Menu
Add a property
Add a property

Category: Howsy Guides

Abolishing Section 21 – Could it be good news for landlords?

by Asif AliPosted on

The section 21 notice allows landlords to regain possession from assured shorthold tenancies without establishing fault on behalf of the tenant, usually referred to as a ‘no fault eviction’.

This has been criticised for affecting the wellbeing of private tenants, creating a sense of insecurity and lack of clarity. Abolishing this process and implementing more predictable systems is intended to provide more security for tenants and landlords across the country.

As part of the renters reform bill, the abolition of the section 21 ruling is part of a Government white paper which promises to create fairer standards of living for renters across the country.

What is changing?

The Renters Reform Bill sets out plans to abolish section 21 eviction notices. The abolition would supposedly put an end to ‘no fault evictions’, granting tenants more clarity in regards to the length of their tenancies.

After section 21 is abolished, landlords will need to provide a suitable reason for ending tenancies, for example, a breach of contract or selling the property.

Whilst bringing significant change to the buy-to-let market, landlords will be relieved to learn that the changes to section 21 do not affect their ability to take back properties from anti-social tenants or for necessary reasons (such as wanting to sell the property or move back in.)

In fact, this process may become easier when it is for a suitable reason. With the new changes, Court processing is intended to be reformed to be quicker. Evictions currently can take 6 to 12 months.

We can expect that this new system brings both a sense of security for tenants as well as an easier process for landlords who need to reclaim their properties for necessary reasons. However, we would advise that landlords work with a suitable managing agent such as Howsy, who can help them navigate the changes in legislation as well as the eviction process.

Preventing winter property damage

by Asif AliPosted on

As the weather gets colder and winds become stronger, seasonal changes can lead to both minor and major property damages. This change in climate increases the need for repairs, emergency call outs, and can trigger the start of lasting damages such as leaks, cracks and mould.

The good news is that there’s some simple actions that can be taken to protect your properties from building damage.

So what can you do? Here’s our list of high-priority maintenance checks in November:

1. Conduct a roof inspection

It is recommended to check your property roofs at least once a year as a preventative measure against leaks and further damage. You can hire a roofer to conduct the inspection for around £100-£200, or you can take a close look at your roof yourself using a ladder.

A roof inspection should check for missing or damaged tiles, signs of algae, and moss or leaf build up.

Cracked roofs or missing tiles can start leaks, which in the beginning may be unnoticeable, however can quickly lead to household damp, mould, and create larger openings.

2. Emptying gutters and trimming large trees

Falling leaves can escalate the risk of blockages in your gutters and drainpipes. This causes water to flood back into gutters, potentially triggering property leaks. Emptying gutters at the beginning of winter creates more space and reduces the likelihood of blockages and leaks.

3. Protect your pipes

The cost of fixing a burst pipe can rise to around £7,500 during freezing weather. The best way to protect pipes from bursting in freezing weather is to make sure that the pipes are well insulated prior to the cold winter months. As an additional measure, keeping your hot water on for at least one hour a day through the colder months will protect your pipes from the worst of the freezing weather.

4. Boiler checks

There’s nothing more frustrating for tenants than a broken boiler in the middle of winter. Conducting maintenance checks on boilers in the lead up to winter can prevent emergency call outs or costly repairs later on. It is recommended to service your boiler every 12 months, especially if you have boiler insurance as this is likely invalidated without a regular service.

Protecting you home for winter

Approaching winter months can be daunting for landlords with the increased likelihood of property damage. However, working with a fully managed letting and property agent can provide you with reassurance moving into these colder months. Popular Howsy plans come with home emergency and repair cover to provide you with the peace of mind you need managing your properties over this challenging season.

Are renters moving back to the city?

by Asif AliPosted on

The COVID outbreak in 2020 triggered a widespread trend as renters and homeowners across the nation chose to move away from city life in preference of larger homes surrounded by more outside space.

