letting experience.
If you need guidance on dealing with mould or any other aspect of the new legislation, get in touch with us today.
We hope this article has been useful. If you know a landlord who might benefit from this information, please feel free to share it.
* As the Renters’ Rights Bill is still progressing through Parliament, some details may be subject to change. The information provided does not constitute legal advice.
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