Housing Disrepair, Damp and Mould: Your Rights in Exeter
Tenants and landlords in Exeter are covered by the same statutory framework as the rest of England, including the Landlord and Tenant Act 1985 (Section 11), Homes (Fitness for Human Habitation) Act 2018, and Renters' Rights Act 2025. This guide aims to clarify your rights regarding disrepair, damp, and mould issues in rental properties within Exeter. It's particularly relevant given recent updates in legislation aimed at improving living conditions for tenants.
The Housing Disrepair Bill, named Awaab's Law after the tragic case of the Astley family's fatal carbon monoxide poisoning due to a gas leak caused by disrepair, has brought renewed attention to landlords' responsibilities and tenant protections. This means that tenants now have clearer guidelines on what constitutes acceptable living conditions and how to address issues with their landlord or local council.
What the Law Says
The Landlord and Tenant Act 1985 (Section 11) mandates that landlords must keep rental properties in good repair and ensure they're fit for habitation. This includes important repairs such as fixing heating, plumbing, and structural issues. Under the Homes (Fitness for Human Habitation) Act 2018, homes must meet basic standards of safety, hygiene, space, and freedom from interference.
The Renters' Rights Act 2025 further strengthens these provisions by explicitly outlining the landlord's responsibilities regarding disrepair and providing tenants with clearer legal pathways to seek remedies. For private rentals, Awaab's Law within RRA 2025 ensures that landlords must address issues like damp and mould within specific timeframes.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025 introduces several critical changes to how disrepair is addressed in private rental properties. Specifically, under Awaab's Law, landlords are required to respond more swiftly to issues such as damp and mould. Landlords must now provide a written response within five days of receiving a complaint about disrepair that affects the property's habitability.
if the landlord fails to rectify these problems within 30 days, tenants may take further legal action through the courts or refer their case to Exeter council for intervention. These changes aim to ensure that tenants in Exeter and elsewhere don't suffer from prolonged living conditions that pose health risks due to disrepair.
What This Means for Tenants in Exeter
Under the current framework, certain repairs are always the landlord's responsibility by statute. For example, landlords must maintain heating systems, plumbing, electrical wiring, and structural elements like walls and roofs. When it comes to damp and mould. Tenants may be entitled to request immediate action under Awaab's Law within RRA 2025.
Tenants should note that if a landlord doesn't address such issues promptly (within five days for an initial response and 30 days for repairs), the tenant may need to seek further legal advice or escalate the matter through Exeter council. Keeping detailed records of all communications, including emails and letters, is important in these situations.
Your Next Steps if You Need Help in Exeter
If you're experiencing disrepair issues, start by contacting your landlord directly via email or letter, outlining the problem clearly and requesting a prompt response and repair schedule. If the landlord doesn't respond within five days or fails to fix the issue within 30 days, consider reaching out to free advice services such as Citizens Advice or Shelter.
you can contact Exeter council's housing team directly for further guidance on your rights and options. The environmental health department at Exeter council may also be able to serve improvement notices if necessary. Remember, it's important to keep detailed records of all communication related to the disrepair issue.
Common Mistakes to Avoid
Tenants often make mistakes such as not documenting their complaints adequately or failing to follow up with landlords within statutory timeframes. Landlords, meanwhile, may overlook minor issues that can escalate into major health concerns over time. Both parties should be aware of these potential pitfalls and take proactive steps to address them.
For instance, tenants need to ensure they keep a thorough record of all communications regarding repairs. This includes dates, descriptions of the problems, and any evidence such as photographs or emails. Landlords must also stay informed about their legal obligations under Awaab's Law to avoid penalties and potential disputes with tenants.
When to Get Professional Advice
If your landlord fails to address disrepair issues despite repeated requests and you have exhausted free advice from services like Citizens Advice, it may be time to seek professional legal assistance. Consult a regulated solicitor who specialises in housing law to discuss the specifics of your case. They can help determine if you're entitled to further action against the landlord or whether escalating the matter through Exeter council is necessary.
Always check with a solicitor or Shelter for your specific circumstances, as each case may have unique factors that influence the recommended course of action.
