How can landlords intervene to break the cycle of damp and mould in their rental properties?
No-one likes living in a property with black mould, and the death of toddler Awaab Ishak in 2020 after developing breathing problems because of the black mould in the flat his parents rented from a housing association show just how important it is for landlords to take damp and mould seriously.
There’s often more than one cause of black mould, and it’s important for landlords to get to the bottom of it.
This is another very practical episode for landlords. Suzanne Smith and Richard Jackson discuss the different types of damp, what causes black mould, the practicalities of landlords’ responsibilities, what landlords should do if a tenant reports damp and mould, and some practical tips to help landlords and tenants to stop condensation mould coming back.
>> Ask a question: Click here for question form
What we cover in this episode
What are landlords’ legal obligations about mould?The Decent Homes Standard and Awaab’s LawThe different types of damp2. Condensation damp2. Water penetration3. Rising dampWhat is black mould?What causes black mould?What must a landlord do if a tenant reports black mould?Tips to reduce the risk of black mouldThe importance of keeping recordsThe importance of a collaborative problem-solving approach with tenantsWhat are landlords’ legal obligations about mould?
The law requires all privately rented properties to be fit for tenants to live and free from serious hazards that are harmful for health.
If damp and or mould are present in a rental property, it’s the landlord’s responsibility to identify the underlying causes of the problem so that they can be addressed.
In fact, Government Guidance published in 2023 states that landlords must take damp and mould seriously, assess the underlying causes with urgency, take appropriate action and keep tenants informed.
Landlords have a legal obligation to maintain the fabric of the building, and remove the source of the moisture to reduce the risk of damp and mould. From a practical perspective, this means that landlords should fix such as misaligned downpipes, blocked guttering, leaking waste pipes, missing roof tiles etc.
Tenants on the other hand are responsible for keeping the property in a “tenant like manner”.
>> Related blog post: What does “tenant-like manner” mean?
>> Related blog post: How should landlords best tackle damp and mould?
The Decent Homes Standard and Awaab’s Law
The Renters’ Rights Bill is introducing some new obligations on private landlords, not only to comply with a new decent home standard for the PRS, which will the hazards of damp and mould, but also Awaab’s Law.
“Awaab Law’s” is the name given to Section 42 of the Social Housing (Regulation) Act 2023 which requires social landlords to fix reported health hazards within specified timeframe, still to be confirmed.
The Renters’ Rights Bill will extend Awaab’s Law to the private rented sector. They haven’t yet clarified how they will do this, although in the Guidance to the Renters’ Rights Bill says that details will be set out in regulations, after consultation on how best to apply Awaab’s Law to the PRS “in a way that is fair, proportionate and effective for both tenants and landlords”.Second Reading . T
>> Related episode: Election special: What the manifestos say about rental reform
>> Related blog post: Renters’ Rights Bill and the Decent Homes Standard for the PRS
The different types of damp
2. Condensation damp
Condensation damp happens when warm moisture vapour that’s created inside a property from breathing, cooking, showering, and drying washing, cools and condenses into water when it touches, cold parts of buildings, such as outside walls and windows.
You often see condensation on a windows and it’s worse on outside walls. Condensation sometimes isn’t visible as it starts to grow in hidden places where there isn’t a lot of air flow or where water pools. For instance the top of skirting boards, the corners, low points on the walls, behind sofas and other furniture on outside walls, and in the corners of the ceiling. It then suddenly becomes visible when the temperature drops, spreading from behind the furniture.
The key causes of condensation are poor ventilation and or inadequate heating.
Condensation is a very common source of black mould.
2. Water penetration
Water penetration involves water gets into the building from outside due to defects in the walls, or from the inside. Outside sources are missing tiles on roofs, blocked gutters, misaligned downpipes, bridging from a raised ground level where there isn’t a French drain.
When it comes to water on the inside, that includes leaking waste, heating pipes, broken seals around showers, overflowing baths, leaking radiators, you know, a whole host of things.