The move was encouraged even more by the (still growing) work from home flexibility being offered by most companies, giving employees the freedom to choose places to live that are further away from their offices.

But is this still the case?

A Rightmove report in May this year stated that they had seen a 50% increase in home movers looking to move back into Britain’s busiest cities.

So it would seem that many movers regret their decision to move further out. The main reasons for relocating  include missing family and friends, being further away from leisure and sporting amenities, feeling disconnected and craving the social life that the city brings. 

“Bills included” is an increasingly popular demand by tenants

by Asif AliPosted on

Bills included’ has become the most popular renter search term on Rightmove with an increase of +36% in search volume, overtaking pets and gardens for the first time.

And it’s not difficult to understand why.

As the cost of living sky-rockets in the UK, the average household bills increased by 54% in April of 2022 and were estimated to increase by another 80% by the end of the year.

As renters struggle with the rising costs, they are seeking ways to gain more security and clarity around their outgoings. 

Landlords must now seriously consider the value of including bills against the risk of current unpredictability in rising costs.

Levelling Up agenda back on track

by Asif AliPosted on

The levelling up agenda proposes plans to improve the standard of living across the UK.

Explained on the gov.uk website as “a moral, social and economic programme for the whole of government. The Levelling Up White Paper sets out how we will spread opportunity more equally across the UK.”

However, there has been uncertainty around when we can expect to see progress on this agenda which has been escalated by the recent focus on parliamentary changes. 

One of the most notable parliamentary changes for the property sector is Michael Gove being reappointed as housing secretary. As Gove returns to the  Department for Levelling Up, Housing and Communities, we can expect the levelling up agenda to once again take centre stage.

A helping hand: Conducting Right to Rent checks

by Asif AliPosted on

This article is an in-depth version of the guide published in Property, The Official Publication of the NRLA (Winter 2021)

Following the end of the transition phase to Brexit, the rules regarding Right to Rent checks have been amended. Those rules have now been running for some months and we thought a review would be helpful for those landlords who decide to carry out the right to rent checks themselves.

A quick overview

Right to Rent checks were first introduced by the Immigration Act 2014. They require landlords or, if they have agreed in writing to do so, their agents to carry out checks to ensure that their prospective tenants are in England lawfully and have a Right to Rent. While this legislation is intended to cover all of the UK the Right to Rent has still not been rolled out beyond England at this stage.

What are the recent amendments to Right to Rent checks? 

Most of the changes relate to the changing relationship created by the UK’s departure from the EU. Previously, verifying lawful status for an EEA or Swiss national was simple and straightforward. EEA or Swiss nationals simply needed to present their passports or national identity cards. However, following the Brexit transition changes were implemented as of 1 July which now imposes further checks on these nationals who now need to provide evidence of their Right to Rent by producing confirmation of their EU settled status or eVisa. 

In summary the following nationals need to provide at the very minimum the following documents: 

  • British and Irish citizens – a current and valid passport or other proof of residency
  • EEA and Swiss nationals – a current and valid passport along with confirmation of EU settled status or pre-settled status or eVisa.
  • Nationals from other countries – a current and valid passport along with a valid visa. 

EEA or Swiss nationals who have obtained EU settled status should have an eVisa which they can produce on request. In the absence of an eVisa you can use the Home Office checking service but you will need to liaise with the tenant to do this. 

Conducting Right to Rent Checks

It is important to mention that the power to conduct Right to Rent checks online without a face-to-face meeting has now been extended to 5 April 2022. This means that documents can be scanned and sent by email and then verified by means of a video call where the tenant can show their original documents on screen for comparison with the scanned versions and the photos with the actual person. 

Prior to March 2020 and the Covid pandemic Right to Rent checks were carried out in person with prospective tenants producing ID documents (usually their passport but in many cases additional documents as well) to prove that they had the Right to Rent. 

Where a prospective tenant has no time limit on his Right to Rent then the checks should be carried out any time prior to the tenancy commencement. However, if there is a time limit, such as where the tenant has a time limited visa for study or another purpose then the checks must be done in the 28 days before the commencement of the tenancy. 

