Damp and Mould Policy

Damp and Mould are classified as a Hazard under the Housing Health and Safety Rating Scheme (HHSRS) 2006. Damp and Mould can cause breathing difficulties,  asthma, rhinitis and the condition is often linked to depression and anxiety.

The Homes (Fitness for Human Habitation) Act 2018 amended the Landlord and Tenant Act 1985, with the aim of ensuring that all rented accommodation is fit or human habitation. While it did not create new obligations for landlords, it required landlords to ensure their properties are fit for human habitation at the  beginning of, and throughout, the tenancy. The Landlord and Tenant Act does not define "fit for human habitation", but in considering whether a property is "fit for human habitation" consideration should be given to repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, facilities for preparation and cooking of food, the disposal of wastewater and any other prescribed hazard.

The Homes (Fitness for Human Habitation) Act 2018 also strengthened tenants' means of redress where landlords do not fulfil their obligations, with the  expectation that if tenants are empowered to take action against their landlord, standards will improve. The Act gives the tenant the right to take their landlord to court if they consider their home is not fit.

Clause 42 of the Social Housing (Regulation) Act 2023 (known otherwise as Awaab's law) inserts into social housing tenancy agreements an implied term that  requires social housing landlords to comply with new requirements to be detailed in secondary legislation. This secondary legislation will require social housing landlords to repair certain hazards (including mould and damp) within prescribed timescales. If a social housing landlord fails to meet these prescribed  timescales, then tenants will be able to act against the landlord for breach of contract. This is a further strengthening of regulatory requirements by including timescales, the Fitness for Human Habitation Act 2018, used "within reasonable timescales" for completion of work. 

This policy has been updated to reflect clause 42 of the Social Housing (Regulation) Act 2023 and has been revised to reflect the timescales set out in that legislation for inspections and works to be completed.