Gove says mould not the fault of tenants.
In the foreword to the new guidance, the Housing Secretary Michael Gove, says: "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.
"Landlords must ensure that the accommodation they provide is free from serious hazards, including damp and mould, and that homes are fit for habitation.
"They must treat cases of damp and mould with the utmost seriousness and act promptly to protect their tenants' health."
Legal responsibilities for social and PRS landlords
The new guidance sets out the legal responsibilities for social and PRS landlords and it makes clear that the government is committed to boosting housing standards – underpinned with legislative initiatives such as the Renters (Reform) Bill and the Social Housing Regulation Act.
Tenants in social housing now have legal protection for hazards like damp and mould to be dealt with quickly - and they can raise complaints directly with the Housing Ombudsman.
Also, there will be a review of the Decent Homes Standard, with a view to applying it to private rented homes for the first time.
Proposed private rented property portal
The guidance also highlights the proposed private rented property portal, which will provide private tenants with access to an ombudsman if a landlord fails to address legitimate complaints.
Among the recommendations outlined for addressing damp and mould in tenant homes, the guidance states that landlords should respond sensitively, assess the issue urgently to determine its severity and potential risks to tenants.
And then they should promptly address the underlying problem.
Importantly, landlords should not delay action while waiting for medical evidence, as medical proof is not a prerequisite for acting.
Furthermore, tenants must be kept informed about the steps to remove mould and addressing any underlying issues, along with the associated timeframes for the work.
'New guidance will infuriate a lot of landlords'
The managing director of Accommodation for Students, Simon Thompson, said: "The new guidance will infuriate a lot of landlords because it appears to absolve the tenant of any responsibility.
"Landlords will know that ventilation is important to prevent mould from building up, but we can't be held accountable if a tenant doesn't open windows when showering or drying clothes, for example."
He added: "There are ventilation systems that can be added at a cost to landlords but what if tenants won't switch these on?
"What happens to a landlord if a tenant ignores advice on what they shouldn't do?"
A property should be hazard-free
Landlords in the PRS need to be aware of amendments to the Landlord and Tenant Act 1985, introduced through the Homes (Fitness for Human Habitation) Act 2018, which states that a property should be hazard-free - including severe mould and damp, that would make the home unsuitable for habitation.
Under the regulations, a habitable home must provide a safe and healthy environment, without damp and mould that may pose health risks.
In cases where a property falls short of being fit for human habitation or the landlord has neglected necessary repairs, tenants can take legal steps.
While there's currently no specific time limit in law for addressing these issues, landlords are encouraged to promptly address repair complaints, to comply with best practices and tenant wellbeing.
The government’s guidance for PRS and social landlords can be read on the .gov.uk website.