So who has an unlimited and limited Right to Rent? 

At the moment the following have an unlimited Right to Rent:

  • British citizens 
  • Irish citizens 
  • People with EU settled status 
  • People who have the right of abode, or who have been granted indefinite leave to remain, or have no time limit on their stay in the UK.

For those with an unlimited Right to Rent further checks are not required. This means once the unlimited Right to Rent has been established no further checks are required through the tenant’s occupation of that property. 

Those with a time limited Right to Rent:

  • people with valid leave to enter or remain in the UK for a time limited period, which includes EEA citizens with pre-settled status or EEA and non-EEA citizens granted time-limited leave under the points-based immigration system. 
  • people with an outstanding application with the Home Office. 

Those with a time limited Right to Rent must be checked again if their Right to Rent will end during the tenancy period. The follow up check should be carried out shortly before the Right to Rent expires and in the event that the tenant no longer has a Right to Rent a report will need to be made to the Home Office to avoid any sanctions. 

Additional considerations for EEA citizens

The rules for EEA citizens, Australia, Canada, Japan, New Zealand, Singapore, South Korea or the USA who are visitors to the UK are a little more complex. If they have biometric passports then they are usually permitted to remain for up to 6 months and do not necessarily need to enter with a visa. So for these individuals with biometric passports, they can prove a time-limited Right to Rent with:

  1. an original or copy of a boarding pass or electronic boarding pass for air, rail or sea travel to the UK, establishing the date of arrival in the UK in the preceding six months 
  2. an original or copy airline, rail or boat ticket or e-ticket establishing the date of arrival in the UK in the preceding six months 
  3. any type of booking confirmation (original or copy) for air, rail or sea travel to the UK establishing the date of arrival in the UK in the preceding six months 
  4. any other documentary evidence which establishes the date of arrival in the UK in the preceding six months.

However, for these citizens the Right to Rent is not strictly for 6 months because of the complex way that the Home Office operates Right to Rent. From the date that you carry out the Right to Rent check, further checks are not required during what the Home Office refers to as the ‘eligibility period’. This eligibility period is 12 months which means, despite what the documents may state, from the date that you carry out the check you do not need to do so until 12 months later. Of course it is possible for these citizens who are planning on staying longer to obtain and produce a visa in their passport on entry in the UK and to collect their biometric residence permit post-arrival. They could also have been issued an eVisa in advance of their travel. 

Your responsibility as a landlord

Whatever the prospective tenants situation and whatever their paperwork, it is important that the rules are followed correctly to avoid any accusation of discrimination.

It is important that you keep a copy of the documents you obtain and notes on the method you use to verify it. The Right to Rent checks are a legal requirement and for those that fail to carry them out or carry them out correctly could face a civil penalty of up to £3,000 per person and/or a criminal conviction which may carry a prison sentence. 

If a tenant fails a Right to Rent check a landlord is only required to take action and report this to the Home Office if the tenant is already in occupation of the property. In which case the tenant will then need to be evicted. Therefore checks before the commencement of the tenancy are always recommended as tenants can be rejected before entering into an agreement if they do not pass and nothing more needs to be done. 

This is a concise guide of the Right to Rent checks and should not be relied on solely to comply with the law. At Howsy, we frequently conduct Right to Rent checks on behalf of our Landlords across England. If you would like help with managing your rental properties, give us a call on 0330 999 1234 or live chat with us.

Gurdeep Clair is Head of Legal & Compliance at Howsy

Switching your letting agent: What you need to know

by Asif AliPosted on

Am I legally able to change letting agent?

Yes, as a landlord, you have a right to decide who is the best letting agent to manage your property needs.

If you aren’t happy with the service you are receiving, you have found someone who offers a package that you prefer, or costs have crept up, you are perfectly within your rights to jump ship and move to an agent who better fits the bill.

