Recently, Rochdale Borough Housing was found responsible for the mould-ridden conditions of a flat which sadly led to the death of a 2-year-old child.
Awaab Ishak died just days after his 2nd birthday in December 2020. The inquest into Awaab’s death found that it was caused by exposure to extensive mould and fungus within his home in Greater Manchester. The black mould caused a severe respiratory issue, which would leave the small boy regularly suffering coughing fits and breathing difficulty for days at a time.
The housing body that managed the flat where the Ishak family lived received 106 formal complaints about damp and mould in their properties over the last year yet delays and failures to help have resulted in large numbers of families living in poor, dangerous conditions and one very young boy losing his life.
Following the trial, which raised a number of serious concerns, there are calls to ensure that this never happens again and that the laws are changed to put more onus on private landlords to deal with issues such as damp and mould.
In this article, we take a look at;
- Who is responsible for mould or damp in rented properties
- How to prevent mould issues
- Why it is important to spot the warning signs
- When to contact your Landlord; and
- How to seek legal advice
Damp and Mould in Rented Property
Although the majority of rented properties in the UK are in good condition, damp and mould can be a recurring problem for both landlords and tenants. Properties that are in colder areas of the country, are shaded by large trees or buildings, are old buildings, situated near water sources or properties with limited ventilation can be more susceptible to damp problems.
There are various causes of mould in properties, and it is helpful to understand what is causing the problem in order to find the right solution (and who is ultimately responsible).
- Condensation
This is the most common cause for damp in homes. Condensation occurs when warm air collides with cool surfaces. The moist air then cools and releases water droplets, which can then turn to mould and fungus if left. This can often be caused by poor ventilation, poorly heated homes or by the living habits and behaviours of the occupiers.
The lines can be blurred if the blame is to lay with the landlord or the tenant depending on the exact cause of the damp and what measures were taken to prevent it or put it right.
- Penetrating Damp / Structural Damp
This occurs when there has been a water related trauma in the property. It could be from a burst water pipe, a plumbing issue, leak, missing roof tiles, guttering or drainage problems etc. Often once the issue has been repaired, then the damp and mould shouldn’t be a long-term problem. It can be cleared up and re-decorated if damage was caused but can be harmful if left to linger.
Leaks, pipework and structural issues are the Landlord or Social Housing’s responsibility; however, tenants must report issues as soon as they arise.
- Rising Damp
Rising damp happens when ground moisture makes its way up thought the foundations and brickwork of a property. It is quite rare, as building regulations should prevent this problem from occurring. Properties are built with a Damp Proof Course (known as a DPC, where a non-absorbent material used as a barrier between the structure and the ground). Rising damp causes moisture to make its way into the home through the floor.
Unless a tenant has tampered with the DPC, then a rising damp issue will be the sole responsibility of the landlord or property owner.
Mould in Rented Property: Who is Responsible?
It can be difficult to ascertain who is responsible for putting right issues with mould, as sometimes both parties are equally responsible.
If the Tenants actions have caused the damp/mould then they could be held accountable and asked to pay for any repairs, damage and re-decoration required. If a tenant leaves a property with mould, then they are likely to lose all or some of their deposit to help foot the bill. If the problem is severe, then tenants could see themselves in an ongoing dispute with their landlord if they are left with an un-lettable property and significant damage to repair.
If the damp or mould is not down to the actions of the renter – but is because of a structural or plumbing issue, then the landlord is responsible for its timely repair. However, tenants of rented properties are obliged to report any issues ASAP. It is important that they do so, so that the problem can be investigated and remedied, to avoid any serious damage to the home and to avoid any personal danger or health concerns.
Landlords and Tenants alike should understand what they are responsible for in their tenancy agreements and contracts. Documents should be read thoroughly and written in a clear and simple to understand manner.
Landlords do not want to find themselves personally responsible for the homelessness, ill-health, or death of a family at the hands of a mould issue which could have been prevented! Furthermore, the cost of resolving an issue that has been ongoing for a long time can be considerably more that the cost of prevention and early resolution. Landlords have a legal obligation to hold an Energy Performance Certificate (EPC) for any properties they let out and since 2018 all rented properties needed to have an EPC rated ‘E’ or above. This is set to progress and rise to ‘C’ or above by 2025. There is help available to rectify properties that need work to bring them up to standard, however, landlords must make sure they are not replacing one problem with another. They must ensure that they are not putting their property (and its occupants) at risk by reducing ventilation, even if the intentions are to improve the EPC rating.
Landlords should make sure they regularly inspect their property throughout a tenancy, have the correct insurances and attend to any issues and repairs promptly. They should instruct a surveyor if they have any concerns over damp before letting it out.
Signs of Damp/Mould to Look Out For
Before mould becomes a visible issue, there are a few warning signs that you can look out for. If spotted early, problems can be much quicker and less costly to resolve.
Whether you are viewing a property to buy / rent or are a landlord checking in on your property, these are some signs to be cautious of.
