Landlord and Tenant Dispute Damp Survey
Background
Legally, rising damp or penetrative damp caused by structural leakage is the landlord's responsibility to put right. Under section 11 of the Landlord and Tenant Act 1985, it is the landlord's responsibility to resolve mould issues caused by structural faults.
From 19 March, 2020, the tenant will be able to sue a landlord if they don't fix damp and mould in your home. Both private and social renters are covered - provided they don't have tenancies longer than seven years - and includes the common areas of buildings as well as the rooms.
There is a lot of confusion about who's responsible for mould and damp in a property. Most of the misunderstandings occur because tenants and landlords don't appreciate there are different causes of damp and, without a professional to diagnose the problem, it's hard to provide the right fix. From a legal perspective, if the diagnosis suggests the cause is rising or penetrating damp, this means it's the landlord's responsibility to solve the problem. 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.
Damp Survey
An independent surveyor should be contacted and instructed to do a Damp Survey to determine the cause(s) of the damp issue. The surveyor will produce a report showing the cause(s) of the damp issue, the actions needed and who is responsible.
The report can be used by the Council Environmental Health Department in deciding the next course of action.