However, it is important to remember that an agreement between a landlord and a letting agent is a legal document, so it is important to follow the correct steps if you choose to make the change.

Are there any legal issues to consider when I switch letting agent?

When you enter into a relationship with a letting agent, you will sign a contract outlining the details of the relationship. Whilst these contracts are designed to continue on a rolling basis, there are opportunities to remove yourself from the contract if you choose to.

This clause, usually called the termination clause, should give you details of how you have to notify your agent of your intention to terminate the contract, and the notice you have to give. The clause is similar in principle to a break clause in a tenancy agreement, in so much as it gives either party the opportunity to break the contract early without repercussions, as long as certain rules are followed.

Termination clauses vary agent-to-agent, so check your contract for yours. If you are still unsure, we are happy to have a look for you – pop it over to our team at hello@howsy.com, and we’ll check though it and let you know exactly where you stand.

How do I do it?

  • Check your contracts: Check your contract for your termination clause and see how you can exit the contract without repercussions.
  • Give official notice: Send your agent official notice that you would like to terminate your contract. The best way to do this is in writing, so that they have evidence that you have done so.
  • Build a paper trail: In the same way that a paper trail is important when it comes to managing tenant disputes, it is vital to document every stage of this process carefully. Once you have notified your letting agent of your decision to remove yourself from the agreement in writing, continue to document every move every step of the way to give a clear timeline of your actions throughout the procedure.
  • Refresh your paperwork: Ensure you have all of the relevant paperwork for the property that the outgoing agent holds, that you may need copies of. This includes copies of your EPC, gas safety certification, inventory, tenancy agreement, deposit protection details etc.
  • Notify your tenant: You should let your tenants know exactly what is going on. Your agent has an obligation to do so, and it is important that you engage with them too.
  • Engage with a new agent: If you are looking to engage with a new agent, make sure you do so in plenty of time. This will give your new agent a chance to liaise with your previous agent and make sure that any important information is passed across and no details are forgotten.
  • Collect your keys: At the end of the notice period, don’t forget to collect any keys that the agent may be holding for your property. If you have alarms or key boxes at the property, it is good practice to reset the codes.
  • Obtain final sign off documents: When your notice period is complete, make sure you receive a document from your outgoing agent to confirm that the contract has been terminated and that the contract has ended. This should confirm that all fees are paid, and that you no longer have any relationship with the agency.

Will it cost me anything to change letting agent?

If you give adequate notice to your agent and abide by the terms of your contract, you should be able to leave the agreement on an even financial keel.

If you have experienced bad practice from an agent, and they have failed to deliver on the terms of the contract that you signed, you may be able to exit the contract early and get any early-exit fees waived. If you believe that your agent has failed to fulfil the terms of their agreement, you can contact Citizens Advice to discuss the case. It is up to you as a landlord to prove that the agent has failed to provide an adequate service, so it is important to have good evidence and clear information ready if you are looking to go down this route. The team at Howsy are happy to advise on exactly what service a good agency should be providing, so give us a call on 0330 999 1234 if you’re unsure whether or not this could be an option for you.

If your property is under management, you may find that your agent has a clause in their contract that states that you are required to pay management charges as long as the tenant (that was found by the original agent) continues to occupy the property. Generally, a very dim view is taken on any clauses that tie an individual into a contract and do not give them any ability to leave. If your contract contains a clause like this, our team can help advise you. Give us a call today on 0330 808 1079

Do I have to give notice to terminate the agreement with my letting agent?

Yes. A termination clause will generally have a notice period of one to two months; however, this may vary depending on your agent. It is important to check your contract carefully and make sure that you are clear on this timeframe.

Could switching letting agents mid-contract impact my tenants?

If you choose to switch agents, there is no need for this decision to have any impact on any existing tenants. Keeping a good relationship with your tenants is key – you can read more about it here.

It is important to remember that there are two contracts to consider here – your contract between you and your letting agent (the one being contested), and the tenancy agreement between you and your tenant. Whilst this important legal document may have been prepared for you by your agent, it is between you and your tenant – and shouldn’t be in contest at this stage.

