Who is at risk from damp and mould within a property?

Is it the tenants? Or Is it the landlord?

The answer is in fact both.

Dampness and mould within rental properties has gained significant attention lately, highlighting a crucial issue that affects both tenants and landlords. The recent cases of Awaab Ishak, who lived in social housing, and Luke Brooks, in private rented accommodation, serve as stark reminders of the importance of addressing this issue promptly and effectively, to prevent conflicts and protect the health and well-being of tenants and landlords.

Tenants' Risk:

Damp and mould can lead to a poor internal environment, affecting the physical and mental health of occupants. Visual evidence often prompts complaints, leading to investigations by authorities.

The housing ombudsman and government guidance emphasise that dampness and mould should not be attributed solely to tenant "lifestyle" choices.

Tenants are already burdened by rising living costs and interest rates, and they should not have to endure health risks due to building defects or poor property maintenance.

Landlords would not accept living in a damp and mouldy hotel room, so tenants should not have to accept it in their homes.

Landlords' Risk:

Landlords of properties with poor structural quality and dampness issues are at risk of legal actions, fines, and compensation claims from tenants.

Loss of rent is a potential consequence when tenants exercise their right to withhold rent due to unaddressed property defects.

The Homes (Fitness for Human Habitation) Act 2018 places an obligation on landlords to maintain properties in a habitable condition.

The Solution: Prevention is Key

Here's how:

Instruct Qualified Inspections:

Both the housing ombudsman and government guidance recommend engaging qualified specialists to inspect and advise on air quality, dampness, and mould.

Both the housing ombudsman and the government guidance reports clearly inform the importance of instructing qualified specialist inspections and advice in relation to air quality, dampness and mould both organisations recommend surveyors holding the Property Care Association (PCA) qualifications as recognised professionals who are able to undertake inspections and provided reports and recommendations before and when disputes have occurred.

Pre-Occupancy Inspection:

Conduct a pre-occupancy inspection of the property to identify potential structural, ventilation, and thermal issues before tenants move in.

The surveyor can offer occupancy guidance, helping landlords avoid overcrowding.

Provide tenants with a pre-occupancy guidance pack on how to use heating and ventilation systems effectively.

Occupied Inspections:

Regular occupied inspections allow surveyors to assess conditions within the property after tenants have moved in.

Data logger surveys can provide factual reports on environmental conditions and identify necessary adjustments to heating and ventilation systems, preventing issues from escalating.

Periodic Inspections:

Schedule periodic inspections conducted by surveyors or property agents to document the property's condition.

Maintain a detailed property documentation file, including records of appliance servicing and repairs, which can be crucial in case of disputes.

Engage in open discussions with occupants during inspections to catch developing issues early.

Conclusion

Dampness and mould affect both tenants and landlords. By prioritising prevention through qualified inspections and regular property assessments, conflicts can be minimised, and the health and well-being of tenants can be safeguarded.

It is in the best interest of both parties to create and maintain a healthy living environment, ensuring that rental properties remain safe and comfortable places to call home.

Olympic Construction are qualified and accredited by PCA and RICS to undertake the inspections listed above, we can also undertake CPR35 expert witness surveys/ reports to be presented to the ombudsman or courts where a dispute has arisen.