Housing Disrepair, Damp and Mould: Your Rights in Ards and North Down
Tenants and landlords in Ards and North Down are covered by the same statutory framework as the rest of Northern Ireland. This guide aims to provide clarity on your rights regarding disrepair issues such as damp and mould. In 2026, these topics have gained significant importance following recent legal changes that aim to improve living conditions for private renters.
The introduction of Awaab's Law (Renters' Rights Act 2025) has brought about stricter requirements on landlords to maintain their properties in a habitable condition. This law aims to prevent the tragic circumstances that led to cases like those involving Awaab, highlighting the need for strong enforcement and tenant awareness.
What the Law Says
The legal framework governing housing disrepair is primarily set out by the Landlord and Tenant Act 1985 (Section 11), which mandates that landlords must keep their rental properties in good repair. This includes provisions to ensure that important systems such as heating, hot water, and electrical installations are maintained safely. Additionally, the Homes (Fitness for Human Habitation) Act 2018 introduces a duty on landlords to make sure rented homes meet basic standards of habitability and safety.
Awaab's Law, formally known as Section 54 of the Renters' Rights Act 2025, further strengthens these provisions specifically for private renters. It specifies that properties must be fit for human habitation at all times, covering issues like structural integrity, sanitation, space, cleanliness, and more.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025 significantly enhances protections for tenants regarding disrepair. Under Awaab's Law, landlords are now legally obligated to address damp and mould issues within strict timeframes. If a tenant reports such problems in writing (as detailed below), the landlord must take immediate steps to rectify them.
The RRA 2025 also introduces clearer guidelines on what constitutes 'fitness for human habitation', ensuring that properties meet higher standards of safety and comfort. This includes provisions related to adequate heating, ventilation, insulation, and pest control measures. Landlords who fail to comply with these new regulations may face legal repercussions.
What This Means for Tenants in Ards and North Down
Under the statutory framework, tenants are entitled to a property that's structurally sound, free from damp and mould, adequately heated, and well-maintained overall. Repairs that fall under Section 11 of the Landlord and Tenant Act include structural issues, plumbing, heating systems, and electrical faults. These responsibilities can't be transferred to the tenant through any agreement.
Awaab's Law specifically addresses timeframes for damp and mould: landlords are required to respond promptly upon receiving a written complaint from tenants. For example, if a tenant reports an issue related to damp or mould, the landlord must take remedial action within 14 days of being notified.
Your Next Steps if You Need Help in Ards and North Down
If you encounter disrepair issues, the first step is to report them in writing to your landlord. Document everything thoroughly, including dates, times, and descriptions of the problems. Keep a copy of all correspondence and any evidence like photos or videos.
Should your landlord fail to address these issues, you may contact the Ards and North Down environmental health team for further assistance. They can serve improvement notices on landlords who aren't complying with statutory requirements.
free advice services such as Citizens Advice and Shelter provide invaluable guidance without cost. The local council housing team in Ards and North Down is another resource where tenants can seek help.
Common Mistakes to Avoid
- Not Reporting Issues Promptly: Delaying the reporting of disrepair issues may weaken your legal standing. Always document and report problems as soon as they arise.
- Lack of Evidence Gathering: Without proper documentation, it's challenging to prove that a problem exists or persists over time. Gather evidence like photos and witness statements.
- Misunderstanding Tenancy Agreements: Some tenants believe clauses in their agreements can override statutory obligations, but this isn't the case. Always check with legal professionals if you're unsure about your rights.
- Ignoring Minor Issues: Small problems can escalate into major disrepair issues if left unchecked. Addressing them early can prevent future complications and keep your tenancy smooth.
When to Get Professional Advice
If initial attempts to resolve disrepair issues prove ineffective, it may be necessary to seek professional legal advice from a regulated solicitor. A solicitor can provide tailored guidance on how to proceed with formal complaints or litigation against non-compliant landlords.
Free services like Citizens Advice and Shelter typically offer sufficient support for most tenants facing minor disputes. However, complex cases involving significant disrepair or safety concerns may warrant the involvement of a legal expert.
To find a regulated solicitor, you can use directories such as the Law Society's website or contact local law firms directly. Always check with a solicitor to confirm your specific entitlements and obligations under Awaab's Law.
