Housing Disrepair, Damp and Mould: Your Rights in Epsom and Ewell
Tenants and landlords in Epsom and Ewell are covered by the same statutory framework as other areas in England. This guide explains your rights regarding disrepair issues such as damp and mould under the Landlord and Tenant Act 1985 (Section 11) and the Renters' Rights Act 2025, also known as Awaab's Law.
The issue of housing disrepair is particularly relevant in Epsom and Ewell due to recent weather patterns exacerbating damp issues. According to reports from the local authority. There has been a noticeable uptick in complaints about poor living conditions, prompting renewed interest in tenant rights. The passage of Awaab's Law has further clarified responsibilities and provided tenants with stronger protections against disrepair.
What the Law Says
The Landlord and Tenant Act 1985 (Section 11) establishes that landlords are responsible for ensuring their properties meet certain standards, including being structurally sound and free from damp. The Homes (Fitness for Human Habitation) Act 2018 goes a step further by setting out that homes must be fit to live in across various aspects, such as structure, space, drainage, and amenities.
The Renters' Rights Act 2025 introduced Awaab's Law specifically addressing disrepair and mould issues. This statute mandates landlords to make necessary repairs within specified timeframes to ensure the property is habitable and free from dampness and mould that could harm health.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025 has significantly altered how disrepair issues are addressed in private rentals. Awaab's Law requires landlords to respond promptly to reports of structural damage, dampness, and mould that could pose health risks.
Under the RRA 2025, tenants may issue a notice requiring repairs within 14 days if the landlord fails to act on their own initiative or following an informal request. This provision ensures that disrepair issues don't go unaddressed for extended periods, protecting tenant wellbeing and property integrity.
What this Means for Tenants in Epsom and Ewell
Landlords are legally obligated to maintain properties free from damp and mould under the Renters' Rights Act 2025. For example, if a tenant notices persistent dampness or black mould developing on walls or ceilings, they should inform their landlord immediately.
According to Awaab's Law, landlords must address such issues within 14 days of being notified. If repairs aren't carried out promptly, tenants may issue a formal notice requiring action and seek legal remedies if necessary. Epsom and Ewell council's environmental health team can also step in with improvement notices if landlords fail to comply.
Your Next Steps if You Need Help in Epsom and Ewell
If you suspect disrepair issues like damp or mould, your first step should be to inform your landlord formally via email or letter. Keep a copy of all correspondence for your records. Additionally, gather evidence such as photographs, videos, and any relevant medical reports that document the extent of the problem.
Citizens Advice and Shelter both provide free legal advice on housing issues. Epsom and Ewell council has its own dedicated housing team that tenants can contact for further support and guidance.
Common Mistakes to Avoid
Tenants often overlook the importance of documenting disrepair issues thoroughly, which can be important in proving your case later. Make sure you keep detailed records of all communications with your landlord and any evidence of damage or health risks associated with dampness and mould.
Landlords may mistakenly believe that minor repairs aren't their responsibility. However, under statutory guidelines, even small issues like leaking taps or cracks in walls must be addressed promptly to prevent larger problems from developing.
When to Get Professional Advice
If your landlord doesn't respond adequately after you have formally notified them of disrepair issues, it may be advisable to seek professional legal advice. A regulated solicitor can provide guidance on the best course of action and help draft formal notices or pursue further legal remedies if necessary.
In cases where the problem is severe and immediate intervention is required, contacting a local solicitor specialising in housing law might be important. For less complex issues, free services like Citizens Advice or Shelter may offer sufficient support without incurring legal fees. Check directly with Epsom and Ewell council for any specific resources available locally.
