Housing Disrepair, Damp and Mould: Your Rights in Somerset
Tenants and landlords in Somerset are covered by the same statutory framework as the rest of England when it comes to housing disrepair and fitness for human habitation. This guide explains your rights under national legislation and offers practical advice on how to handle common issues like damp and mould. In 2026, this topic is especially relevant following a tragic fire in Grenfell Tower that highlighted systemic failures in building safety and living conditions.
What the Law Says
The Landlord and Tenant Act 1985 (Section 11) establishes the legal duties of landlords to maintain their properties. The Homes (Fitness for Human Habitation) Act 2018 extends these responsibilities by setting out specific criteria that a property must meet in terms of space, ventilation, lighting, drainage, sanitation, and protection from hazards such as damp and infestation.
The Renters' Rights Act 2025, often referred to as Awaab's Law, introduced further protections for private renters. Section 134 of the RRA 2025 mandates that landlords must ensure their properties are free from harmful levels of damp and mould within a reasonable timeframe after being notified by tenants.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025 significantly bolsters existing protections under Section 134, which now requires landlords to address issues like damp and mould promptly. Tenants are entitled to a property that meets minimum standards for habitability, and the RRA 2025 strengthens enforcement mechanisms by allowing tenants to pursue legal action if these conditions aren't met.
Awaab's Law also introduces clearer timeframes for addressing disrepair claims, ensuring that landlords must undertake repairs within a specified period after being notified of issues. This helps prevent prolonged periods of unsuitable living conditions.
What This Means for Tenants in Somerset
Under statute, landlords are always responsible for repairing structural elements like the roof and exterior walls, as well as communal areas such as staircases and lift shafts. The Renters' Rights Act 2025 mandates that landlords must rectify issues related to damp and mould within a reasonable timeframe after being informed by tenants.
For example, if you notice significant levels of damp or mould in your Somerset home, you should report it immediately using the methods outlined below. Under Awaab's Law, landlords are required to address such problems promptly, typically within 30 days for minor issues and up to three months for more severe conditions involving structural work.
Your Next Steps if You Need Help in Somerset
If you experience disrepair or unsuitable living conditions in your Somerset home, the first step is to contact your landlord directly. Clearly document the issue, including photos and a written report detailing the problem and its impact on your daily life. Keep copies of all communications with the landlord.
Should your landlord fail to act appropriately, you can approach Somerset's environmental health team or housing department for further assistance. They may be able to serve an improvement notice if necessary. Free advice services such as Citizens Advice and Shelter can also provide guidance on legal rights and next steps.
Common Mistakes to Avoid
- Failing to Document Issues: Always keep detailed records of disrepair issues, including dates, descriptions, and any relevant communication with the landlord.
- Ignoring Minor Problems: Small issues like leaks or cracks may worsen over time if not addressed promptly. Report them immediately to avoid bigger problems later.
- Not Seeking Professional Advice Early On: Consulting a solicitor early in the process can help prevent unnecessary complications down the line.
- Neglecting Your Tenancy Agreement: Review your agreement for any specific clauses regarding repairs and maintenance, as these may offer additional protections.
When to Get Professional Advice
You should consider seeking advice from a regulated solicitor if you face eviction or legal action related to disrepair claims. However, many cases can be resolved with the help of free services like Citizens Advice or Shelter. These organisations can provide initial guidance on your rights and suggest next steps without requiring payment upfront.
When looking for professional help, ensure that any solicitors or advice services are properly regulated and experienced in housing law. Always check directly with Somerset council for local resources and updates specific to tenant rights in the area.
