Living with mould in your rented home can be incredibly stressful. Not only does it look unsightly, but it can also ruin your furniture and belongings and, in some cases, cause serious health issues. Many clients who seek advice from our expert damp and mould solicitors do so when at their wits’ end, their landlords having failed to address the issue despite their pleas. The first question many ask is ‘Can I refuse to pay rent if there is mould UK?’
Here, our damp and mould solicitors consider whether you can refuse to pay rent when there is mould in your home. We discuss who is responsible for mould in rented property and explain the legal options available to you to resolve the issue.
To speak to our housing disrepair experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
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Who Is Responsible For Addressing Mould In Rented Homes?
In 2023, the Department for Levelling Up, Housing and Communities published guidance making it clear that it is landlords, not tenants, who are responsible for dealing with mould problems in rented homes.
The guidance states that mould is not the result of a tenant’s lifestyle choices and that the responsibility for investigating, identifying, and addressing the underlying cause of the problem lies with the landlord.
Accordingly, your landlord cannot blame you for the mould in your property. Your home should be capable of accommodating the number of people living in it without developing mould. Whilst you might choose to take measures to reduce it for your own comfort, such as opening windows, the onus is on the landlord to ascertain and fix the underlying issue. They cannot seek to evade their responsibilities by blaming you.
What Should I Do If There Is Mould In My Rented Home?
If you are experiencing problems with mould in your rented home, it’s important to take swift, decisive action to avoid it ruining your belongings and affecting your health. Generally speaking, the steps you should take include the following:
- Inform your landlord. Before taking legal action against your landlord for mould in your home, you must inform them of the problem and allow them a reasonable time to remedy it.
- Gather evidence. You should take photographs of the areas of mould and keep a note of where the mould is located and how severe it is. If the mould has ruined your belongings, you should take photographs of those items showing the damage. You can use this evidence to prove to your landlord the severity of the issue and to support any legal claim you bring.
- Keep records. You should keep a record of all interactions you have with your landlord regarding the issue. If you discuss the problem with your landlord in person, it’s a good idea to follow up on your conversations in writing, for example, by email or text message.
- Seek medical advice. If you believe the mould in your home is affecting your health or that of your family, you should seek medical help. Most importantly, the medical professional will be able to assess the condition and advise on how best to treat it. You can also use the medical notes to support any claim you bring against your landlord. Examples of the most common medical issues caused by mould include respiratory infections, allergies, and increased asthma symptoms.
- Seek legal advice. If your landlord refuses to address the issue, you should seek legal advice from experienced damp and mould solicitors like ours to ascertain your legal position and understand your options.
Can I Refuse To Pay Rent If There Is Mould UK?
Withholding rent until their landlord remedies the mould in their homes seems like a sensible solution to most tenants. However, you do not have the right to refuse to pay rent in these circumstances. If you fail to pay the rent as stipulated in your tenancy agreement, you may be in breach of your obligations, and your landlord may start possession proceedings against you with the aim of evicting you from the property.
So, the answer to the much-asked question, ‘Can I refuse to pay rent if there is mould UK?’ is, unfortunately, no. However, that does not mean you must suffer in silence. Tenants whose homes are affected by mould may be entitled to compensation from their landlords, as we explain in more detail below.
What Are My Rights If I Have Mould In My Rented Home?
If you have notified your landlord of the problem with mould in your home and they have failed to address it in a reasonable time, you may be entitled to bring a claim for compensation.
The level of compensation you are entitled to depends on several factors, including the severity of the issue and how much rent you pay. Many claims for mould in rented homes settle before trial, since the involvement of experienced damp and mould solicitors like ours often focuses a landlord’s mind and encourages them to fix the problem.
To speak to our property experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
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