Housing Disrepair, Damp and Mould: Your Rights in Forest of Dean
Tenants and landlords in Forest of Dean are covered by the same statutory framework as the rest of England. This guide addresses your rights concerning disrepair. Dampness, and mould, explaining how to protect yourself if these issues arise during your tenancy. Disrepair is a pressing concern today, especially following recent court rulings that highlight the importance of living in habitable conditions.
The Homes (Fitness for Human Habitation) Act 2018 and Awaab's Law under the Renters' Rights Act 2025 provide strong protections against disrepair and poor housing conditions. These laws ensure tenants can live in properties that meet basic standards, including being free from damp and mould.
What the Law Says
The Landlord and Tenant Act 1985 (Section 11) outlines a landlord's responsibility to keep rented accommodation in good repair and proper working order. Additionally, Section 2 of the Homes (Fitness for Human Habitation) Act 2018 mandates that all homes must be fit for human habitation. This includes being structurally sound, weatherproof, clean, with adequate lighting, ventilation, drainage, space, food safety measures, and protection from hazards.
The Renters' Rights Act 2025 further strengthens these protections by introducing Awaab's Law, which directly addresses disrepair issues that can lead to serious health risks. Section 16 of the RRA 2025 mandates landlords to address structural defects and other significant repairs within strict timelines.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025, which came into effect in 2025, significantly enhances tenant protections against disrepair. Under Awaab's Law, tenants can take legal action if their landlord fails to address serious disrepair issues within a specified timeframe. The RRA 2025 provides clearer definitions and timelines for landlords to rectify damp and mould problems.
Under Section 16 of the Act, landlords are required to address structural defects and other significant repairs promptly. For example, if damp or mould poses a health risk, landlords must take immediate action. This includes repairing leaking pipes, addressing condensation issues, and ensuring proper ventilation. The Forest of Dean environmental health team can serve improvement notices on landlords who fail to comply with these regulations.
What This Means for Tenants in Forest of Dean
Tenants in the Forest of Dean are entitled to a property that's free from disrepair, dampness, and mould. According to Section 11 of the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018, landlords must maintain their properties in good condition. Additionally, Awaab's Law under the Renters' Rights Act 2025 mandates that landlords address serious disrepair issues promptly.
If damp or mould is a problem, tenants should notify their landlord in writing and request repairs within seven days of identifying the issue. If the landlord doesn't take action within this timeframe, tenants may seek further assistance from Forest of Dean council or legal representation to enforce their rights.
Your Next Steps if You Need Help in Forest of Dean
If you encounter disrepair issues that affect your living conditions, start by contacting your landlord in writing. Document any communication and keep a detailed record of the issue's progression. Gather photographic evidence of damp and mould, as well as any relevant correspondence with your landlord.
Next, contact the Forest of Dean council housing team for guidance on how to proceed. They can provide information on improvement notices and other legal actions available under Awaab's Law. You may also seek advice from Citizens Advice or Shelter. Both of which offer free support services tailored to tenant rights in England.
Common Mistakes to Avoid
Tenants often make the mistake of failing to document disrepair issues thoroughly. Always keep a written record of all communications with your landlord and gather photographic evidence whenever possible. Another common error is waiting too long before taking action; addressing problems promptly can prevent them from escalating into more serious issues.
Landlords may also overlook their legal obligations by neglecting to repair significant defects or failing to respond to tenants' complaints within the required timeframe. It's important for landlords to address disrepair promptly and in accordance with Awaab's Law.
When to Get Professional Advice
If your landlord doesn't resolve disrepair issues despite your efforts, you may need professional legal advice. Consult a regulated solicitor who specialises in housing law to discuss potential claims or actions against the landlord. Free advice services like Citizens Advice can also provide preliminary guidance and help determine whether further legal steps are necessary.
Check directly with Forest of Dean council for local resources and support options available to tenants facing disrepair issues. They may offer mediation services, improvement notices, or other avenues to enforce your rights without going to court.
In summary, knowing your rights under Awaab's Law and the Homes (Fitness for Human Habitation) Act 2018 is important in protecting yourself against housing disrepair in Forest of Dean.
