Landlords & Tenants

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Mould is a serious problem, and since 2004 mould has become a class one hazard, which is the same class as asbestos, (as defined under the Health and Safety Hazards Rating System (HHSRS), local authorities and letting agents are legally obligated to ensure that their properties are free from damp and mould. The Environmental Protection Act (1990) defines mould as a statutory nuisance that must be treated

 

Damp, Condensation and Mould in Rental Property 

This is a common problem in homes. Older properties tend to suffer more than new ones, but rental properties are particularly prone.

The problem is often a matter of degree: from a small patch of mould or discoloured wallpaper behind the wardrobe, in the very top corner of a bedroom, to serious amounts of mould growth across walls, inside wardrobes and on clothes, furnishings, carpets and in basements.

Mould is a serious problem for both Landlord and Tenant:

It’s a serious problem because of the health risks associated with mould spores. The mould fungi have been identified as the source of many health problems, including infections, asthma, allergies and sinusitis. Moulds produce allergens, irritants, and in some cases, toxins that may cause reactions in humans.

In the USA mould has resulted in numerous lawsuits and substantial damages awards. So much so that US insurance companies are now excluding mould related claims from their casualty, property and environmental insurance policies. The exert below from a US legal conference introduction shows how seriously the problem is now being taken in the US:

“Toxic mold [mould] claims are rising – and some experts believe that we have only seen the tip of the iceberg in the case of commercial property claims. The toxicity of mold has become a source of complex environmental litigation, a public health issue and a trap for legal counsel acting on a purchasing or financing. The costs of remediation have escalated to unprecedented levels. Insurance coverage disputes, as well as a conflicting quilt of new legislative and regulatory approaches, make toxic mold claims even more complex”

The problem is complex and insidious, and is a particular worry to landlords because of these potential legal claims.

UK legal cases so far have been much smaller in number but the ones that have been brought have seldom been straightforward and liability has just as often fallen on the occupants (tenants) as it has on the owners (landlords). The US experience shows that the situation could be about to change here.

The main causes of mould:

 

Water leaks from windows, roof, downspouts, guttering, internal plumbing and floodingPenetrating damp through walls Rising damp – usually caused by non-existent or defective damp proof courses. Wet or damp basements or crawl spaces Who is Liable?Causes of mould growth from straightforward building defects are without doubt the landlord’s responsibility in a residential property. This may be different in commercial properties where the tenant takes on repairing responsibilities. Even years later, once the conditions are allowed to deteriorate again, without the property having undergone thorough eradication treatment, the mould can quickly re-appear.Condensation is generally noticeable where it forms on non-absorbent surfaces (i.e. windows, window sills, mirrors or tiles) but it can form on any surface and it may not be noticed until mould growth or rotting of material occurs.

Conditions for Condensation 

 

Moisture can also be drawn from the structure of the building into the internal air, from below the floor or through the walls/ceilings. Problems with the structure of the building can mean that its moisture content is unnecessarily high. This can either be due to the method of original construction or as a result of structural failures. Older houses may not have a damp proof course (DPC), which prevents soil moisture from rising up into the living areas. Solid floors can also lack a DPC. Buildings may lack or have insufficient airbricks to allow adequate under floor ventilation, which is vital to prevent mould growth and timber rot problems. Structural failures or design faults can range from missing or bridged DPCs, damaged gutters, down spout pipes, porous pointing or brickwork, and lack of cavity trays on adjoining extensions, to leaking roofs. Houses have become effectively sealed boxes, keeping in any moisture produced within the house and providing ideal conditions for condensation to occur. Ventilation is only effective if it is consistent throughout the whole envelope of the house. Condensation is encouraged by poor air circulation where stagnant air pockets form (behind furniture and in cupboards) and the first evidence is often the appearance of mould growth and a musty smell on clothes in wardrobes. The warm moist air rises to the highest points in the building, forming condensation in those areas, which are often coldest, including bedrooms, wardrobes and upstairs bathrooms and toilets etc. Check the structure of the building first for obvious defects: Check that the walls are not suffering from rising damp.Mould is a serious problem, and since 2004 mould has become a class one hazard, which is the same class as asbestos, local authorities and letting agents are legally obligated to ensure that their properties are free from damp and mould.It is advised that it is not removed without wearing personnel protection equipment and respiratory apparatus. We understand the distress that is caused by having black mould in your home.As with most things in life there is a right and a wrong way to carry out the task in hand. The same rule applies to black mould eradication. We will carry out the task using the correct procedure, which will reduce any upset to you and your property.If you treat black mould by the wrong methods i.e., bleach or any other non approved treatment it will make the problem worse over the course of time, and will always return.Specialist Mould Removal operatives are fully trained and qualified in the use of specialised mould removal chemicals.Check that all airbricks are clear and consider fitting additional airbricks to ventilate under suspended floors. Modern practice is to fit a duct across the cavity so that the cavity itself is not ventilated. Check that there are no leaking water tanks or pipes within the house. Mould is a serious problem, and since 2004 mould has become a class one hazard, which is the same class as asbestos, local authorities and letting agents are legally obligated to ensure that their properties are free from damp and mould.It is advised that it is not removed without wearing personal protection equipment and respiratory apparatus. We understand the distress that is caused by having black mould in your home.As with most things in life there is a right and a wrong way to carry out the task in hand. The same rule applies to black mould eradication. We will carry out the task using the correct procedure, which will reduce any upset to you and your property.If you treat black mould by the wrong methods i.e., bleach or any other non approved treatment it will make the problem worse over the course of time, and will always return.It Has 2 Be Done Ltd operatives are all fully trained and qualified in the use of specialised mould removal chemicals.

 

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