Ombudsman’s Damp and Mould Guidelines for Agents

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The Property Ombudsman has released new guidance to help agents, landlords, and tenants address issues related to condensation, damp, and mould in rental properties. This guidance is aimed at improving how these common problems are managed and resolved.

A recent survey conducted by TPO of 719 letting agents found that nearly all respondents had dealt with properties affected by damp and mould. The survey highlighted that 42% of letting businesses are currently managing properties with ongoing damp and mould issues. Additionally, 9% of agents expressed concern about landlords’ ability to recognise these problems effectively. Despite this, 72% of agents were confident in their ability to resolve such issues promptly when they arise.

The survey also indicated that most agents attribute damp and mould problems to tenant activities. Common causes identified include drying clothes on radiators, not using extractor fans while cooking, and improper ventilation in bathrooms and kitchens. The new guidance aims to address these issues and provide clearer strategies for both prevention and remediation.

When damp and mould issues are traced back to construction defects, most letting agents agree that the property should not be rented out until these problems are properly addressed. This approach aims to prevent further damage and ensure the property meets acceptable living standards before new tenants move in.

In 2023, The Property Ombudsman reported receiving over 1,000 enquiries related to damp and mould. Of these, more than 200 cases were investigated specifically for issues involving damp and mould. As a result of these investigations, tenants were awarded £36,000 in compensation for the inconvenience and damage caused by these issues.

Research by The Property Ombudsman has shown that letting agents who are not confident in identifying and dealing with damp and mould issues often struggle to resolve these problems effectively with landlords. This lack of confidence and expertise can lead to prolonged issues for tenants, highlighting the need for agents to be well-informed and proactive in managing such concerns.

While the majority of respondents felt that landlords were generally aware of the issues related to damp and mould, 23% of those surveyed expressed doubts about this confidence. This uncertainty often results in slower resolution times, as landlords may require additional information and education about the problems before they agree to take action.

In a survey conducted by The Property Ombudsman, which involved 719 letting agents, most agents acknowledged the severe consequences of damp and mould. However, a significant number of agents believed that these issues were frequently linked to tenant behaviours. These behaviours include failing to use extractor fans while cooking or bathing, drying clothes indoors, and not maintaining adequate ventilation and heating. Such activities can exacerbate damp and mould problems in rental properties.

Furthermore, many agents indicated that if damp and mould issues arise from construction defects, the property should not be rented out until the underlying construction problems have been resolved. This approach is considered essential to prevent ongoing issues and ensure the property remains in a suitable condition for tenants.

New guidance has been introduced to assist tenants, letting agents, and landlords in managing and preventing issues related to condensation, damp, and mould. This guidance aims to help users recognise the early signs of these problems and provides practical advice on how to prevent and address them. Key recommendations include maintaining proper heating and ventilation within properties. This can be achieved by regularly opening windows and using extractor fans to reduce humidity. Additionally, tenants are advised to manage condensation by promptly wiping it away and using anti-fungal products to address any mould that may appear.

In cases where tenants continue to experience issues despite following these preventive measures, it is important to report these problems to their landlord or letting agent. The new guidance also includes separate sections for landlords and agents, focusing on handling construction and property defects that might contribute to damp and mould issues. If these problems cannot be resolved through the landlord or letting agent, tenants are encouraged to seek help from their local council’s private housing team, which can offer further support and intervention.

Rebecca Marsh, The Property Ombudsman, emphasises the complexity of dealing with condensation, damp, and mould. She states, “Our research reveals that these issues are interconnected and caused by a range of factors, including environmental conditions, structural issues, and tenant behaviour. It is clear that a collaborative approach involving renters, landlords, and agents is essential to effectively prevent and manage these problems.”

“We’ve published new guides designed to improve understanding among businesses, landlords, and tenants about the causes and symptoms of damp and mould. These guides offer practical advice on how to prevent these issues and how to report them effectively. They also detail the risks associated with living in damp and mouldy conditions, emphasizing the importance of proper heating, ventilation, and maintenance.

Our aim is to ensure that everyone involved is well-informed about how to manage and prevent damp and mould. This includes understanding the environmental, structural, and behavioural factors that contribute to these problems. By following the guidelines, tenants can take proactive steps to mitigate issues, and landlords can better address and resolve any problems that arise.

We also welcome the government’s plans to introduce additional protections for tenants in the private rental sector. We’ve seen firsthand the damaging effects that inadequate repair and maintenance can have on tenants’ health and wellbeing. It is crucial that landlords are held accountable for maintaining their properties to prevent such issues.

The forthcoming Awaab’s Law, named after Awaab Ishak, a two-year-old who sadly died due to mould exposure, will provide enhanced protections for social housing tenants. This law will enforce specific timeframes within which landlords must investigate and resolve mould and damp issues. The new government has pledged to extend similar protections to the private rental sector, part of a broader reform effort aimed at clarifying and strengthening tenants’ rights. This move is a significant step toward ensuring that all tenants, regardless of their housing type, have a safe and healthy living environment.”