Many council tenants are forced to live in properties with significant damp and mould. Damp and mould are unsightly, ruin belongings and cause serious health issues. Council tenants have the right to live in a decent, safe home, and those rights are protected by a number of laws. Here, our specialist housing disrepair solicitors consider council tenants’ rights damp and mould UK.
At Bartletts, we have extensive experience in assisting tenants with all types of housing disrepair issues, including those stemming from mould and damp. We understand the need to resolve damp and mould problems quickly, given their capacity to cause serious health issues. We will take swift, decisive action to compel your landlord to resolve the situation and pay you the compensation you deserve.
To speak to our housing disrepair experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
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What Standards Must Housing Providers Meet?
The law imposes several duties on housing providers to ensure everyone living in rented property, including council tenants, enjoys a decent standard of living. The duties include the following:
- All housing must be free from hazards that fall within ‘category 1’, being the most dangerous. Excessive damp and mould might be classed as category 1 hazards.
- No home should contain conditions that are prejudicial to the tenants’ health. Severe mould and damp might be deemed prejudicial to the tenants’ health.
- All homes must be fit to live in. Properties must be free of hazards which render them unsuitable for human occupation. Considerable mould and damp may render the property unfit to be lived in.
- Social housing must meet the ‘Decent Homes Standard’. To meet this standard, a property must be free from the category 1 hazards discussed above. In addition, social housing must be in reasonable repair and provide its tenants with a reasonable degree of thermal comfort. Damp and mould can indicate a landlord’s failings on one or both counts.
What Must Housing Providers Do If A Property Has Problems With Mould And Damp?
Before you can take any action against your housing provider in connection with damp and mould, you must notify them of the issue. If they don’t take any steps towards resolving it within a reasonable time, you should take advice from damp and mould solicitors like ours on your legal position and the options open to you.
The Government’s stance on who is responsible for mould and damp is very clear. The tenant’s lifestyle choices can never be blamed for mould and damp in a rented property. The onus is on the landlord to identify and tackle the underlying issue. For example, if your property is damp because you have to dry your clothes indoors, your housing provider cannot lay blame at your door but must instead identify ways of improving the property’s ventilation.
Examples of the steps your housing provider should take on being notified of a damp and mould problem include the following:
- Assess the issue urgently to identify its severity and establish whether it places you at any risk.
- Promptly identify the underlying issue causing the damp and mould. If your health is in danger, they must not just act promptly, but urgently. They must not wait for medical evidence proving your health issues before taking action.
- Inform you of their plans for tackling the issue and likely timescales.
- Document the location of the mould with photographs before they remove it to assist in identifying the source.
- Remove the mould, with the help of a professional where necessary.
- Tackle the underlying cause, such as inadequate ventilation or structural deficiencies. Removing surface mould is not enough.
- Inspect the property at least six weeks after they fixed the underlying cause to ensure no further damp or mould has appeared.
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What Are Council Tenants’ Rights Damp And Mould UK?
The Government guidance on mould and damp in rented properties states that housing providers must treat every complaint seriously. If they don’t, and if they fail to remedy the issue after being made aware of it, you may be able to take legal action against them, compelling them to remedy the matter and pay you compensation.
The level of compensation you will receive for damp and mould depends on the circumstances, including how serious the problem is, how much rent you pay, and whether it has caused you any health issues.
When you instruct us to assist you with your damp and mould claim, you can be confident of receiving the very best legal advice and support. We will work tirelessly to force your housing provider to fix the problem and pay you the compensation you deserve. We avoid litigation wherever possible and have an outstanding reputation for securing excellent out-of-court settlements for our housing disrepair clients.
To speak to our housing disrepair experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
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