Housing Disrepair, Damp and Mould: Your Rights in Fylde
Tenants and landlords in Fylde are covered by the same statutory framework as the rest of England, including national laws such as the Landlord and Tenant Act 1985 (Section 11) and the Homes (Fitness for Human Habitation) Act 2018. This guide is designed to help tenants understand their rights when dealing with disrepair issues, particularly those related to damp and mould. Given recent updates like Awaab's Law in the Renters' Rights Act 2025, it has never been more important for tenants to know how to protect themselves from unhealthy living conditions.
What the Law Says
Under the Landlord and Tenant Act 1985 (Section 11), landlords are legally obligated to keep their properties safe and in good repair. This includes ensuring that any disrepair issues that could affect a tenant's health or safety are addressed promptly. The Homes (Fitness for Human Habitation) Act 2018 extends these obligations by making it unlawful for a landlord to let property that's unfit for human habitation, which can include issues related to damp and mould.
The Renters' Rights Act 2025 further reinforces tenants' rights with specific provisions known as Awaab's Law. This law mandates that landlords must address disrepair issues, particularly those concerning damp and mould, within strict timeframes to ensure the property remains fit for human habitation.
How the Renters' Rights Act 2025 Changes This
Awaab's Law, part of the Renters' Rights Act 2025, introduces significant changes by setting explicit deadlines for landlords to rectify disrepair issues. Under this law, landlords are required to address damp and mould problems within a specific timeframe to prevent health risks. For instance, if damp or mould is reported, the landlord must take action swiftly to ensure the property remains habitable.
Awaab's Law strengthens tenants' rights by allowing them to seek legal remedies more easily when disrepair issues persist despite repeated requests for repairs. This means that tenants in Fylde now have clearer and more enforceable protections against unhealthy living conditions caused by disrepair.
What This Means for Tenants in Fylde
Tenants in Fylde are entitled to a property that's structurally sound, safe, and free from damp and mould issues. Statutory obligations under the Landlord and Tenant Act 1985 (Section 11) and the Homes (Fitness for Human Habitation) Act 2018 ensure that landlords must maintain their properties in good repair and address any disrepair within a reasonable time.
Awaab's Law further clarifies these responsibilities by setting specific deadlines. If damp or mould is present, tenants may be entitled to request repairs from the landlord within days rather than weeks. Failure to comply can result in legal action against the landlord.
Your Next Steps if You Need Help in Fylde
If you're experiencing disrepair issues and need assistance, start by contacting your landlord directly with a written report of the problem. Include photos or videos as evidence to support your claim. If no response is received within a reasonable timeframe, reach out to free advice services like Citizens Advice or Shelter for guidance on next steps.
Fylde council also has a dedicated housing team that can assist tenants in resolving disrepair issues. The Fylde environmental health team may serve improvement notices if they find that the property doesn't meet legal standards and pose a risk to residents' health.
Common Mistakes to Avoid
Tenants often make the mistake of failing to document disrepair issues thoroughly with photos, videos, or detailed written reports. Landlords might overlook these obligations by neglecting to address disrepair promptly despite repeated requests from tenants. Both parties should keep clear records and communicate effectively to avoid misunderstandings.
Another common error isn't seeking legal advice early enough when landlord-tenant disputes arise over disrepair issues. This can lead to unnecessary delays in resolving the problem or worse, legal complications that could have been avoided with timely intervention.
When to Get Professional Advice
If you encounter persistent disrepair issues and feel overwhelmed by the process of addressing them independently, it may be wise to consult a regulated solicitor for professional guidance. However, free advice services from organisations like Citizens Advice can often provide sufficient support without the need for legal fees. Check directly with Fylde council or local housing teams to find suitable assistance tailored to your needs.
