We look at what causes mould, when you must act if your rental property develops mould and whose responsibility it ism to fix the problem.
The combination of cold, damp weather and families cutting back on energy by shunning the tumble dryer and central heating has led to a rise in the amount of homes with mould problems this winter.
Condensation is the most common form of damp which can lead to mould growth. It appears when excess moisture in the air comes into contact with a cold surface, such as a window or a cold wall, and it can be caused by not ventilating or heating a home properly.
However, mould can also be caused by poor insulation or faulty heating, which as a landlord is your responsibility. Under an amendment in 2018 to the Landlord and Tenant Act 1985, tenants can apply to the court if they believe their rental home is “unfit for human habitation”, which it would be if excessive damp and condensation are causing significant mould problems.
However, this does not apply if the mould is caused by the tenants' actions. It's not always easy to work out who is responsible for resolving problems with damp because it can be difficult to find the exact cause unless it's obvious, such as a leaking roof.
As a landlord, you might be responsible for the damp if it means the property is not safe for tenant to live in - for example if it’s made them ill, but you can only act when the tenant makes you aware of it, so make sure you ask your tenants to report any problems to you straight away.
There are different kinds of damp a property may suffer from. Here is what you and your tenants can do to prevent mould and who's responsible to clear it up.
When is mould the landlord’s fault?
When the mould is the result of a maintenance issue or structural problem in a rental property, the responsibility generally lies with the landlord.
When is mould the tenant's responsibility?
In the absence of structural problems such as rising damp, leaking pipes, or a broken extractor fan, the responsibility may lie with the tenant. Drying clothes on radiators and not ventilating bathrooms and kitchens can lead to mildew and mould growth.
Different types of mould and damp
Rising damp: Rising damp is when moisture travels up from the ground to the height of about one metre. The walls will be damp at the bottom and you will sometimes see a 'tide mark' at the height the damp has risen to.
You can check if you have a damp proof course by taking a look at the damp wall from the outside. Look at around 30cms or so up the wall from the ground, and you should see a thin black line of either slate or plastic running horizontally across the brick work. This is your damp proof course. Check that you have not piled soil or anything else above this line or blocked any air bricks, as these can stop the damp proof course working.
As a landlord, you are responsible for keeping the structure of your property in good repair, any repair of the damp proof course will be your responsibility.
Penetrating damp: Penetrating damp is what happens when water enters into a home from outside, for example because of a leaking downpipe, roof or rotten windows or doors. In most cases where the damp is caused by disrepair, the landlord is responsible for sorting out the problem.
Construction damp: Construction damp is where damp is caused by a problem in how the property was designed, for instance if the basement becomes damp in wet weather because it has not been tanked. If the design problem doesn't affect the structure or exterior of your home or cause any damage to the building, then you may not have a responsibility under the tenancy agreement to prevent the damp. However, as the landlord you are responsible for repairs if a design problem causes damage to the building, for example to a wall or ceiling plaster.
Condensation: Condensation generally happens when a property can't deal with normal levels of water vapour because of a lack of insulation, ventilation or heating, or a combination of all three. It is the most common form of damp in rented properties and also the most common complaint from tenants to landlords.