Damp and Mould | Who is responsible

One of the legal rights a tenant has, is to live in a safe and healthy living environment. This means agents and landlords must take care of any mould problems; they must act quickly to address such problems because mould can have a severe detriment on the tenant’s and any occupier’s health particularly if they suffer from health issues, such as asthma.  

If the agent or landlord fails to address any mould issues at the property – the tenant may report the issue to the local council. The council may then schedule an environment health inspection on the property and, if appropriate, a notice may be served on the landlord requiring certain repairs works to be completed by a specified date.

If the council have served an improvement or enforcement notice on the landlord following their inspection – they cannot serve a Section 21 Notice within six months of the notice being issued and any notice served within this time would be invalid.

Additionally, if the landlord has filed a possession claim at the court against the tenant and the tenant subsequently files a defence and counterclaim regarding the property condition, they may incur additional delays and costs in respect to the possession claim. Plus, there is a risk that the court may approve the tenant’s defence and counterclaim, and this could impact the possession claim and the amount of money to be awarded to the landlord.

Therefore, if the agent or landlord is ever made aware of any mould issue or any other necessary repairs, we advise them to complete necessary repairs as soon as possible.

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