boydens.co.uk Life hacks 64 Home and dry Rising damp, penetrating damp and condensation – who is liable for what? Boydens Head of Sales & Lettings Paul Buck discusses how to break the mould. There are three different types of damp that affect many households; these are rising damp, penetrating damp and condensation but, in a rented property, who is responsible for what? Rising damp occurs when water below a building rises up through the bricks and mortar and may be caused by a damaged or failing damp course. If the reason for the damp isn’t properly identified and rectified, this can lead to the growth of mould. Mould is a fungus that can have a detrimental effect on people’s health as well as possibly reducing the value of a property. Penetrating damp can be caused by structural issues, such as leaking guttering, allowing water to seep through and into a property. However, the most common cause of damp and mould is condensation. This occurs when the internal temperature hits a level known as the ‘dew point’, where excess moisture in the air causes water droplets, resulting in condensation and surface mould. It is not always clear in the case of a rented property as to who is liable, as the root cause of the damp must be identified first. A damp specialist will usually survey the property and report on both the cause and remedy required. Legally, if the diagnosis suggests the cause is rising or penetrating damp, it is the liability of the landlord as these are both considered structural defects covered under the landlord’s mandatory repairing requirements, as stipulated in Section 11 of the Landlord and Tenant Act 1985. It is common for tenants to be confused when damp is caused by condensation, which is often a result of the tenants’ lifestyle. For example, every time we cook, dry clothes inside or have a shower, we create lots of moisture. In the event that the tenant is not ventilating adequately, this moisture then becomes trapped and condensation forms which can quickly lead to damp and the growth of mould. Condensation can be greatly reduced by changes made to the tenants’ lifestyle. The Homes (Fitness for Human Habitation) Act 2018 reinforces the need for properties to be ‘fit for human habitation’ at the start of and during the tenancy. It is important to make sure you deal with any damp quickly and effectively, once you have accurately identified the cause. The tenant has a responsibility to highlight issues as soon as they notice them so that the landlord can take the required action. Sometimes, it is incredibly simple to get rid of mould and damp. For example, if it’s penetrating damp, it could be as simple as fixing the guttering and then making good any damage to walls or ceilings. If the problem is condensation, it is more often than not a ventilation issue and could be resolved by simply opening windows. As a landlord, it’s both your legal responsibility and a duty of care to your tenants to make sure your property is free from damp and mould. The best remedy as a responsible landlord is always to take action as soon as possible.
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