Background and Legislation

Damp and mould issues in homes can exacerbate existing health inequalities and has become an area of increasing concern in recent years.

A set of challenging circumstances in the UK has drawn attention to the prevalence and impact of cold, damp and mould in UK homes. These include high energy prices, wider concerns about the cost of living, and an increasing focus on poor quality housing with respect to insulation and ventilation.

In December 2020, 2-year-old Awaab Ishak died from a severe respiratory infection caused by prolonged exposure to damp and mould in his home. This guidance has been produced in response to concerns raised by the Coroner following an inquest into Awaab’s death. In particular, it addresses the concern that ‘there was no evidence that up-to-date relevant health information pertaining to the risks of damp and mould was easily accessible to the housing sector’.

Since then, the media reported widely on poor conditions caused by damp and mould in both social and private rented housing, and the government wrote to all council leaders and housing providers in England setting out expectations in relation to damp and mould.

A brief overview of responsibilities

Landlords

Damp and mould is a common problem in rented housing and legislation requires landlords to take responsibility to deal with damp and mould if it is caused by disrepair or poses a risk to health and safety.

What if I need further advice?

Are you a landlord looking for more information? If so, click the link below for extra information and support

Tenants

A tenant must act in a tenant-like manner in their home. This means completing minor maintenance and repair jobs, such as changing lightbulbs or bleeding radiators. A tenant can reduce the risk of damp and mould by:

How do I prevent damp and mould?

Click here for great information, advice and solutions, all relating to damp and mould

Legislation Information

	Housing Act 2004	Environmental Protection Act 1990	Homes (Fitness for Human Habitation) Act 1990	Minimum Energy Efficiency Standards
What's in the law?	Properties must be free from hazards at the most dangerous ‘category 1’ level, as assessed using the Housing Health and Safety Rating System (HHSRS).	Statutory nuisances' that are prejudicial to health must be remedied.	Homes must be fit for human habitation.	Privately rented housing must meet a minimum energy efficiency standard of Energy Performance Certificate (EPC)-E.
Who enforces it?	Local councils.	Local councils.	Tenants.	Local councils.
Who does it apply to?	Applies to private and social rented sectors.	Applies to private and social rented sectors.	Applies to private and social rented sectors.	Applies to private rented sector only.
How is it enforced? Can be more than one enforcement route	Legal improvement notices requires works in a certain time period. Legal orders prohibiting the use of part or all of a property. The council doing works themselves and charging the landlord.	A legal notice requiring the nuisance is abated.	Tenants take their landlords to court.	Local councils enforce.
What's the penalty?	Prosecution and potentially unlimited fine set by the Magistrates' Court. A financial penalty of up to £30,000 set by the local council.	Prosecution and potentially unlimited fine set by the Magistrates' Court.	The court can order that works are carried out and that redress is paid to tenants.	A financial penalty of up to £5,000 set by the local council.