Damp is a common issue in rental properties and homes and, if not addressed, over time can spread, have a significant impact on the structural integrity of a property and pose a health risk for tenants.
Damp has been subject to increasing regulation in the UK in recent years, including the Landlord and Tenant Act 1985, the Social Housing (Regulation) Act 2023 and the Housing Health and Safety Rating System (HHSRS). As such, both landlords and tenants must understand their rights and responsibilities to ensure that tenants are kept safe, properties are maintained and landlords meet their obligations.
What are the Legal Responsibilities of Landlords for Damp?
Government guidance sets out that social and private rented landlords have a legal responsibility to take a proactive approach to damp. Legislation requires landlords to identify the underlying causes of damp and find long-term solutions. Under the Housing Health and Safety Rating System (HHSRS) and the Landlord and Tenant Act 1985, landlords are legally required to ensure that their properties are fit for human habitation and in a good state of repair. This involves ensuring that the interior and exterior of properties are free of hazards such as damp and mould.
Where damp stems from structural issues, landlords have a legal obligation to repair the root cause. This could include leaking pipes and boilers that typically can cause damp issues. When a damp issue is reported, landlords must respond and investigate promptly. Health and safety, and repair obligations under the Landlord and Tenant Act 1985 mean that failure to comply could result in tenants taking legal action against landlords for breach of contract.
The Housing Health and Safety Rating System (HHSRS) is a risk-based evaluation tool that landlords can use to help identify and protect against hazards in rental properties. These include damp, mould growth and condensation. Under the system, landlords are obligated to address these hazards as they may cause harm to the health of tenants.
The HHSRS identifies damp and mould, house dust mites and mould or fungal growth, as a threat to the physical and mental health of tenants. The system sets out several preventative measures that could improve moisture production reduction and ventilation for landlords to consult.
In cases where preventative measures have not been met and damp and mould growth present significant safety hazards, local authorities have a general duty to take appropriate action. If a property is checked and deemed to contain serious hazards, local authorities may issue landlords with the following courses of action:
- Serve an improvement notice to be adhered to after 28 days in one section of the guidance and 21 days in another
- Make a prohibition order
- Serve a hazard awareness notice
- Take emergency remedial action
- Make a demolition order
- Declare a clearance area
How Tenants Can Ensure Their Rental is Safe from Damp?
Some people may be unaware of the early warning signs of damp, preventing early action to address the issue.
Typical signs of damp include dark patches, mould growth on walls, ceilings, or furniture, peeling wallpaper or paint, a musty smell or visible water damage. If you are a tenant in rental accommodation and spot any signs of damp, it is your responsibility to report this to your landlord. It is important to report this promptly. This will prevent the development of serious issues and ensure that the matter is investigated as soon as possible.
The Technical Aspects of Damp
The key to tackling most damp problems is to identify and rectify the source of the problem. If you are experiencing or are unsure about persistent damp issues in your property, it is advisable to consult an expert who can recommend the best course of action. This will differ depending on the type of damp present within your property.
Experts may undertake a damp survey to ensure the full extent of the problem is assessed, understood and diagnosed.
There are various ways that experts can help you tackle damp problems in properties. The most common way to tackle rising damp problems is by installing a damp proof course (DPC). A damp proof injection, using a liquid or cream which acts as a water repellent, will be inserted into the affected walls in the property. This will act as a waterproof barrier that prevents any moisture from rising from the ground and up through the masonry. Once installed, a damp proof course provides a long-term solution against rising damp and can last for decades.
Penetrating damp is often caused by poor maintenance or damage to a property. This leads to water entering the property. This may be as a result of driving rain and penetrating the masonry or groundwater penetrating below ground walls. If left without treatment, penetrating damp could cause significant structural damage to your property such as deterioration of plaster in walls and could lead to wet or dry rot in structural timbers.
To tackle penetrating damp, landlords, property managers, and letting agents must address issues affecting the exterior of the property. This could involve making repairs to roofs, missing or broken tiles, cracks in render, gutters, plumbing causing leaks, defects in the cavity wall or drainage and below-ground water management using membranes or cementitious tanking systems. Once these steps have been completed, it is important to let any affected areas fully dry out before replastering. Rotten timbers must also be replaced.
If you identify a problem with condensation in your property, it is important to reduce the amount of moisture released in your property and improve ventilation. Positive input ventilation (PIV) units can be installed to provide a long-term solution to condensation, damp and mould growth. PIV units introduce clean, fresh air which keeps properties fresh and dry. Using filtered air, they displace the moist air in properties that lead to condensation.
Many landlords, property managers, and letting agents may only spot damp when it is too late. The key to early prevention and intervention is regular inspections and maintenance of your property. This can help you identify potential damp issues before they become serious problems.
Landlords’ Legal Tenant Obligations
UK regulations ensure that landlords have clear legal obligations when it comes to damp problems. This includes having a duty to ensure the structure and exterior of their properties are in good repair and ensuring their rental properties are fit for habitation. As damp issues can make a property uninhabitable, landlords could face potential legal consequences if they neglect to address the issue.
For landlords to adhere to their legal obligations, it is important to remain proactive and adopt best practice when it comes to damp in the home. This could include conducting routine inspections to spot early signs of damp, ensuring that tenants know how to manage condensation and report issues quickly, responding promptly to any complaints about damp or mould to avoid legal disputes and consulting tenant rights organisations or landlord advice pages on fulfilling legal obligations.
Preventative Measures for Landlords
The key to preventing damp from occurring in the first place is to remain proactive and mindful of the condition of a property. The best way to do so is by regularly maintaining the property’s exterior, installing proper ventilation and ensuring good airflow throughout the property.
Landlords can also invest in high-quality damp proofing systems or PIV units and educate tenants on reducing moisture generated by everyday activities like cooking or showering.
Conclusion
While damp issues can be daunting, taking a proactive approach can combat the issue quickly and efficiently. Neglecting damp issues can lead to serious health concerns for tenants and costly repairs for landlords in the long term. By understanding their legal responsibilities and taking the preventative steps outlined above, landlords can maintain a safe and habitable environment for their tenants. ords can maintain a safe and habitable environment for their tenants.
For professional damp proofing services, book a damp survey and one of our team members will get back to you. We will arrange an appropriate time for one of our skilled surveyors to visit your property and begin the process of treating your damp problem.
