Housing Disrepair, Damp and Mould: Your Rights in Hertsmere
Tenants and landlords in Hertsmere are covered by the same statutory framework as the rest of England. This guide covers your rights to a habitable home under national law, focusing on how you can address disrepair issues like damp and mould. With recent updates from the Renters' Rights Act 2025 (RRA), including Awaab's Law for private rentals, tenants now have clearer pathways to ensure their homes meet fitness standards.
The context of housing disrepair is particularly relevant in 2026 as more attention is being drawn towards ensuring that rental properties are fit for human habitation. Recent high-profile cases and legislative changes have underscored the importance of landlords maintaining safe and healthy living conditions. In Hertsmere, like other areas across England, tenants now have stronger legal backing to address disrepair issues promptly.
What the Law Says
The Landlord and Tenant Act 1985 (Section 11) is a key statute governing landlord responsibilities for repairs in rental properties. Section 11 establishes that landlords are responsible for ensuring their property remains fit, safe, and structurally sound. This includes repairing any disrepair issues promptly to prevent further damage or harm.
The Homes (Fitness for Human Habitation) Act 2018 introduced broader criteria for assessing whether a home is habitable, focusing on elements such as internal cleanliness, hygiene, heating, lighting, water supply, drainage, and ventilation. Tenants can now use this act to seek legal redress if their rental property fails these fitness standards.
The Renters' Rights Act 2025, specifically Awaab's Law for private rentals, further enhances tenants' rights by setting stricter deadlines for landlords to address disrepair issues such as damp and mould. This law aims to prevent serious health risks and legal disputes related to substandard living conditions.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025 (RRA) introduced significant changes to how landlords must address disrepair issues in private rentals, particularly concerning damp and mould. Under Awaab's Law, tenants are entitled to quicker responses from their landlord when reporting these health hazards.
Before the RRA, while Section 11 of the Landlord and Tenant Act 1985 already mandated that landlords maintain a property in good repair, there was no specific timeframe for addressing issues like damp and mould. The new act now requires landlords to tackle such problems within 28 days of being notified by their tenant.
Awaab's Law mandates regular inspections for private rental properties with high risk factors for disrepair, ensuring that potential issues are identified early and addressed proactively. This helps prevent minor issues from escalating into more serious health hazards or structural damage.
What This Means for Tenants in Hertsmere
Under the Renters' Rights Act 2025 (RRA), tenants have a clear set of responsibilities when it comes to reporting disrepair issues, especially damp and mould. Landlords are legally required to address these problems within 28 days after being notified by their tenant under Awaab's Law.
Tenants may be entitled to request immediate repairs if damp or mould significantly affects the habitability of their home. If your landlord fails to act within this timeframe, you may have grounds to take further action through legal channels, including seeking compensation for any health issues caused by living in an unfit environment.
It's important to document all communication with your landlord regarding disrepair issues thoroughly. Keep records of emails, letters, and any verbal agreements related to repairs. This evidence can be important if you need to escalate the issue or seek legal advice later on.
Your Next Steps If You Need Help in Hertsmere
If you encounter disrepair issues like damp and mould in your rental property, the first step is to notify your landlord promptly. Explain the problem clearly and request immediate repairs under Awaab's Law. Follow up with a written notice if necessary, detailing the date of notification and any subsequent correspondence.
Once you have reported the issue to your landlord, keep detailed records of all communications regarding the repair process. Gather photographic evidence of disrepair issues as they arise. This documentation can be important for proving ongoing problems and prompting timely action from your landlord.
If your landlord doesn't respond or fails to address the issue within 28 days, you may need to contact a free advice service such as Citizens Advice or Shelter. These organisations provide guidance on legal rights and potential next steps. Hertsmere council also has a dedicated housing team that can offer assistance with disrepair claims.
Common Mistakes to Avoid
- Failing to Document Issues: Not keeping detailed records of disrepair issues and communications with your landlord can weaken your case if you need to escalate the matter legally.
- Assuming Minor Repairs Will Be Addressed Promptly: Even small repairs like fixing a dripping tap or addressing minor damp patches should be reported and followed up on, as neglect can lead to more serious problems over time.
- Not Seeking Professional Advice Early Enough: If your landlord doesn't respond adequately after 28 days, it may be wise to seek legal advice sooner rather than later to protect your rights under Awaab's Law.
When to Get Professional Advice
If you have tried all avenues but your landlord continues to neglect disrepair issues, seeking professional legal advice from a regulated solicitor might be necessary. Check with a solicitor or Shelter for guidance on whether your case meets the criteria for taking further action.
Free services such as Citizens Advice and Hertsmere council's housing team can offer preliminary advice and help you understand your options without needing to hire an attorney immediately.
When deciding whether to consult a lawyer, consider factors like the severity of the disrepair, its impact on your health, and any significant delays or refusals from your landlord. Always check directly with Hertsmere council for specific local guidance on handling disrepair claims.
