Housing Disrepair, Damp and Mould: Your Rights in Portsmouth
Tenants and landlords in Portsmouth are covered by the same statutory framework as the rest of England. This guide covers your rights to a habitable home free from disrepair and harmful conditions such as damp and mould. It's particularly relevant now due to recent updates under the Renters' Rights Act 2025. Which aims to strengthen protections for tenants facing housing disrepair issues.
The law requires landlords to provide premises that are fit for human habitation (Section 1 of the Homes (Fitness for Human Habitation) Act 2018). This means your home must be structurally sound and free from hazards like damp and mould, which can lead to serious health problems. Under the Landlord and Tenant Act 1985 (Section 11), landlords are responsible for repairing and maintaining certain parts of a property such as the structure, roof, commons areas, and basic fixtures and fittings.
The Renters' Rights Act 2025, also known as Awaab's Law, further strengthens these rights by setting specific deadlines for landlords to address disrepair issues. This includes damp and mould problems that significantly affect your health and well-being.
What the Law Says
Landlord obligations are primarily set out in the Landlord and Tenant Act 1985 (Section 11) and the Homes (Fitness for Human Habitation) Act 2018, which ensures that properties meet a minimum standard of habitability. The Renters' Rights Act 2025 builds on these statutes by introducing specific timeframes and enforcement mechanisms.
Under Section 11 of the Landlord and Tenant Act 1985, landlords are legally required to repair and maintain certain parts of the property. This includes structural elements like walls, floors, roof, and commons areas, as well as plumbing and electrical systems. The Homes (Fitness for Human Habitation) Act 2018 extends these obligations by making it illegal for a landlord to let or continue letting a property that's not fit for human habitation.
Awaab's Law, formally part of the Renters' Rights Act 2025, provides additional protections by setting out clear timeframes within which landlords must address disrepair issues. This includes damp and mould problems, ensuring tenants receive timely repairs to prevent health risks.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025 introduces several key changes that affect housing disrepair rights:
- Specific Timeframes for Repairs: Landlords must fix disrepair issues within a specified period. At Portsmouth, for damp and mould, this is typically 14 days if it poses an immediate health risk.
- Enforcement Measures: Local authorities can issue notices requiring landlords to make necessary repairs when tenants report significant disrepair.
These changes aim to ensure that all properties meet the standard of being fit for human habitation, reducing the incidence of harmful living conditions like damp and mould.
What This Means for Tenants in Portsmouth
Under current law, landlords are responsible for repairing certain parts of a property as outlined by Section 11 of the Landlord and Tenant Act 1985. This includes structural repairs, roof maintenance, plumbing, and electrical systems. Additionally, under Awaab's Law, tenants have more protection against disrepair issues like damp and mould.
If you notice damp or mould in your home, your landlord has a legal obligation to address the problem swiftly. Under the Renters' Rights Act 2025, landlords must typically resolve such issues within 14 days if they pose an immediate health risk. This helps ensure that tenants don't suffer from poor living conditions.
Your Next Steps If You Need Help in Portsmouth
If you encounter disrepair or damp and mould problems, your first step should be to contact your landlord directly via a written report. Keep detailed records of all communications and evidence of the issue.
Next, approach the Portsmouth council housing team for further advice if your landlord doesn't respond adequately. The Portsmouth environmental health team can serve improvement notices on landlords who fail to address disrepair issues promptly.
free legal advice services such as Citizens Advice or Shelter can provide guidance tailored to your situation. Check directly with Portsmouth council for any specific local resources available.
Common Mistakes to Avoid
- Assuming Immediate Landlord Response: Many tenants wrongly assume that landlords will fix all issues quickly without follow-up action.
- Lack of Documentation: Failing to document the issue and keep records can weaken your case if you need to take legal action later.
- Ignoring Small Problems: Minor disrepair often escalates into major issues over time, so addressing them promptly is important.
- Not Seeking Help Early: Delaying communication with Portsmouth council or legal services may limit your options for resolution.
Avoid these mistakes by staying proactive and well-informed about your rights as a tenant in Portsmouth.
When to Get Professional Advice
If you face persistent disrepair issues, consider speaking to a regulated solicitor who specialises in housing law. They can offer expert advice on the best course of action tailored to your specific circumstances. Free services like Citizens Advice or Shelter are typically sufficient for most initial guidance and dispute resolution efforts.
To find a solicitor, check with local legal aid providers or ask for recommendations from Portsmouth council's housing team. Always remember that outcomes depend on individual cases; what works well in one instance may not guarantee success in another.
