Mould is the absolute bane of the lettings industry. Tenants usually want to blame the property whilst some landlords are quick to pass the buck to the tenant. Is mould a landlord responsibility or the responsibility of the tenant and is the question really that simple?
To start with, what actually is mould? Well, there are several different types of mould however black mould is one of the most common type found in homes. It is caused by excess humidity or dampness and can spread quickly if the underlying cause is not dealt with swiftly and efficiently. The cause of the mould is generally what determines whose responsibility it is. When determining the cause of the mould it is sometimes worth instructing a professional to assess, whether that be a plumber or a damp specialist, depending on what type of damp the property has. Having a professional assessment also provides a landlord or tenant with proof of the cause if it were to be disputed by the other party. This can be extremely useful in deposit disputes and can assist an adjudicator with determining cost liability, potentially saving a tenant or landlord hundreds of pounds.
Rising damp
Rising damp usually happens in older properties and is when moisture comes up through the bricks and mortar from the ground. It happens when the damp proof course fails (or maybe it’s not present at all in really old properties) which then allows the moisture to travel up through the bricks.
Penetrating damp/ Water Ingress
This type of damp is when a water infiltrates a property which can be caused by various different reasons. A leak or a missing tile are two examples of where penetrating damp can originate. When damp occurs in this way it is important to have the issue sorted out quickly to avoid damage to the property.
Condensation
Condensation is caused when damp or humid air meets a cold surface. In terms of general living, this can be caused by showering without the windows open or drying clothes inside without adequate ventilation to name a couple of examples however it can also be caused by structural issues of the property as well.
When mould is a tenant responsibility?
The tenant should report signs of mould to the landlord or letting agent as soon as it is spotted so an inspection can be carried out to determine whether the cause is possibly lifestyle habits or a potential structural issue with the property. If the mould growth has been caused by condensation due to the way the tenant has been living, then the responsibility would fall on the tenant.
If the cause is the tenant’s lifestyle habits then the landlord or letting agent may wish to send over any helpful information or guidance that can assist the tenants with altering their habits and reduce the mould. If the tenant did not comply and the mould continued to get worse, the tenant’s liability could increase to cover any further damages under negligence.
The tenant could also face some responsibility if the mould is caused by penetrating damp whereby an obvious leak has failed to be reported. It is usually written in most tenancy agreements that the tenant must report any maintenance issues to the landlord or letting agent imminently so it can be rectified swiftly. If failure to do so results in damage to the property, the tenant could be liable for compensation to the landlord.
When mould is a landlord responsibility?
The landlord can be responsible for all three causes of mould. As stated, having a damp specialist or plumber attend can assist with determining the cause of the damp. They can also advise on how to treat or rectify it as well. Some common examples where the landlord might be liable are:
- If condensation has been caused or worsened by blown double glazing
- If damp is caused by gaps in exterior brickwork allowing damp to penetrate
- If damp is caused by a leak
- If the property has no cavity wall insulation which allows condensation to form more easily, despite tenant living habits
Regular inspections of the property can help the landlord identify any areas of mould or spot anything that might cause a damp issue in the future. Under the Homes (Fitness for Human Habitation) Act states the landlord must ensure the property:
(a)is fit for human habitation at the time the lease is granted or otherwise created or, if later, at the beginning of the term of the lease, and
(b)will remain fit for human habitation during the term of the lease.
Therefore, it is important to ensure the property is properly maintained and fit for human habitation.
How can a landlord or tenant help reduce mould?
There are plenty of steps a tenant or landlord can take. Our helpful checklist details various different ways to help reduce the chance of mould at the property which can be found in our “Free Resources” section on our website.
Grade A Inventories are passionate about helping landlords’ ensure their properties are safe for human habitation which is why we feedback to our clients any areas of concern after visiting a property which is fully included in our services.