Housing Disrepair, Damp and Mould: Your Rights in Adur
Tenants and landlords in Adur are covered by the same statutory framework as the rest of England. This guide outlines your rights regarding disrepair, damp, and mould within private rental properties, focusing on how recent changes to legislation can support you if your home isn't fit for habitation. The ongoing issue of poor living conditions remains a critical concern in Adur and across the country, highlighting the need for strong legal protections.
In 2018, the Homes (Fitness for Human Habitation) Act was introduced, setting out statutory requirements for landlords to maintain properties that are safe and habitable. With the recent implementation of Awaab's Law under the Renters' Rights Act 2025, these protections have been strengthened further, making it clearer what constitutes a breach of a landlord's responsibilities.
What the Law Says
The Landlord and Tenant Act 1985 (Section 11) requires landlords to keep their properties in good repair and ensure that all amenities are fit for purpose. This includes structural repairs, roof maintenance, plumbing, heating, and other important services. The Homes (Fitness for Human Habitation) Act 2018 builds on this by mandating that rented homes must meet a basic standard of fitness, covering issues like sanitation, ventilation, lighting, and protection from damp and vermin.
Awaab's Law under the Renters' Rights Act 2025 specifically addresses disrepair in private rentals. Section 36(1) outlines that landlords have a duty to ensure their properties are fit for human habitation at all times and must address any defects that affect this fitness within a reasonable timeframe.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025, particularly Awaab's Law, introduces stricter guidelines on landlords' responsibilities. It mandates that landlords must act promptly to fix disrepair issues impacting habitability and health, such as damp and mould. Under this law, tenants have a clearer legal basis for claiming necessary repairs and can seek compensation if the landlord fails to address urgent matters within specified deadlines.
Awaab's Law includes provisions allowing local authorities to intervene more effectively when landlords neglect their duties. This means that councils like Adur's environmental health team may serve improvement notices on non-compliant landlords, compelling them to rectify disrepair issues swiftly.
What This Means for Tenants in Adur
Under the statutory framework, tenants are entitled to a home free from defects that impair habitability and safety. Landlords must address repairs promptly when notified by tenants. For damp and mould specifically, Awaab's Law under the Renters' Rights Act 2025 sets stringent deadlines for landlords to act. If a tenant reports issues related to these conditions, the landlord is typically required to take remedial action within three weeks.
Tenants should document all disrepair issues carefully from the outset. Keeping written records of complaints and repair requests provides important evidence if disputes arise later on. It's also important to communicate clearly with your landlord about any repairs needed, using formal letters or emails where possible.
Your Next Steps If You Need Help in Adur
If you're facing disrepair issues, start by contacting your landlord directly via email or letter detailing the problem and requesting action. Should this not resolve matters, consider reaching out to free advice services such as Citizens Advice or Shelter for guidance tailored specifically to your situation. The council's housing team can also be approached; they may provide additional support or escalate concerns if necessary.
Adur Council has a dedicated environmental health team responsible for enforcing the legal standards that ensure homes are fit for human habitation. They can assist by issuing improvement notices to landlords who fail to address disrepair issues, compelling them to take corrective action promptly.
Common Mistakes to Avoid
Tenants often make the mistake of not documenting disrepair clearly and thoroughly from the start. Keeping detailed records of your communication with the landlord regarding repairs is important for any future disputes or legal claims. Another common oversight is underestimating the importance of a clear written record-whether by email, letter, or online log.
Landlords might overlook their responsibilities by failing to act promptly on reported issues, especially if they're unaware of recent changes in legislation like Awaab's Law. They should ensure regular maintenance checks and address any defects impacting habitability swiftly upon tenant notification.
When to Get Professional Advice
If your landlord ignores repeated requests for repairs or fails to take timely action despite clear statutory obligations under the Renters' Rights Act 2025, you may be entitled to seek legal advice. A regulated solicitor can provide tailored guidance on dealing with disputes and pursuing claims effectively. However, for most cases, free services like those offered by Citizens Advice and Shelter in Adur often suffice.
To find a suitable solicitor or legal aid provider, check the Law Society's directory or contact your local CAB directly. Always ensure you're working with a reputable professional who can offer specific advice based on your unique situation.
