Housing Disrepair, Damp and Mould: Your Rights in Erewash
Tenants and landlords in Erewash are covered by the same statutory framework as the rest of England when it comes to housing disrepair, damp, and mould. This guide will explain your rights under these laws and provide practical advice on how to handle such issues effectively. Housing disrepair is a critical concern for many tenants, impacting health and quality of life.
In recent years, there has been increasing scrutiny around disrepair cases, especially after the tragic death of Awaab Ishak in Birmingham due to damp and mould. This has led to legislative changes designed to protect tenants better from such hazards. The Renters' Rights Act 2025 (Awaab's Law) now provides clearer guidelines for landlords regarding their responsibilities.
What the Law Says
The core statutory framework for housing disrepair in Erewash is found in the Landlord and Tenant Act 1985, specifically Section 11. This section mandates that landlords must keep the structure and exterior of a property in good repair, as well as ensure that installations like gas and electricity are safe and functional.
The Homes (Fitness for Human Habitation) Act 2018 extends these requirements by setting out what constitutes a home fit for human habitation. Erewash covers aspects such as sanitation, protection from hazards, and space standards. Under this act, tenants may take legal action if their property is deemed unfit to live in due to disrepair.
In addition to the above, the Renters' Rights Act 2025 (Awaab's Law) specifically addresses damp and mould issues. This law clarifies that landlords are responsible for preventing and remedying these problems within strict timeframes to safeguard tenants' health.
How the Renters' Rights Act 2025 Changes this
The Renters' Rights Act 2025 introduces more stringent requirements on landlords concerning disrepair, particularly regarding damp and mould. Under Awaab's Law, landlords must address these issues promptly to prevent them from impacting tenants' health.
The act specifies that if a tenant reports damp or mould problems, the landlord has a legal obligation to repair them within 28 days in most cases. In urgent situations where immediate action is necessary due to severe health risks, this timeframe may be shortened further. These regulations are designed to ensure that landlords take swift and effective measures to maintain their properties.
What This Means for Tenants in Erewash
Under the Landlord and Tenant Act 1985 (Section 11), tenants in Erewash can expect their landlord to repair issues such as leaking roofs, broken windows, damaged flooring, and faulty electrical wiring. Additionally, Awaab's Law under the Renters' Rights Act 2025 sets strict deadlines for damp and mould repairs.
If you notice signs of damp or mould, your landlord is required to address these problems within 28 days of being notified by a tenant. For urgent cases where there are serious health risks involved, this timeframe can be shorter. It's important to document the issue carefully with photos and dates, as proof will be important if you need to escalate the matter.
Your Next Steps if You Need Help in Erewash
If you find yourself dealing with disrepair issues in your home in Erewash, there are several steps you can take:
- Contact Your Landlord: Notify your landlord of the problem in writing, detailing the nature and extent of the disrepair. Keep a copy for your records.
- Gather Evidence: Take photographs or videos to document any damage, including visible signs of damp or mould. Note down when these issues were first noticed and their progression over time.
- Free Advice Services: Seek help from organisations like Citizens Advice or Shelter. They can provide guidance on your rights and how to proceed with complaints effectively.
- Approach the Council: You may also contact Erewash council's housing team for further assistance. The environmental health department can issue improvement notices if a landlord fails to address serious disrepair issues that affect public health.
Common Mistakes to Avoid
- Ignoring Early Signs of Disrepair: Addressing small issues early on can prevent them from becoming more significant and costly problems later.
- Lack of Documentation: Without proper records, it's challenging to prove the extent or duration of disrepair when making a claim against your landlord.
- Failing to Escalate Issues Promptly: If your landlord doesn't respond adequately after being notified in writing about disrepair issues, don't hesitate to escalate matters through official channels like Erewash council or legal advice services.
- Overlooking Health Risks: Damp and mould can have serious health implications. Report these issues immediately to ensure they're addressed quickly.
When to Get Professional Advice
If your landlord continues to ignore disrepair issues after you've followed all the recommended steps. Consulting with a regulated solicitor may be necessary. However, it's advisable to seek free legal advice from organisations like Shelter or Citizens Advice first to determine if taking this step is justified. They can help assess your case and guide you on whether proceeding with a solicitor might be beneficial.
To find professional assistance, check for local solicitors who specialise in housing law through the Law Society website or ask for recommendations at free advice services. Remember, each situation is unique-check directly with Erewash council for any specific guidelines relevant to your circumstances.