In order to make sure that the change-over doesn’t have any wider effects, there are some points that you should be sure to consider:

  • Make sure you have all of your tenant’s contact details. You should have this anyway, but make sure that the details you have are up to date, and that your tenant’s contact details haven’t changed from those that you already hold.
  • Ensure you have all of the relevant paperwork for the property that the existing agent holds, that your tenant may need copies of (you will need all of this paperwork anyway!)
  • Make sure your tenant has contact details of the new agent, and a way to contact them should they need to. It would be wise to send a clear email with details about what is going on, with all the relevant details so that is in one place.
  • If the agent has managed the deposit for you, make sure that this has been transferred and protected again, either under your name or that of your new agent. Don’t forget that once you have re-protected the deposit, you will have to issue Prescribed Information again to everyone who has contributed to the deposit (including guarantors).
  • Ask your new agent to draw up a new tenancy agreement, providing the details of the new letting agent as soon as possible. This isn’t the time to be making big changes to the agreement, just amend the contact details.

Can my new letting agent handle this process?

Yes, much of this can be handled by your new agent. Here at Howsy, we help our new landlords with this process as much as possible. Of course, you have to make the first step in letting your existing agent know that you are looking to leave, but once that is done, we can take over in managing the rest of the process.

We understand it can be daunting to consider jumping ship, but it needn’t be. Your property is a huge asset, and you need to be confident that the very best people are looking after it.

If you’re considering switching letting agents, simply complete this form to see how we can help and start the process. Switch today and save money tomorrow.

Smoking and Vaping: Should it be allowed in a rental property?

by Asif AliPosted on

Stoptober, Public Health England’s 28-day campaign to encourage people to to give up smoking for the duration of October is well underway.

This nationwide campaign has seen over one million people attempt to stub out the habit, taking action on smoking and health, and is the biggest mass attempt to quit in the country.  

All this is great news for landlords. A whopping 53.6% of smokers in the UK rent within private or housing association properties, however only 7% of private landlords are open to letting their tenants light up – so there’s a serious issue burning away in the sector.

Can you stop a tenant smoking in a property?

Including a clause in a tenancy agreement stating that no smoking is allowed in the property would make it very clear that this behaviour is not acceptable under the terms of the lease, and that the tenant is acting outside of the terms that have been agreed to. It would be possible at this stage to terminate the lease based on breach of contract via a Section 8 notice.

However, landlords are under an implied obligation to allow their tenant quiet enjoyment of the property, meaning a landlord must not interfere (or allow anyone else to interfere) with the tenant’s enjoyment of the property. It could be considered that if a tenant is a smoker, not being able to smoke in peace in their property could be a breach of their quiet enjoyment of the property. At this stage, it would be down to the discretion of the judge to decide who was the party in the right.  

With this in mind, it is worth considering that if by the stage that these new developments have come to light, the damage may already have been done. If a tenant has already been smoking in the property, the smell – often the worst element – will already be present. Rather than going through the process of eviction which can be costly and drawn out, you could consider choosing not to renew the contract at the end of the term, and instead spend the money on a spruce up of the property when the tenant has left.

How is vaping different to smoking?

Over 2.3 million adults in the UK already ‘vape’, and with many people moving away from cigarette smoking and onto vaping kits, it’s likely that the question of whether or not to allow electronic cigarettes or vaping is one that could be faced by many landlords.

The potential damage caused by cigarette burns and the lingering cigarette smoke smell are often key reasons cited for landlords not wanting to allow smoking in their property. Damage from nicotine build up on walls and ceilings from smoke and ash are others. Vaping theoretically removes these issues, but should it carry the same rules?

A cigarette, cigar or pipe requires a flame to burn to be smoked, an e-cigarette or vape is powered by a rechargeable battery, and uses liquid nicotine to produce a mist, or ‘vapor’ which is then inhaled. Although vaping produces a cloud of vapor once dispersed this leaves no trace, unlike smoking.