- Condensation and water droplets on windows and window seals
- Fogged up windows
- A damp or wet, musty smell
- Wallpaper peeling lose from walls
- Doors swelling or sticking
- Bowed or rotting woodwork such as skirting boards, door frames and railings
- Damp patches on floorboards
- Dark or discoloured patches on walls or floors
- Flaking paintwork (on paint that is not old)
- Visible mould - black or dark green / brown patches on walls, ceilings and carpets (often found behind furniture or on external walls)
How to Prevent Mould
Prevention is always better than a cure. Both landlords and tenants should take an active role in preventing damp and mould in the property, to ensure they have a pleasant and safe home to live in and to prevent any major issues form occurring.
- Regulate the temperature of the property – try to avoid it becoming too hot or too cold or temperatures changing too suddenly
- Ensure the heating system is in good order and regularly serviced
- Only use professional, trusted contractors to install windows, plumbing or carry out any repairs
- Ensure that windows have ventilation points and can be safely opened
- Increase ventilation by opening windows to allow air into the property throughout the year
- Ventilate the property when cooking, washing floors, showering, running a bath or using a tumble dryer
- Always use an extractor fan (if you have one) when cooking, showering or bathing
- Avoid placing furniture up against external walls as this can trap moist air from escaping
- Try to dry clothes outside if possible or avoid wet clothes lingering around the house for long periods of time
- Consider a dehumidifier if you are in a property which is prone to damp
- Mop up condensation on windows when you spot it – making sure to wear protective gloves to avoid coming into contact with surface mould
- Promptly mop up any spills around the house
- Regularly check the plumbing, including looking inside cupboards or surrounds around sinks, toilets and baths
- Regularly clear gutters and drains from leaves and debris
- If you are a tenant – report any concerns, leaks, breakages or issues to your landlord immediately
- If you are a landlord – make sure you are regularly inspecting your property to keep on top of any issues and respond promptly to any issues raised by your tenant
Health Concerns with Mould
Exposure to mould and damp can cause a variety of health problems and can affect people at different levels of severity.
If you have any health issues that you think could be related to contact with mould, you should seek medical advice from your GP immediately. If you or someone you live with are experiencing severe medical problems or struggling to breathe you could visit your nearest hospital or call an Ambulance.
Generally, symptoms can include:
- Runny nose, sneezing and coughing
- Congestion
- Sore throat
- Headaches and migraines
- Respiratory problems
- Irritated eyes
- Skin rashes and itching
- Nausea
The longer people are exposed to mould, the more serious the problems are likely to become. Ailments can develop into more serious conditions such as tracheobronchitis, pneumonia, asthma attacks, immune problems and allergic reactions.
Babies, young children, the elderly, asthma sufferers or people with compromised immune systems are likely to be more vulnerable to health problems if they are exposed to mould in the home.
Mould, damp and cold living conditions can also exasperate pre-existing medical conditions.
Landlords have a duty of care to ensure a property is safe for tenants to live in. Ignore, painting over or delaying dealing with mould infestations is negligent.
Making a Claim Against Your Landlord or Housing Provider
If you or a member of your household suffers ill health due to exposure to mould within your property, then you may wish to seek compensation by making a personal injury claim.
If you find yourself forced to move out of a property or you are paying rent to live in a property that is not being correctly managed by your landlord or housing association then you might want to raise a formal complaint and escalate the issue further by speaking to a solicitor who specialises in property disputes.
When and How to Report Issues
It is important as a tenant to raise issues as soon as you become concerned. In the first instance, contact your landlord by phone and follow up with an email or letter so there is a time-stamped paper trail.
Make notes of dates and times that you have reported issues, chase up if required and keep records of when the landlord or contractors have visited the property.
Tenants should make their landlords aware of any vulnerable people living in the property that may be adversely affected by mould issues if not rectified quickly. If mould and damp is in bedrooms or rooms where the household are spending most of their time, then this issue must be treated as a priority.
Landlords Needing Legal Advice
Landlords who rent out their properties to tenants, either privately or through a property management company or an estate agent, may from time to time need the assistance of a Property Litigation Lawyer to help protect their investments, assist with any issues and help resolve disputes (ideally before they escalate).
If you need help with complaints from your tenants, overdue rent, disputes about noise, damage or disruption then please get in touch with our legal team today.
How to Instruct a Solicitor
The Lamb Brooks Litigation team are highly experienced in dealing with issues between landlords and tenants and all things property related.
If your rented property has fallen into disrepair, your landlord is neglecting their legal obligations or you have a tenant that is mis-treating your property or not allowing you access to make the necessary repairs, then please get in touch.
Our Personal Injury team are also on hand to discuss any health issues suffered as a result of poor living conditions and can assist you with a claim for compensation on a no win, no fee basis.
Please contact us on 01256 844888 to see how we can help you find a way forward. Alternatively, you can email, enquiries@lambbrooks.com or speak to our online chat assistant at any time of day.
Mould complaints are sadly quite common and can be incredibly dangerous if not resolved, as we have learned recently from the tragic case of 2-year-old Awaab Ishak. Please do not hesitate to get in touch to find out how we can help you.
The contents of this article are for the purposes of general awareness only. The do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.