Who is responsible for mould in a rented property?

This month, 2-year-old toddler Awaan Ishwak sadly passed away after a housing association rented out a mouldy flat to his family for 3 years. The exposure to the mould lead to a respiratory condition which ultimately lead to Awaab’s death.

Rochdale Boroughwide Housing (RBH), who rented the accommodation to Awaan’s family,  accepted there was mould in the house but had the nerve to accuse the lifestyle of the family alleging that their “ritual bathing” habits caused the mould and further accused Awaab’s family for failing to take action to control the damp and mould. As the inquest unfolded it was obvious RBH could not avoid responsibility entirely.

Months later, RBH finally admitted they carried some responsibility for the mould. RBH provided the Court with documentation of admissions. Light was shed on the fact that Awaab’s parents had reached out to RBH in 2017 to report mould and had contacted them several times after about the mould up until their child’s death. RBH also admitted after the inspection of the home on 14 July 2020, when the mould was examined, they should have undertaken remedial action which would have prevented the death. RBH also acknowledged it was unfair to shift the blame on the lifestyle of Awaab and his parents regarding the so called “ritual bathing” even though RBH workers never asked Awaab’s parents if such bathing actually took place, which Awaab’s father insisted they did not.

RBH’s failure to act was made even more disgraceful when they received a letter from the family’s NHS health visitor stating she had attended the property and was worried that the mould could affect Awaab’s health. Additionally, the mould was so serious that only professional involvement could remedy it. In other words, Awaab’s family was depending on the landlord to act.

What’s the law?

The Housing Health and Safety Rating (HHSR) determines that damp mould is an essential repair as it can cause health issues for tenants. Mould is a fungus which can aggravate difficulty breathing, irritation, allergic reactions. Skin rashes and asthma attacks. Mould not only affects physical health but also the mental wellbeing of tenants. Hence, why it is important landlords act swiftly in dealing with mould.

Legally, rising damp (process of water rising from the ground up to a building through bricks) or penetrative damp (leaks in the property allowing water to enter) under section 11 of the Landlord and Tenants Act 1985, is the proprietors responsibility to resolve mould issues caused by structural defects. However, where there is interior condensation caused by the tenant, the burden shifts on the tenant.

What a tenant and landlord should do if mould is found

If a tenant finds mould in the rental property they should immediately notify the landlord. Once the issues has been reported, the landlord has to respond within 14 days. A landlord should ascertain the cause of the mould by organising an inspection and make repairs where required. If the landlord does not respond within 14 days the tenant can contact the local council to force the issue through.

If a landlord does not repair such damage the tenant may claim against the landlord for negligence. In serious cases the tenant can end their tenancy agreement if there is a break clause in the contract. If there is no break clause the tenant can contact the local council who will issue a notice to the landlord to make repairs.

In many housing cases we see, mould and damp in a rented property is often a result of disrepair or ignorance on part of the landlord, and can be made worse by the landlord’s failure to make repairs promptly. If you are a social or council housing tenant and need any assistance in this regard, please contact our Michael Coyle with any pictures of your property. We cannot guarantee that we will take on your case but we will ensure to do the best we can to assist.

To contact Michael directly, please email Michael.Coyle@lawdit.co.uk.

If you have any questions relating to this article or wish to discuss anything further, contact Lawdit today!

Written by Zohaib Tahir an LLM student at Solent University