Choosing whether to allow your tenants to vape is a personal choice, however, unlike smoking it is likely to be very tricky to detect if they are doing so in your property unless they come clean about it. If your tenant is open about their vaping habit, you could choose to include a banning clause in the tenancy agreement– although this is likely to be near impossible to enforce. Alternatively, you could allow vaping, but refer to the ‘no smoking’ clause in the tenancy agreement, and reiterate that vaping and the use of electronic cigarettes are acceptable, but a smoking ban is still in place.

What if you have more than one tenant?

If your property has any Common Parts (the shared areas of a property shared by multiple indiviual tenants – kitchens, bathrooms, toilets, staircases, entrances etc) you must be significantly stricter about enforcing a smoking ban in your property. This is because your property is directly affected by the National Smoke Free Legislation, the same law that impacts our workplaces, cafes, bars and pubs, and your tenants are protected from the health risk of second hand smoke. There are no vaping guidelines within this remit.

Not only is smoking not allowed in these areas, but signs and documentation must be displayed to comply with the regulations. Downloadable copies of the official template signs are available here. Your local authority will have an appointed smoke free officer who can assist with any queries on how to modify your property to comply with the smoke free legislation.

Howsy’s Top Tips for dealing with this burning issue:

  • When advertising for a prospective tenant, specify non-smoking only
  • Include a clause in your tenancy agreement that smoking/vaping in the property is not permitted
  • Reiterate your feelings when you meet with your tenant, and explain your reasons
  • Ensure that all of your insurance policies accurately reflect your tenant’s habits – update if necessary
  • If you have shared areas, make sure ‘No Smoking’ signs are clearly displayed

Mould Management – Tenant rights and landlord responsibilities

by Asif AliPosted on

There is no doubt that winter is firmly setting in. As the seasons change, a new challenge picks up pace for the nation’s renters and landlords – managing damp, condensation and mould issues.

Mould growth in a rented property can be more than just an unsightly annoyance. This pesky issue can cause health problems for tenants, the property to fall into disrepair and if left unchecked can even land the landlord in legal hot water.

But what causes mould, damp and condensation problems? What are tenants rights in this situation, should the fixing the issue be a landlord responsibility, or does the clean up land at the feet of the resident?

The common causes of mould in a property

A mould problem in the home is most often caused by a build-up of condensation. This occurs when moisture held in warm air (such as from showering or boiling kettle) meets cold surfaces, such as a glass window or a tiled wall. The warm air then condenses into excess moisture, which has nowhere to go.  Modern homes have actually made this situation worse. Better standards of insulation, such as double glazing and draught proofing work brilliantly at keeping heat in, but also trap moisture in exactly the same way.

If this happens regularly, the pooling excess moisture lingers in the same area, settling in regular places, such as on window frames and in the corners of baths, which can eventually becomes a mould infestation.

Whilst tasks such as showering and boiling kettles are an obvious source of condensation problems, another key day-to-day household task that is high on the list for creating excess moisture in the air is drying clothes. Every average sized load of wet washing holds a staggering one litre (nearly two pints) of water. That’s a lot of liquid to disappear into thin air every time a tenant needs to dry clothes!

Overcrowding can be a real issue too. Depending on how humid the air around us, the average person loses around 300 to 500 millilitres of fluid a day through just breathing. It’s no surprise that a lot of people in one small space, or even one person in a space that is too small can result in mould if left unchecked and unventilated!

Of course, the cause of damp doesn’t have to come from inside the property. Damaged guttering, broken roof tiles/flashing, damaged mortar in external walls or a leaky pipe hidden deep within a wall can all be sneaky culprits of a dodgy damp area inside the property. This is known as penetrating damp. Coupled with poor ventilation inside, all it takes is a few days of wet weather or a slow leak on a pipe fitting and you could be facing a damp spot that will struggle to dry out.

