Housing Disrepair, Damp and Mould: Your Rights in Brighton and Hove
Tenants and landlords in Brighton and Hove are covered by the same statutory framework as the rest of England. This means that tenants have specific rights when it comes to housing disrepair, damp, and mould. The Homes (Fitness for Human Habitation) Act 2018 and the Renters' Rights Act 2025 (Awaab's Law) have recently strengthened these protections, ensuring a safer living environment for residents.
The issue of damp and mould in homes has gained significant attention due to its health impacts. According to recent studies by Public Health England, over half of all reported cases of respiratory illnesses among tenants are linked to poor housing conditions. With the introduction of Awaab's Law, there's now a legal framework that helps residents to take action against landlords who fail to address these issues promptly.
What the Law Says
The Landlord and Tenant Act 1985 (Section 11) mandates that landlords are responsible for ensuring that their properties are fit for human habitation. This includes repairing structural elements, dealing with dampness and infestations, and maintaining heating systems to keep the home at an acceptable temperature.
The Homes (Fitness for Human Habitation) Act 2018 further reinforces these duties by setting out specific standards for housing conditions. The act requires landlords to ensure that their properties meet minimum health and safety requirements in all parts of the dwelling.
Awaab's Law, introduced as part of the Renters' Rights Act 2025, specifically addresses disrepair issues such as damp and mould. Brighton and Hove provides clearer guidelines on the responsibilities of both tenants and landlords regarding repairs and maintenance.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025 introduces a mandatory timeframe for addressing disrepair issues, including damp and mould. Under Awaab's Law, landlords must address such issues within 48 hours of receiving notification from tenants. The act also establishes that repeat offenders may face financial penalties or even criminal charges if they fail to comply.
Awaab's Law significantly shifts the balance of power towards tenants by providing them with legal recourse when their landlord neglects repairs. Tenants now have a clearer path to resolving disrepair issues without the need for lengthy negotiations or delays.
What This Means for Tenants in Brighton and Hove
Tenants in Brighton and Hove are entitled to live in properties that meet basic health and safety standards. Under statute, landlords must address structural repairs, heating systems, dampness, and infestations promptly. Awaab's Law mandates a maximum 48-hour response time for addressing issues like damp and mould.
If you notice significant disrepair or an accumulation of damp and mould in your home. It's important to notify the landlord immediately. Keep detailed records of all communications regarding the issue, including dates, times, and descriptions of the problems. Documenting any health impacts such as respiratory illnesses can also strengthen your case.
Your Next Steps if You Need Help in Brighton and Hove
If you encounter disrepair issues, start by notifying your landlord in writing, providing detailed information about the problem. Gather evidence like photos or videos to support your claim. It's also advisable to report the issue to the Brighton and Hove environmental health team, who can serve improvement notices if necessary.
For further assistance, contact Citizens Advice or Shelter for free legal advice. The Brighton and Hove council housing team may also offer guidance on how to proceed with a disrepair claim. They can provide information on local resources and support services available to tenants facing similar issues.
Common Mistakes to Avoid
One common mistake is failing to keep thorough records of disrepair notifications and responses from the landlord. Another isn't acting promptly upon noticing damp or mould, which can exacerbate health risks over time. Tenants may also underestimate their rights under Awaab's Law, leading them to accept subpar conditions instead of taking action.
Landlords might overlook the importance of addressing issues quickly within the mandated timeframe, risking legal repercussions and penalties. Understanding and adhering to these regulations is important for both parties.
When to Get Professional Advice
If you're unsure about your rights or need help pursuing a disrepair claim, it may be beneficial to consult with a regulated solicitor who specialises in housing law. They can provide tailored advice based on the specifics of your situation. For most issues, free legal services like those provided by Citizens Advice or Shelter should suffice; however, complex cases might warrant professional representation.
Always check directly with Brighton and Hove council for any updates or local policies that could impact your case.
