Housing Disrepair, Damp and Mould: Your Rights in Rotherham
Tenants and landlords in Rotherham are covered by the same statutory framework as the rest of England when it comes to housing disrepair, damp, and mould issues. This guide is designed for those who rent privately or under social tenancies within the borough. Understanding your rights and responsibilities can help you address these common problems effectively.
The topic of housing disrepair has become particularly urgent in recent years following tragic incidents such as the Grenfell Tower fire. The death of Awaab Ishak, a child from Rotherham who passed away due to dampness and mould in his home, further highlights the critical importance of ensuring that all dwellings are fit for human habitation. This guide aims to provide clarity on how tenants can seek redress when faced with disrepair issues.
What the Law Says
Housing disrepair is governed primarily by the Landlord and Tenant Act 1985 (Section 11). Which obligates landlords to keep their properties in a good state of repair. Additionally, the Homes (Fitness for Human Habitation) Act 2018 sets out minimum standards that all homes must meet to be deemed fit for human habitation. The Renters' Rights Act 2025, commonly referred to as Awaab's Law for private rentals, has introduced specific timeframes and responsibilities regarding damp and mould.
Section 11 of the Landlord and Tenant Act 1985 stipulates that landlords must maintain all structural elements of a property. This includes fixing leaking roofs, replacing broken windows, and ensuring the plumbing works properly. The Homes (Fitness for Human Habitation) Act 2018 reinforces these requirements by setting out clear criteria for what constitutes a habitable home, including adequate heating, lighting, sanitation, and ventilation.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025 significantly enhances tenants' protections against disrepair issues. Under this law, landlords have specific deadlines to address problems like dampness and mould. For example, if a tenant reports an issue with damp or condensation, the landlord typically has two months to rectify it unless there are exceptional circumstances.
The Act also mandates that landlords provide documentation detailing their obligations under Section 11 of the Landlord and Tenant Act 1985. This includes outlining what repairs they will undertake and when they plan to carry them out. The RRA 2025 further helps tenants by allowing them to seek legal remedies more quickly if disrepair issues persist.
What This Means for Tenants in Rotherham
Under the statutory framework, landlords are responsible for repairing any structural damage that affects the integrity of the home, such as roof leaks or broken windows. Landlords must also maintain heating and hot water systems so they function effectively. Additionally, under Awaab's Law, if a tenant notices dampness or mould affecting their living conditions, the landlord is expected to address these issues within two months.
Tenants should document all instances of disrepair carefully. This includes taking photos, noting dates, and sending written notifications to the landlord via recorded delivery. Should the landlord fail to act within the required timeframe, tenants may have grounds for legal action under Awaab's Law.
Your Next Steps if You Need Help in Rotherham
If you encounter housing disrepair issues, your first step should be to contact the landlord directly and report the problem in writing. Keep copies of all correspondence and maintain a log of any repairs needed or completed. If the landlord doesn't respond adequately, consider seeking free advice from local organisations such as Citizens Advice or Shelter.
Rotherham council has a dedicated housing team that can provide guidance on disrepair issues and potentially intervene if necessary. The environmental health department may issue improvement notices to landlords who fail to comply with statutory requirements.
Common Mistakes to Avoid
Tenants often make the mistake of not documenting their complaints properly, which weakens any subsequent legal claims. Landlords frequently overlook minor but important repairs, leading to more significant issues over time. Both parties should ensure they adhere strictly to statutory obligations and seek professional advice when unsure about specific responsibilities.
When to Get Professional Advice
If your disrepair issue escalates beyond initial correspondence with the landlord, consulting a regulated solicitor may be advisable. They can provide tailored guidance based on your situation and help you deal with legal proceedings if necessary. Free services like Citizens Advice or Shelter are typically sufficient for less severe cases but check directly with Rotherham council for local resources.
