Government Guidance: Understanding and Addressing the Health Risks of Damp and Mould in the Home

The government has recently published official guidance on the issues surrounding damp and mould in homes in England. In this report we will aim to summarise the weighty, 17,000 word document and explain some of the possible implications for landlords and the lettings industry.

Background to the guidance

The issue of damp and mould in rental property has long been an issue, but one which has often been swept under the carpet to some extent. However the death of a two year old boy, Awaab Ishak, in Rochdale in 2020 brought things to a head. At the inquest the coroner found prolonged exposure to mould in his family’s social home as the cause of death, and drew attention to a complete failure of the parties involved to deal with the issue.

The new guidance is a response to this tragic death and the subsequent, shocking conclusions of the coroner. It addresses concerns that health information on the risks of damp and mould is not easily accessible to the housing sector. It outlines how the government expects landlords to deal with the problem of damp and mould under the rules and regulations that already exist. It also outlines a commitment to tighten up the law on how damp and mould in housing should be tackled.

The report estimates that the number of homes in England with damp and mould ranges from between 4% to 27%, or between 962,000 to 6.5m households – either way a very significant problem. It focusses on PRS and socially rented homes as it says these residents are ‘more likely’ to experience these issues.

Who is the guidance for?

This guidance is mainly aimed at social and private rented housing providers in England including landlords, their employees and agents. It also says it is aimed at assisting healthcare professionals, environmental health professionals, the social care and voluntary sector.

Government guidance documents generally do not have the force of law in themselves. Instead they provide information and explanation on how to interpret the law. Where the guidance does not refer to a legal requirement they might be regarded as a guide to best practice.

Who developed the guidance?

The guidance was developed by the Office for Health Improvement and Disparities (OHID) at the Department of Health and Social Care (DHSC) in partnership with the Department for Levelling Up, Housing and Communities (DLUHC) and the UK Health Security Agency (UKHSA). It has been signed by the relevant departmental heads Steve Barclay MP and Michael Gove MP. It was developed together with an advisory group of experts in housing, health, damp and mould, and engagement with a wider group of experts and representative organisations.

Key takeaways from the guidance

The guidance is lengthy and quite complex, but it can be distilled down into four key areas as follows:

Damp and mould: The health risks and the extent of the problem

The guidance establishes that damp and mould are interlinked issues. Damp and mould within the home can produce allergens, irritants, mould spores and other toxins that are harmful to health. Excessive moisture can promote the growth of microorganisms such as mould.

The report says that the main health risks of damp and mould are to the respiratory system – the airways and lungs, but also the eyes and skin.

Significantly (and something that is often neglected) the report also refers to the impact of damp and mould on mental health. Due, for example, to the unpleasant living conditions it creates or the difficulties of trying to resolve the problem.

The guidance notes that while everyone is at risk from damp and mould children, the elderly and those with certain health conditions and disabilities are more at risk.

Notably, it says that groups that are more at risk are not merely those with age or health issues. It says other higher risk groups include those on low incomes, those who cannot afford heating/who are in fuel poverty, those in temporary accommodation and ethnic minorities. It adds that those who may face barriers to reporting damp and mould are also at higher risk. It mentions tenants who fear eviction, HMO tenants and non-English speakers.

The guidance identifies the types of properties that are more at risk. It says these include properties of substandard construction, poorly maintained properties and those with inadequate heating and ventilation. It also includes overcrowded properties, and properties where residents feel unable to open windows due to, for example, noise or security issues.

The report identifies different types of issue including condensation damp, penetrating damp, rising damp, traumatic damp (eg. leaks) and mould.

Legal standards regarding damp and mould

The report emphasises that landlords and others already have significant legal responsibilities relating to damp and mould problems. It notes that the Housing Act 2004, Environmental Protection Act 1990, Homes (Fitness for Human Habitation) Act 2018, Landlord and Tenant Act 1985, Decent Homes Standard, the Minimum Level of Energy Efficiency standards and Building Regulations 2010 are all relevant.

The report points out however that the law, procedures to be followed, enforcement and penalties vary greatly depending on whether the property is socially rented or private. It infers, perhaps, that this plethora of rules and regulations may make resolving damp and mould problems more difficult.

How landlords should respond to reports of damp and mould

The guidance sets out something of an ‘action plan’ as to how landlords should deal with damp and mould.

