Archives February 2024

What are the tenants rights to damp and mould compensation?

What are the tenants rights to damp and mould compensation? Damp, leaks and mould growth in rented housing can spark endless disputes between tenants and landlords regarding repairs duties. But in cases where excessive moisture causes proven illness or damage, what specific compensation rights can adversely affected tenants pursue?

Compensation Category 1 – Personal Injury

If poor property conditions directly provoke respiratory issues, allergic reactions or other medical complications, eligible tenants have rights to recover:

• Healthcare expenses like medication, doctor visits
• Loss of income from time off work
• General damages for physical/mental suffering

To claim, obtain doctor confirmation the symptoms resulted from hazardous exposure to fungal spores, bacteria etc rather than other factors. Photos evidencing mould growth in main living areas further builds the link to landlords breaching repair duties.

Compensation Category 2 – Property Damage

Tenants also commonly seek damages from landlords when:

• Leaks and penetrating damp rot wooden furniture
• Mould fouls clothes, fabrics and other possessions
• Waterlogging breaks electrical devices

Here, documented monetary estimates for replacing destroyed items or repair invoices from tradespeople help quantify losses for any claim.

Other Possible Claims

Additionally, some tenants secure payouts relating to:

• Temporary accommodation costs if houses require uninhabitable decanting during repairs
• Overall detriment to rent value from exposure to health risks
• Stress and disruption if landlords ignore repair notifications

In all instances, early written records of requesting landlords fix issues then facing inaction assists claims. But most critically – no tenant should suffer poor health or unsafe surroundings from neglected housing defects. Flagging rights to court-ordered compensation motivates overdue improvements.

If you want free expert advice on what your rights are as a social housing tenant, then please feel free to contact our client services team. They will listen to your issues and let you know what your options are.

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/

What is the new law on damp and mould?

What is the new law on damp and mould? Damp, mould and condensation blight far too many English and Welsh rental properties, risking tenant health and disputes. But new November 2023 legislation bolsters renters’ rights regarding excess moisture issues. We summarise the key changes now in effect to help tenants assert improved living standards.

Expanded Landlord Duties Around Damp and Mould Prevention

The Residential Properties (Damp and Mould) Act 2023 for England and Wales enshrines new legal duties compelling both council and private landlords to actively:

• Survey rental properties for damp and mould risks before new tenancies
• Fix identified problems like leaks, install proper insulation, heating, ventilation
• Provide new tenants an official moisture risk assessment report
• Respond within strict timeframes to damp/mould issues reported mid-tenancy

Timescales range from urgent 24 hours mould disturbance works to 28 days for installing new ventilation systems.

New Rights Letting Tenants Terminate Over Persistent Issues

If landlords ignore new obligations and allow hazardous damp, mould etc to persist through negligence without repairs, tenants now have explicit grounds to legally end tenancy agreements early without penalty.

Compensation for Illness and Damage

Where landlords didn’t reasonably comply with duties leading to tenant harm from conditions like mould-related respiratory illness, residents can claim compensation for health impacts, property damage and losses under the new Act.

Overall, the 2023 legislation cements housing fitness accountability on landlords, not tenants, reflecting expert medical knowledge on damp risks. Check government guidance to ensure your rights stay protected.

If you think your social housing landlord is breaking the law. Then please feel free to get in touch and book a free no obligation consultation on making a housing disrepair claim against your landlord. Our team are available seven days a week to answer any and all questions

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/

Can I leave my rental if there is mould?

Can I leave my rental if there is mould? Finding some minor mould in damp areas like bathrooms may be an unfortunate reality in many rentals. But can tenants legally break their tenancy agreements and leave properties if severe hazardous mould renders homes uninhabitable? We explore your rights when fungal infestations get out of control.

Defining a Chronic Mould Problem

More than just some surface mildew in the grout or a patch of fungus on an exterior wall, chronic dangerous mould issues normally involve:

• Substantial mould growth affecting most rooms
• Landlords failing to remedy root causes like leaks or moisture
• Loss of safe habitable space from contamination
• Legitimate fears regarding health impacts like lung inflammation

Usually such severe cases result from long-term structural defects or major events like floods. Evidence from doctors, inspectors and legal experts will back up tenant claims.

When You Can Legally Vacate Due to Mould

If you’ve extensively reported hazardous mould without a landlord’s reasonable attempts to treat causes and remediate contamination, housing law in your defence may enable you to:

• Break the tenancy agreement on health/safety grounds
• Sue landlords for compensation if mould provably caused illness/damage
• Stop paying full rent if the property becomes legally unfit for occupation
• Ultimately vacate the property while still paying owed rent short-term

Each situation differs, so document evidence and always consult housing legal experts first. But the law prevents landlords ignoring severe mould affecting basic tenant welfare.

Seeking Temporary Relocation

If individual units get overrun by mould/fungi during planned works, responsible landlords should provide temporary safe accommodations elsewhere until fixes complete. This ensures tenants don’t bear the brunt of disruption. If you feel like we can be of any help, please contact our client services team today.

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/

Damp and mould in rental property

Damp and mould in rental property Finding patches of dark fuzzy mould and moisture-laden walls in a rental property can spark endless tenant frustrations. Either from rising damp, leaks, or condensation, excessive indoor moisture encourages mould growth that risks health. But what can renters do to fix damp and mould problems under UK housing rights? We take a look.

Landlord Requirements Under Housing Law

The critical starting point – landlords hold legal responsibilities under Section 11 of the Landlord and Tenant Act 1985 to effectively treat and prevent damp/mould issues in their rental properties. This covers:

• Stopping rising damp with proper damp proof membranes and ventilation
• Identifying and fixing structural leaks causing penetrating damp
• Providing adequate heating, insulation and ventilation to minimise condensation

Tenants reporting indoor damp or mould growth should have their landlord promptly inspect and make repairs to keep the property habitable. Ignore issues and tenants can pursue further action.

When Tenant Ventilation Efforts Matter

However, tenants also must take reasonable moisture prevention steps – chiefly keeping trickle vents open when cooking/showering and effectively heating/airing rooms. While ultimately accountable for faults outside tenant control, landlords can require residents follow condensation reduction steps.

Evidence like photos and maintenance records will help show each party acted reasonably if disputes proceed to housing tribunals.

Getting Environmental Health Inspections If landlords fail to fix damp/mould faults within a reasonable time, council environmental health teams will investigate and can require rapid improvements with legal notices. Severe cases also give tenants rights to pursue rent rebates or relocation assistance.

Nobody wants to live surrounded by hypoallergenic mould risks. Asserting housing rights firmly ensures tenants secure the healthy indoor conditions they deserve. If you feel we can help you, please contact our client services team today.

Important links

Housing Disrepair Advice: https://housingdisrepairadvice.org/contact

Housing Ombudsman: https://www.housing-ombudsman.org.uk/