Government guidance: understanding and addressing the health risks of damp and mould in the home

Background

On 7 September 2023 the Department for Levelling Up, Housing and Communities published new damp and mould guidance for landlords following the inquest into the tragic death of two-year old Awaab Ishak in December 2020. The inquest concluded that Awaab’s death was as a result of prolonged exposure to mould in his family’s social housing flat.

Although non-binding, and relevant only to England, the guidance emphasises that landlords must treat cases of damp and mould with the utmost seriousness and act promptly to protect their tenants’ health.

The guidance states that “…tenants should not be blamed for damp and mould. Damp and mould in the home are not the result of ‘lifestyle choices’, and it is the responsibility of landlords to identify and address the underlying causes of the problem, such as structural issues or inadequate ventilation.”

The guidance covers 4 key areas: health risks, existing regulation, landlords’ response and reducing the risk.

Health risks

Damp and mould can produce irritants, allergens, mould spores and other toxins that can be harmful to health. Respiratory effects are the most common, but some people can experience other physical health affects not linked to the airways or lungs, such as eczema, fungal infections etc. Aside from this, the guidance sets out the potential mental health effects that some people may also suffer.

Certain people are also at an increased risk, such as those with a pre-existing medical condition, children or people with a weakened immune system. There are also groups of people who are most likely to live in homes with damp and mould, such as those experiencing fuel poverty, on low incomes, from ethnic minority backgrounds or those living with disabilities.

Landlords should advise tenants concerned about symptoms they are experiencing to consult a healthcare professional. Action to remedy damp and mould should not be delayed whilst awaiting medical evidence. Landlords should also be aware of, and understand the health risks of, damp and mould and those categories of people who are at higher risk of suffering from health issues as a result of exposure. Good record keeping and a collaborative approach, both internally and with external professionals, is important.

Existing regulation and legal standards

In responding promptly, landlords will need to establish the source of the damp, whether there is any defect to the property that is causing it, and then carry out the appropriate remedial work.

If all remedial action has been taken, landlords may be able to appeal or defend formal action taken under the legislation, even if damp and mould persists.

Responding to reports of damp and mould

Best practice should be adopted, with reports of damp and mould responded to promptly and sensitively, with particular urgency applied where concerns have been raised regarding the tenant’s health. Tenants’ personal circumstances and vulnerabilities should be taken into account, along with any barriers related to language, culture, disability and/neurodiversity that the tenant may face.

Tenants should be fully informed as to what will happen following a report, and given timescales for inspections and works. Best practice includes photographing the mould before any works, with follow up inspections at least 6 weeks after treatment. Where a concern has been raised about a tenant’s health, consideration should be given to offering them suitable alternative accommodation, subject to their agreement, whilst the issue is rectified (if appropriate).

Reducing the risk of damp and mould developing

There is particular focus within the guidance to the landlord’s processes and systems.

Systems and policies include: -

• keeping up-to-date records on housing conditions and reports of damp and mould
• a clear system setting out what will happen as a result of a report of damp and mould, as well as setting timescales to assess the issue and the carrying out of remedial works
• a policy on how data from damp and mould reports is collected, stored and shared within the organisation and with other professionals, if applicable
• systems for follow up procedures after treatment has been undertaken, and to trigger a review of the property and further remedial work if required
• a system for checks between tenancies, with the cause of damp and mould being addressed prior to the property being re-let
• any tenant-facing policies and processes should be accessible, have clear messaging, avoid attributing blame to tenants and encourage landlords and tenants to work together to improve the condition of the home. Such guidance should be available in different languages and in different formats to accommodate needs where possible.

Further legislative changes

Further legislative changes are to be introduced by way of the Renters (Reform) Bill and Social Housing Regulation Act in order to improve housing standards. With regards to social housing, the government is looking to: -

• introduce “Awaab’s law” to set out new requirements for landlords to address hazards such as damp and mould in social homes
• provide new powers for the Housing Ombudsman and change the law so that social housing residents can complain directly to the Ombudsman
• introduce new professionalisation standards that will require senior housing staff to hold, or work towards, recognised housing management qualifications.

Comment

Whilst the guidance is not statute, it shines a spotlight on the need to deal with the issue as a matter of urgency, with suggestions for improvements to ventilation, energy efficiency and heating systems that go beyond current legal repairing obligations. The guidance is also a stark reminder of the potential risks to health, both physical and mental, that damp and mould within the home can cause.

Landlords should review their policies and procedures and bring them in line with the guidance where necessary. Housing stock should be considered as a whole, with properties at risk of damp and mould identified, and proactive steps taken to reduce the risk where necessary.