Finally, everyone’s favourite – rising damp. Occurring on the ground floor or basement, this sort of damp happens when moisture is soaked up though a broken or absent damp proof course, into the bricks or concrete foundations of the property. This situation is now slightly rarer, thanks to effective damp proof courses being present in most properties.

What are the dangers?

As well as being unsightly, some mould issues can actually have real impacts on tenant’s health.

Black mould releases tiny spores which travel through the home, triggering allergies, asthma, and fungal infections.  The Housing Health and Safety Rating System (HHSRS) classes mould as a category one hazard, and requires a landlord to remove or reduce any damp or mould factors that could have any impact on a tenant’s physical or social wellbeing. This applies to homes owned by a private landlord or local authority. You can read all of the HHSRS hazards here.

As well as being risky to your tenant’s wellbeing, a damp problem will undoubtably have a lasting impact on the health of your property. Should internal walls be subject to ongoing moisture, it is likely that significant repair work will be required to get plasterwork back up to a good standard, and woodwork is likely to suffer too.

In the very worst cases, damp can invade the very foundations of a building, and if this happens, you could be facing a really hefty bill – but it’s very possible to solve, so don’t panic! Additionally, it is outlined in Section 11 of the Landlord and Tenant Act 1985 that a landlord has a responsibility to ensure that the structure and exterior of the dwelling-house is kept in working order so if damp is causing a problem in your property, you need to fix the issue quickly to ensure not only that your asset is safe and secure, but that you are not breaching any landlord legislation (you can check out some more of your legal requirements here).

How to fix the issue

Working out where the problem is coming from is the first hurdle. Once you have figured out what is causing the problem, you can set about tackling the issue.

There are some simple fixes that will make a really big difference inside your property.

  • Install light-activated extractor fans in the bathroom and kitchen – these are the key areas that cause problems internally
  • Install a tumble dryer – and incentivise your tenants to use it if they are nervous about the cost
  • Explore vented windows – if windows are left unopened, bedrooms can be hotspots for condensation. Many windows now offer vented options allowing airflow whilst maintaining warmth and security
  • Consider installing air bricks if they are not in place already, and check that they have not been blocked up!
  • Request that large items of furniture (wardrobes etc) are not pushed flat to the wall. This encourages air flow around them, and prevents build up behind them

If you have a significant problem, you may need to look at ventilating the property, using dehumidifiers to draw water out of the fabric of the building. A dehumidifier can be hired from a local DIY store, but they must be left on continually and are not always very quiet – so the tenant may want to vacate the property whilst this is ongoing!

If damp has crept in from the outside, your focus should be on managing repair work to address the immediate cause. Ensuring maintenance of your roof, guttering, damp proof course and brick work is up to date is vital.

Landlords not managing mould

Manging damp appropriately can be tricky, as often tenants are nervous about reporting it to landlords.

There is a concern amongst some tenants that the blame for any damp within the property will be placed firmly at their feet, and that the first time they report an issue they will pay the price with an eviction notice.

However, whilst it is vital that landlords carry out any repairs that are needed within a reasonable timeframe, they can only do so if they know about them. Details of how a tenant can report any concerns must be included in the tenancy agreement, with UK contact details for the landlord, or their representative clearly stated.

Once a problem has been reported, it is landlord’s responsibility to respond in writing within 14 days to the tenant, noting details of what they intend to do about the issue, and giving a clear timeframe for works.  

If the landlord fails to do this, the tenant can raise the issue with their local council, where the environmental health team will investigate. If a landlord then tries to evict the tenant within six months of the problem being reported but not addressed, they will be unable to enforce the section 21 notice.

In worst case scenarios, failing to manage mould could even land you in court. A new law, the Fitness for Human Habitation Act came in force in 2018, designed to make sure that all rented properties are free from anything that could cause serious harm.

If a property is not fit for human habitation, tenants have the ability to seek legal advice and ultimately take their landlord to court, where they can be forced to carry out repairs, or put right health and safety issues. The landlord can also be made to pay the tenant compensation.