Housing Disrepair, Damp and Mould: Your Rights in Preston
Tenants and landlords in Preston are covered by the same statutory framework as the rest of England. This guide covers your rights when it comes to disrepair issues such as damp and mould. It's specifically for renters who need help understanding their legal standing and how they can take action to address problems within their rented property. The topic has become increasingly important since the tragic Grenfell Tower fire, which highlighted serious concerns about building safety and living conditions that led to new legislation.
The Homes (Fitness for Human Habitation) Act 2018 sets out clear standards for what constitutes a habitable home. Under Section 1 of this Act, landlords must ensure that their properties are fit for human habitation at the start of a tenancy and throughout its duration. This includes addressing issues like damp, mould, and other disrepair problems that can affect your health and safety.
What the Law Says
The core statute governing housing disrepair is Section 11 of the Landlord and Tenant Act 1985. It states that landlords are responsible for maintaining their properties in good repair. Including structural elements like walls, roofs, floors, and windows. Additionally, the Renters' Rights Act 2025, often referred to as "Awaab's Law," specifically addresses private rental conditions under Section 79A. This law requires that landlords fix disrepair issues within stringent timelines and ensures that tenants have a right to take legal action if repairs aren't made.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025 significantly enhances protections for private renters by setting stricter deadlines for landlords to address disrepair. For instance, under Section 84 of Awaab's Law, damp and mould issues must be resolved within a maximum period of five days if they pose an immediate health risk or ten days if the risk is less severe but still significant. These timelines are enforceable through court action if necessary.
What This Means for Tenants in Preston
Under statutory law, landlords in Preston must repair any disrepair that affects your safety and well-being. Common issues include leaking pipes, broken windows, and structural damage. Awaab's Law mandates that damp and mould problems be addressed promptly to prevent health hazards such as respiratory issues or skin conditions.
For instance, if you notice black mould growing on the walls, you should notify your landlord in writing immediately. Under Section 84 of RRA 2025, they have up to ten days to resolve less urgent cases and five days for severe ones that affect your health directly. If they don't act within these timelines, it may be necessary to escalate the issue further.
Your Next Steps if You Need Help in Preston
If you need assistance with disrepair issues, start by contacting your landlord in writing via email or a signed letter detailing the problem and requesting action. Keep copies of all correspondence for your records. If the landlord doesn't respond within legally mandated deadlines, contact the environmental health team at Preston council to report the issue formally.
consider seeking advice from free services like Citizens Advice or Shelter. Both organisations can provide guidance on how to proceed if repairs are delayed and offer support in drafting formal complaints or legal claims. The Preston council housing team is also a reliable resource for advice and may intervene directly with the landlord if necessary.
Common Mistakes to Avoid
Tenants often make mistakes such as failing to document issues thoroughly, not providing written notice to landlords about disrepair, and delaying action until problems become severe. It's important to report any defects promptly in writing to ensure legal protection under RRA 2025.
Landlords may also err by ignoring tenant complaints or using outdated maintenance protocols that don't meet current statutory requirements. Landlords should respond immediately to disrepair issues and ensure repairs are completed within the strict timelines set out by Awaab's Law.
When to Get Professional Advice
If you have tried all steps without success, consider consulting a regulated solicitor who specialises in housing law. They can provide tailored advice on your case and help you pursue legal action if needed. For most tenants, seeking free advice from organisations like Citizens Advice or Shelter is sufficient at the initial stages of addressing disrepair issues.
Remember to check directly with Preston council for any specific local policies or guidelines that may apply to your situation beyond national legislation.