It says landlords should act urgently as soon as concerns are known or raised. They should not wait for medical evidence that a health risk is present.  (However, they should refer tenants who have concerns to a medical professional.)

The guidance places a clear emphasis on tackling the underlying causes, eg. building defects and inadequate ventilation, and not merely removing/cleaning away damp and mould.

The guidance suggests landlords can deal with the issues themselves or provide guidance to tenants on solutions. Indeed it provides some information on possible causes and cures. But it says they should seek professional advice where necessary to test for, identify and properly fix damp and mould issues.

Interestingly, it says landlords should keep a record of issues and attempts to resolve them, including keeping a photographic record.

Landlords should always keep tenants informed of what is being done. They should follow up any remedial work that is carried out to ensure a satisfactory outcome, with the report suggesting this should be done after 6 weeks.

The importance of taking a proactive approach

A key takeaway from the report is that it recommends landlords should take a proactive approach to damp and mould and not wait until issues become apparent. It emphasises that the sooner action is taken the better the likely outcome.

First of all, landlords should understand their housing stock, whether one or many properties. They should be aware of what types of properties, and what situations, are more likely to present damp and mould issues.

Landlords should consider mitigation measures – what they can do to prevent damp and mould in the first place.

The guidance says that landlords should encourage tenants to report any concerns at an early stage, and foster a relationship with tenants that enables them to feel comfortable about doing so. As well as giving support/advice to tenants (and resolving the issues) they should signpost tenants to third party help and advice.

It also recommends landlords should foster a relationship with third parties, such as contractors or health professionals, that enables damp and mould problems to be identified and dealt with effectively.

The guidance suggests that landlords should have an established procedure for dealing with and resolving reports of damp and mould, and should document this.

Lastly, the guidance does acknowledge that the procedures and actions necessary will vary depending on the type of landlord, ie. a large social housing provider should be expected to have more formal procedures in place compared to a small private landlord.

Going forward …. will there be new laws on damp and mould?

The government says that it is committed to ensuring a decent standard of housing for tenants in the social and private rented sectors. It says that this guidance is ‘part of a suite of work government is undertaking to secure better standards in rented accommodation.’

Going forward the government says that it will improve housing standards using upcoming laws including the Renters (Reform) Bill and the Social Housing Regulation Act. These measures will include applying the Decent Homes Standard in the PRS, a new private rented property portal and new powers for the Housing Ombudsman to accept complaints. Interestingly, they propose a new ‘Awaab’s Law’ to set out new requirements for landlords to address hazards such as damp and mould. They propose introducing new professional standards that require senior housing staff to hold, or work towards, recognised housing management qualifications. 

Summary

Starting from the ministerial foreword, the report asserts that the government believes everyone deserves to live in a home that is safe, warm and dry. It states that tenants should not be blamed for damp and mould. It says that it is the responsibility of landlords to deal with issues promptly, and address both the damp and mould and the underlying causes. It says that landlords must ensure that the accommodation they provide is free from serious hazards, including damp and mould, and fit for habitation.

Few good landlords would really disagree with these sentiments.

However, the latest guidance perhaps assumes something of a utopian world which doesn’t exist in reality. Although it is mentioned, the report to some extent brushes quickly over the fact that damp and mould frequently occur due to the inadequate construction standards of the past – and the fact many tenants cannot afford to heat their homes properly. These issues are well within the realm of government influence, and yet the report seems to suggest landlords should be entirely responsible for them.

Landlords and others in the letting business should find this guidance useful in helping them maintain and improve the standard of their property – something that all good landlords are always striving for. However, they should not ignore the lightly veiled message in the guidance, which is this: In light of the tragic events in 2020 the problem of damp and mould in rental property is now firmly in the spotlight. The government now considers that the responsibility for dealing with and eliminating damp and mould sits squarely with landlords. And the government proposes to tighten up on housing standards in this area in the future.

In summary, landlords will certainly need to keep an eye on what else the government might be planning to do subsequent to this new guidance. (They will also want to bear in mind if a general election, likely in 2024, might affect these plans.)

Further information

The report provides links to several annexes providing an extensive library of further information which may be of use to landlords and the wider industry. It links to resources and training for landlords and housing professionals, information on energy support for households and energy efficiency funding, and tenant guidance on damp and mould. There is also further information on how the guidance was developed.

A copy of the full guidance document can be accessed here: Understanding and addressing the health risks of damp and mould in the home