Water penetration can lead to black mould.
3. Rising damp
Rising damp, on the other hand, involves water rising from the ground by capillary action. The water carries salts from the ground, which travel up through the wall.
As mould can’t grow where salt is present, if there’s black mould, it’s not rising damp.
What is black mould?
Black mould is a fungus which thrives in damp and dark places, and especially the wet conditions caused by condensation.
It’s often found in kitchens and bathrooms, where there is a lot of moisture. It can be a problem in small rooms as they cope with moisture less efficiently.
What causes black mould?
Landlords are responsible for maintaining the fabric of the building and removing the source of the moisture to reduce, damp and mould. Therefore, it’s important to get to the bottom of what’s causing the black mould, and there might be more than one cause.
Culprits may be leaking internal pipes, leaks from showers and bathrooms due to worn sealant, damaged walls. Sometimes a room may be inadequately heated, and replacing a single panel radiator with a double panel radiator or putting more insulation in the loft may help.
Sometimes tenants don’t ventilate the bathroom properly by opening the window or turning on the extractor. Drying clothes on radiators can create a lot of moisture. This is where education comes in.
Wallpaper can make it worse, as it acts as a damp sponge. Suzanne uses and recommends Ronseal Anti-Condensation Paint (Amazon affiliate link) as it raises the temperature of the wall and helps prevent condensation.
What must a landlord do if a tenant reports black mould?
If a tenant reports mould to direct a landlord or to a letting agent, Government Guidance says it’s crucial for the landlord to take it seriously and assess the issue with urgency to identify its severity. They must always identify and tackle the underlying causes promptly.
Landlords also need to keep tenants up to date with what is being done to resolve the issue and the likely time scales.
As mould often appears in November, it’s a good time to inspect a property to see if there are the tell-tale signs behind furniture, or a musty smell.
Finding the cause of the mould is key, as that will determine what action the landlord takes. Suzanne recommends getting a damp expert to try to diagnose the source of the problem.
Tenant education is really important, and it’s a good idea to give tenants a condensation fact sheet, for instance this Condensation Fact Sheet from the NRLA (document only available to members – the code SSAFF15 gives £15 off the first year’s NRLA membership).
>> Useful resource: Checkatrade advice on how to find a good independent damp surveyor
Tips to reduce the risk of black mould
Here are some tips to reduce the risk of black mould:
Clean bathrooms and kitchens regularly with an anti-mould product. Tenant education, so they understand what causes moisture inside, and what they need to do to stop it building up. Provide tenants with a copy of the NRLA Condensation Fact Sheet. Adequate heating.Install quiet extractor fans that are vented to the outside in kitchens and bathrooms, with the bathroom fan on a timer.Opening windows briefly each day, especially in bathrooms and bedrooms.Replace dingle panel radiators with panel radiators.Instal double glazing with trickle vents, and explain to the tenants to leave the vents open.Leave a gap of at least ten cm between the furniture and the external walls to help air circulation.Dry clothes outside or in a tumble dryer that is vented to the outside or which has a condenser.Use an anti-condensation paint such as Ronseal Anti-Condensation Paint (Amazon affiliate link)Install a PIV unit (positive input ventilation) to bring in dry air and remove moist air.Inspect the property regularly after any remedial work to check the mould has not come back.
The importance of keeping records
It is really important for landlords to keep records to show how they have responded to reports of damp and mould. Follow up any verbal conversations in writing so there is a written record.
The importance of a collaborative problem-solving approach with tenants
Take a collaborative approach to tackling mould with tenants – joint problem solving and education. It shouldn’t be an “us and them” situation.
Encourage tenants to report it as soon as they see it, as it’s easier to treat in the early stages.
>> Blog post: How should landlords best tackle damp and mould?
Credits
Music: “Paradise Found” by Kevin MacLeod of Incompetech. Licensed under Creative Commons: Attribution 4.0 License.