Damp surveys for Landlords
Damp surveys for Landlords – why are these important?
Do you have problems with tenants complaining about mould and damp? I can provide a comprehensive damp survey for landlords to detail exactly what is happening in the property and why it is happening.
Being a landlord, you don’t want to be hearing about problems with dampness in your property, or experiencing issues with tenants. Damp issues that are ignored can cause significant damage to a property over time and importantly affect the health of your tenants.
A lot of people are confused about who’s responsible for mould and damp in a tenanted property. There are different causes of damp, so finding the right fix is hard without an independent damp surveyor to diagnose the problem. If the diagnosis is rising or penetrating damp, the landlord tends to be responsible for fixing it.
This is because both of these are caused by issues with the property’s structure. If, however, the cause is condensation then the tenant’s lifestyle may be a contributing factor and the tenant may have to make changes and as a damp surveyor, I can help with this.
Damp, Mould And The Homes (Fitness For Human Habitation) Act
As of 20 March 2019, the Fitness for Human Habitation Act is in force for tenancies in England. This legislation amends the Landlord and Tenant Act 1985 so that landlords must ensure their property is fit for human habitation at the start of the tenancy, and then maintain this standard throughout the rest of the time the tenant lives in the property.
What does ‘fit for human habitation’ mean?
Fit for human habitation does not mean that the property has defects. It means a defect in the property that is so serious that a court would consider it unfit for that person to live in. It means the property must be judged based on its current condition and whether it is unsuitable for the person residing there instead of generic tests applied by local authorities through the Housing Health and Safety Rating System. Legislation allows tenants to take court action directly without involving the council first. Judges will decide whether a property is unfit for human habitation if a claim is made through the courts.
Awaab’s Law
To implement ‘Awaab’s Law’, the government is amending the Social Housing (Regulation) Bill to make landlords investigate and fix damp and mould problems within a strict timeframe. It’s named after a two-year-old boy who died after living in a mould-infested flat. Landlords have to make sure their rental properties are safe and habitable for tenants. This means providing necessities like running water, heat, working plumbing etc. and addressing any potential health and safety hazards such as damp and mould. Tenants can sue you if you don’t provide a habitable living space. Therefore, as a landlord, you must ensure rental properties meet the standards set by the implied warranty of habitability to avoid any legal issues.
As an independent damp surveyor with a thorough understanding of the legal requirements for landlords, I can provide you with an independent assessment of your property and provide recommendations to address any damp and mould hazards.
Please contact me today to discuss your requirements on (01757) 428429 or use the below contact form.
