Government departments issue guidance for landlords on legal responsibilities for tackling damp and mould
The Government has published guidance intended to ensure that landlords, whether in the social or private sectors, have a thorough understanding of their legal responsibilities in relation to dealing with damp and mould in homes.
The guidance, Understanding and addressing the health risks of damp and mould in the home, applies to England.
Produced by the Department for Health and Social Care, the Department for Levelling Up, Homes and Communities, and the UK Health Security Agency, it covers:
- Ministerial foreword
- Key messages
- Who the guidance is for
- Introduction
- Health effects of damp and mould
- People at increased risk from damp and mould
- Legal standards on damp and mould in rented homes
- Identifying and addressing damp and mould in your property
- Reducing the risk of damp and mould developing
- Annex A: how the guidance was developed
- Annex B: resources and training for landlords and housing professionals
- Annex C: energy support for households
- Annex D: energy efficiency funding
- Annex E: tenant guidance on damp and mould
Writing in the ministerial foreword, Health Secretary Steve Barclay and Levelling Up Secretary Michael Gove said: “Every person across this country deserves to live in a home that is safe, warm and dry.
“The tragic death of 2-year-old Awaab Ishak in 2020, due to mould in his family home, should never happen to another family.
“The Coroner’s report into Awaab’s death describes a catalogue of failures, and a housing provider that abdicated its responsibilities to his family and hid behind legal processes.”
The ministers said the guidance was a direct response to the Coroner’s report, and had been developed with a multidisciplinary group of experts in housing and health. Members of the government’s expert Committee on the Medical Effects of Air Pollutants were also consulted.
“It makes sure that social and private sector landlords have a thorough understanding of their legal responsibilities, and of the serious health risks that damp and mould pose,” Barclay and Gove wrote.
“Landlords must ensure that the accommodation they provide is free from serious hazards, including damp and mould, and that homes are fit for habitation. They must treat cases of damp and mould with the utmost seriousness and act promptly to protect their tenants’ health.”
They added: “As this guidance also makes clear, tenants should not be blamed for damp and mould. Damp and mould in the home are not the result of ‘lifestyle choices’, and it is the responsibility of landlords to identify and address the underlying causes of the problem, such as structural issues or inadequate ventilation.”
The ministers said: “The tragic death of Awaab Ishak should never have happened. His family’s complaints about their living conditions were repeatedly ignored - an experience that is familiar to many tenants.”
Gove and Barclay said that through the Renters (Reform) Bill and Social Housing Regulation Act, legislative changes would improve housing standards. They said the Government would:
- introduce ‘Awaab’s Law’ to set out new requirements for landlords to address hazards such as damp and mould in social homes. Following a consultation, these will be brought into force “as soon as Parliamentary time allows”
- provide new powers for the Housing Ombudsman and change the law so that social housing residents can complain directly to the Ombudsman
- review the Decent Homes Standard and apply it to private rented homes for the first time
- introduce new professionalisation standards that will require senior housing staff to hold, or work towards, recognised housing management qualifications
- introduce the new private rented property portal and give all private tenants access to an ombudsman if their landlord fails to resolve legitimate complaints
“We urge landlords to read this guidance and adopt the best practices it sets out. This will protect tenants’ health and prevent avoidable tragedies like the death of Awaab Ishak happening to another family,” the Secretaries of State said.
