Building a defensible position: how landlords should address mould reports
In recent articles, we discussed the introduction of Awaab’s Law to the private rental sector and how it's due to interact with existing legislation. We highlighted how it empowers contract-holders to take legal action against landlords for damp or mould issues. With this in mind, we want to emphasise the importance of landlords establishing a defensible position from the moment tenants report mould-related concerns. Key steps include:
- Providing tenants with clear guidance on the common causes of condensation, tips for prevention, and methods for treating it if it arises.
- Equipping occupiers with the necessary ‘tools’ to properly ventilate and heat their homes, such as functional extractor fans in kitchens and bathrooms, openable windows, trickle vents where possible, sufficiently sized and positioned radiators, tumble dryers and/or suitable washing lines for drying clothes, and double glazing.
- Documenting living conditions through photographs and videos during inspections, which can reveal whether the provided ‘tools’ are being used properly or even require repair.
As colder and wetter weather sets in, we’ve seen an increase in reports of “damp” and “mould” from occupiers. Looking at five reports we received last week:
- Three were initially described as “damp,” but photographs revealed these were mould issues rather than damp. We explained the distinction between damp (caused by structural issues) and mould (which results from condensation). For further clarity, we direct contract-holders to the Damp vs Mould section of our website.
- Two reports correctly identified mould.
- In all five instances, all occupiers received educational materials on treating and preventing mould, along with an explanation of why it forms.
- Each of the five properties was inspected by CPS Homes within a week of receiving the report, where we took the opportunity to reinforce our written advice in person.
During the inspections:
- At two properties, we found clothes being dried indoors. In one, the heating was on but no windows were open, and in the other, neither the heating nor windows were in use, leading to condensation streaming down the windows. Both properties had tumble dryers, but one tenant avoided using it due to concerns over electricity costs, while the other was waiting for their housemate to finish with it.
- In two other properties, mould had appeared on walls beneath bay windows, which are prone to condensation as they are exterior and often the coldest walls in the house. At one property, a chest of drawers was pressed tightly against the wall, so we recommended moving it slightly to allow air circulation between wall and furniture. At the other property, the tenant admitted they had yet to turn on their heating this year, and didn’t have their trickle vents open. We stressed the importance of using heating to prevent mould and demonstrated how to use trickle vents.
- Finally, the fifth report involved mould on a bathroom ceiling. When we tested the extractor fan by holding a piece of tissue paper up it, it didn’t ‘catch’ it, which was enough to show us that it wasn’t working as it should be. The landlord authorised its replacement, which we arranged within 48 hours via one of our regular electricians. We advised the tenants that, while a working extractor fan is helpful, it isn’t a complete solution; they also need to take measures such as opening the window while showering.
While some of these issues may resurface, by issuing educational advice, documenting living conditions and ensuring the functionality of all landlord-provided tools, we’ve established a strong defensible position in case of further complaints from tenants or their families.
Learn more:
- Understanding Awaab's Law: What landlords need to know and why it matters
- Awaab's Law vs. Existing damp and mould legislation
Let us help you protect your investment and keep your occupants happy – because when it comes to your properties, we never miss a beat. To learn more, get in touch with us on 02920 668585 or email lettings@cpshomes.co.uk.
The information contained within this article was correct at the date of publishing and is not guaranteed to remain correct in the present day.
