Housing Disrepair, Damp and Mould: Your Rights in Arun
Tenants and landlords in Arun are covered by the same statutory framework as the rest of England, meaning that legal protections against disrepair and issues like damp and mould apply uniformly across the district. This guide provides important information for tenants facing such problems, explaining their rights under the current laws.
The issue of housing disrepair has gained renewed urgency following the tragic death of Awaab Ishak in 2015 due to toxic levels of mould in his home, leading to the implementation of Awaab's Law through the Renters' Rights Act 2025. This law aims to ensure that private rental properties meet a minimum standard of habitability and provides tenants with better protection against disrepair issues.
What the Law Says
The primary legislation governing repairs in England is the Landlord and Tenant Act 1985, specifically Section 11. This section outlines the landlord's duty to keep the structure and exterior of the property and common parts in good repair while ensuring that installations such as pipes, appliances, sanitary fixtures, and heating systems are maintained properly.
the Homes (Fitness for Human Habitation) Act 2018 provides a legal framework under which tenants can take action if their home isn't fit to live in. The Renters' Rights Act 2025 further reinforces these protections by introducing specific requirements for landlords regarding damp and mould issues.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025, often referred to as Awaab's Law in the context of private rentals, mandates that all rented properties must be fit for human habitation. Under this law, landlords are required to address damp and mould issues within a shorter timeframe compared to previous legislation.
Specifically, if tenants report disrepair such as damp or mould, landlords must take prompt action to resolve these issues in compliance with the Act. The Act also provides clearer guidelines on what constitutes a habitable home and strengthens penalties for non-compliance by landlords.
What This Means for Tenants in Arun
Tenants in Arun are entitled to live in properties that meet certain basic standards of repair and maintenance, as outlined by statute. Under Section 11 of the Landlord and Tenant Act 1985, it's the landlord's responsibility to maintain structural elements like walls, roofs, windows, and doors, along with important services such as heating systems.
Awaab's Law under the Renters' Rights Act 2025 introduces specific timeframes for addressing damp and mould issues. Landlords must respond within a reasonable period, typically no longer than two weeks, to any complaints about these conditions. If landlords fail to act in a timely manner, tenants may pursue legal action through the courts.
Your Next Steps if You Need Help in Arun
If you experience disrepair or damp and mould issues, your first step should be to contact your landlord directly via written communication, keeping copies of all correspondence for your records. If no resolution is reached, consider contacting free advice services like Citizens Advice or Shelter for guidance.
Arun council has a dedicated housing team that can provide assistance if you're facing persistent disrepair problems. You may also report these issues to the Arun environmental health team. Who can issue improvement notices under the relevant statutes. Always ensure you gather evidence such as photos and witness statements before contacting any authorities.
Common Mistakes to Avoid
- Failing to Document Issues: Not keeping a detailed record of disrepair complaints can weaken your case if legal action is required.
- Ignoring Timeframes: Failing to act within the specified time limits set by Awaab's Law may limit your ability to claim compensation or pursue other remedies.
- Overlooking Statutory Obligations: Some landlords might attempt to pass off statutory repairs as tenants' responsibilities, but Section 11 clearly states otherwise.
- Neglecting Free Advice Services: Engaging with free advice providers early on can save you time and money in the long run.
When to Get Professional Advice
If your situation is complex or involves significant legal issues, consulting a regulated solicitor may be necessary. However, for most straightforward cases, seeking help from free services like Citizens Advice or Shelter will suffice. To find local advice providers, check online directories or contact Arun council directly for recommendations.
Always remember to consult with a solicitor or an expert before proceeding with any legal action to ensure you understand your rights fully and can make informed decisions about the best course of action.
