On the 20th March, new laws come into place to protect tenants against the problems of damp. Laws give you the right to complain, to take your landlord to court, and involve councils over terrible conditions in housing. It’s been a long slog for campaigners led by housing charity Shelter with some adaptations to the law in the wake of the Grenfell Disaster.
What is the New Law About Damp Housing?
While most landlords are law abiding and responsible, caring about their tenant’s health and safety, problems with damp are an increasing problem. Around one million homes are considered uninhabitable in the UK, most of them in the private rented sector. The problem has grown since the 1980s when laws came into effect putting the responsibility on local authorities (councils). But new changes mean:
- Tenants can now take property owners to court over a range of conditions, including, but not limited to damp, repair, lighting, ventilation
- Hazards included in the Housing Health and Safety Rating System (more information below)
- Safety and security issues of the property
- A new so-called “Grenfell Clause” which covers problems in communal areas, giving tenants powers to demand action
Issues for Students
While this data covers all rental properties, there are some concerns specific to students or those that affect them far more. Students are much more likely to live in HMOs than the general population. Also, according to a recent poll, around 1/3 of students feel they are being exploited by property owners – both private landlords and through agencies.
Common complaints include damp, inefficient heating making properties cold, problems with pests and aging appliances that have deteriorated to the point of being unfit for purpose. Often, the issue is that students don’t know to whom they should report such problems. If the student is renting from a private landlord, they should be the point of contact. For agencies, there should be a contact phone number to report issues.
Councils Obliged to Act
Little known to most tenants, they have the power to report issues to the local authority. It’s recommended to use the property owner or agent as a first point of contact, however. If you have no success and are concerned about conditions in the property, you may request a HHSRS Assessment. “Health and Safety Standards for Rented Homes” is a set of standards for determining whether a property is fit for human habitation. The council will assess the property and take action against the property owner, insisting that they carry out repairs. If there is a failure to comply, they have the powers to take the property owner to court. However, in some cases, the council will carry out the work and bill the owner.