Do you have problems with tenants complaining about mould and damp? As landlords ourselves we understand how frustrating this can be. Damp Genius can carry out comprehensive surveys to detail exactly what is happening in the property and why it is happening.
The Homes (Fitness for Human Habitation) Act progresses to applying to all periodic tenancies from March 2020. The act is designed to ensure all rented accommodation is of a good standard, giving tenants means of redress against landlords who neglect responsibility and provide substandard property.
Damp Surveys For Landlords
Damp, Mould And The Homes (Fitness For Human Habitation) Act
The act sets out a number of criteria which may be looked at by a court when deciding if a property is fit for habitation. Out of the main 9 criteria listed 2 of them relate directly to damp and mould.
- the building has been neglected and is in a bad condition
- the building is unstable
- there’s a serious problem with damp
- it has an unsafe layout
- there’s not enough natural light
- there’s not enough ventilation
- there is a problem with the supply of hot and cold water
- there are problems with the drainage or the lavatories
- it’s difficult to prepare and cook food or wash up
- or any of the 29 hazards set out in the Housing Health and Safety (England) Regulations 2005
Is A Landlord Responsible For Damp?
The answer to the question is yes….and no. Or it depends. Or any other frustrating answer. The truth is that if your tenant is keeping the property in a poor state like this….
….then it could reasonably be argued that the damp or condensation is not the landlords fault. However, if the property is relatively tidy, with a sensible number of occupants, then the landlord will struggle to put all the fault on the tenant unless they can prove they have taken all reasonable steps to ensure damp is not a problem.
The only way to be sure is to have a full damp survey confirming that the ventilation is adequate and the damp is under is controlled.