Damp and mould pose a significant problem for many families renting homes in England. Tenants’ rights for damp and mould UK depend on the circumstances of the case, including why the issue arose and its effects on the tenants’ lives.
The problems caused by mould in a house are wide ranging and can be severe. It looks unsightly, ruins a tenant’s furniture and belongings, and, in particularly bad cases, can cause serious health issues. The law recognises the need to protect tenants from living in homes riddled with damp and mould and affords them a range of rights against landlords who fail to address the issue promptly.
At Bartlett’s, we have a team of expert solicitors dedicated to assisting tenants to enforce their rights in connection with damp and mould. Consistently praised by clients for our ‘professionalism’ and ‘swift action’ as well as our ‘consideration’ and ‘patience’, our damp and mould solicitors will work tirelessly to resolve your matter as quickly and cost-efficiently as possible, enabling you and your family to return to enjoying a comfortable homelife.
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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Mould In House – Landlord’s Obligations
The law imposes several obligations on landlords in connection with rental properties. They include the following:
- Landlords must ensure that the properties they rent out are fit for their tenants to live in. A home might be unfit for human habitation because the conditions seriously affect their health or put them at risk of physical harm. Accordingly, if the type of damp present in your home is at risk of making you or your family ill, the property may be unsuitable for habitation and your landlord might be in breach of their legal duties.
- Landlords must fix any structural problems with your property and maintain its exterior. Since certain types of damp, such as rising damp and penetration damp, can be caused by problems with your property’s structure and exterior, their presence can indicate a breach by your landlord of their legal duties.
- Landlords must ensure the heating and working systems are in good working order. If your damp and mould problems stem from an inadequate heating system, your landlord may have breached their obligations.
Mould In House – Tenants’ Obligations
The Government is very clear that the responsibility for addressing the underlying issues that cause damp and mould in a home lies with the landlord and cannot be attributed to a tenant’s ‘lifestyle choices’.
However, there are proactive steps you can take to improve your living conditions until the matter is resolved. They include keeping your home adequately heated, regularly airing your home, and keeping condensation to a minimum, for example, by opening the windows when you are cooking or taking a shower.
Mould In House – Tenants Rights
If the damp and mould are a result of your landlord breaching their duties, you can take legal action forcing them to fix the issue. You may also be entitled to compensation.
The compensation you can expect depends on several factors, including how much rent you pay, the severity of the damp and mould, and their impact on your daily life.
Before taking any action, you must have informed your landlord about the issue and allowed them a reasonable period to remedy it. If they fail to do so, you should seek legal advice. Mould can be incredibly harmful to those living with it, so swift, decisive action to address the problem and protect you and your family is vital.
Our team of experienced damp and mould solicitors will review the facts of your case and advise you on the best way forward. They will ordinarily begin by sending a letter to your landlord outlining the issue, detailing your rights, and setting out what your landlord must do to avoid you taking legal action.
Often, receiving a formal legal letter from a well-known firm of solicitors like Bartlett’s is enough to encourage the recipient to engage with the issue and adhere to their legal obligations. If they continue to evade their duties, we will advise you on the possibility of attempting to settle the matter through an alternative dispute resolution method like mediation. Mediation is quicker and cheaper than litigation and often produces excellent results.
If negotiations and alternative dispute resolution fail to yield results, you may need to issue Court proceedings against your landlord. Our damp and mould solicitors have vast experience of representing tenants in Court cases relating to housing disrepair issues, including damp and mould. We will support and guide you through the process, fighting your corner every step of the way.
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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