Damp and mould in private rented property can ruin a family’s home life, destroying their belongings and causing severe health issues. If your landlord refuses to resolve the issue despite you asking them to do so, you may have grounds to take legal action against them.
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What Is Damp And Mould?
Damp is caused by excess water. The three main types of damp in a home environment are rising damp, penetrating damp, and condensation.
• Rising Damp
Rising damp occurs when groundwater rises through a property’s brickwork. Most buildings are protected from rising damp by a barrier known as a damp-proof course. If the damp-proof course in your home fails, you may experience rising damp.
• Penetrating Damp
As its name suggests, penetrating damp is damp that penetrates your home from outside. It can occur when water gets in through gaps in the windows or cracks in the brickwork.
• Condensation
Condensation occurs when the outside air is cooler than the air inside your home. The more moisture in a room, the greater the chances of condensation forming. That’s why some rooms, such as bathrooms, experience more condensation than others.
Mould is a form of fungus that develops in poorly ventilated areas. The most common types of mould to develop in homes are green mould and black mould.
What Issues Can Damp And Mould Cause?
Living with damp and mould can be an incredibly stressful experience. They look unsightly, destroy your belongings, and, in severe cases, cause serious physical and mental health issues. For example, breathing in damp and mould can cause problems with a tenant’s airways and lungs, leading to respiratory infections and asthma attacks. They can also affect a tenant’s eyes and skin and cause skin rashes.
If you’re living with damp and mould, you must address the issue as a priority to minimise their harmful effects on you and your family.
What Should You Do If There Is Damp And Mould In Your Private Rented Property?
As soon as you notice damp and mould in your private rented property, you should alert your landlord to the issue. You should contact them in writing to ensure you have proof of your complaint.
At the same time, you should gather evidence of the damp and mould in your home. If your landlord refuses to address the issue, you can use this evidence to support any Court claim you subsequently pursue.
Examples of the types of evidence that can help support your position include the following:
- Photographs of the damp and mould.
- Photographs of any furnishings and belongings that have been ruined by the damp and mould.
- Correspondence between you and your landlord discussing the issue.
- Your medical notes if the damp and mould have caused you to suffer physical or mental harm.
What Should Your Landlord Do About Damp And Mould In Your Private Rented Property?
On receipt of your complaint about damp and mould in your private rented property, your landlord should take the following steps:
- Assess the severity of the damp and mould and their risk to you and your family.
- If the damp and mould pose a risk to your and your family’s health, your landlord should take urgent action to address them.
- Inform you of their plan for dealing with the damp and mould and the likely timescales.
- Remove the surface mould.
- Identify and address the underlying causes of the damp and mould to ensure they do not return.
- Return to inspect your home at least six weeks after the remedial work has been completed to check that the damp and mould have not resurfaced. If they have, your landlord should undertake further investigations.
What Can You Do If Your Landlord Refuses To Fix Damp And Mould In Your Private Rented Property?
The law firmly believes that everyone deserves to live in a decent home. Accordingly, it places a variety of obligations on landlords to ensure that the properties they let to tenants are suitable for those tenants to live in.
For example, a key legal obligation of landlords is to repair the structure of the properties they own. Flaws in the structure, such as missing roof tiles and cracks in the walls, can cause damp. Your landlord is legally obliged to fix these structural issues which, in turn, should resolve the damp and mould in your home.
If the damp and mould in your private rented property stem from your landlord’s failure to adhere to their legal obligations, you may be able to take legal action against them, forcing them to resolve the issue and pay you compensation. Our expert damp and mould solicitors will review your situation, advise on the merits of your case, and devise a strategy that will resolve the issue as quickly and cost-effectively as possible.
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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