Housing Disrepair, Damp and Mould: Your Rights in Stoke-on-Trent
Tenants and landlords in Stoke-on-Trent are covered by the same statutory framework as the rest of England, including the Landlord and Tenant Act 1985 (Section 11) and the Homes (Fitness for Human Habitation) Act 2018. This guide covers your rights to a habitable home free from disrepair and harmful conditions like damp and mould. It's particularly relevant today as the Renters' Rights Act 2025, also known as Awaab's Law, has strengthened protections against disrepair in private rentals.
What the Law Says
The Landlord and Tenant Act 1985 (Section 11) requires landlords to maintain their rental properties in good repair. This includes structural elements such as walls. Roofs, and windows, as well as ensuring that the property is fit for habitation from a health perspective. The Homes (Fitness for Human Habitation) Act 2018 extends these requirements by setting out specific standards for habitability across various aspects of housing conditions.
The Renters' Rights Act 2025 further strengthens tenant rights by providing clearer guidelines and quicker resolution processes, particularly in cases involving disrepair. Under Awaab's Law, tenants are now more explicitly entitled to a home free from damp and mould, with clear timelines for remedial action.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025 introduces significant changes by requiring landlords to address disrepair issues promptly. For instance, tenants can now report damp and mould within two weeks of noticing it, and landlords are legally obliged to act on these complaints without undue delay. The law also mandates that landlords must provide a full inspection within a month if requested by the tenant, ensuring any necessary repairs or improvements are carried out swiftly.
What This Means for Tenants in Stoke-on-Trent
Under the statutory framework, tenants in Stoke-on-Trent have clear rights to a property free from disrepair and harmful conditions like damp and mould. According to Section 11 of the Landlord and Tenant Act 1985, landlords are responsible for maintaining structural elements such as walls, roofs, and windows, ensuring these components don't pose safety risks or health hazards.
Awaab's Law under the Renters' Rights Act 2025 further clarifies that tenants must report damp and mould within two weeks of noticing it. Landlords have a legal obligation to address these issues promptly to prevent them from worsening. Tenants should document any instances of disrepair by taking photos, writing down dates and conditions, and keeping all communication with the landlord regarding repairs.
Your Next Steps if You Need Help in Stoke-on-Trent
If you're experiencing disrepair or mould issues, your first step is to inform your landlord immediately in writing. Gather evidence like photographs and detailed descriptions of the problem areas. Contacting a free advice service such as Citizens Advice or Shelter can provide further guidance on what steps to take next.
the Stoke-on-Trent council has a dedicated housing team that tenants can approach for assistance. This team can help by providing information about your rights and procedures for resolving disrepair issues. If necessary, they may also intervene directly with improvement notices if landlords fail to address health hazards or significant structural defects.
Common Mistakes to Avoid
Tenants often make the mistake of not documenting disrepair thoroughly, which weakens their case when seeking remedy from the landlord. It's important to keep a detailed record of any issues and communicate them clearly in writing. Another common error is assuming landlords will fix all problems without being prompted or documented properly.
Landlords may overlook minor repairs, thinking they're insignificant. However, even small disrepair can escalate into larger health risks like mould growth if not addressed promptly. Landlords must take tenant complaints seriously to avoid legal repercussions and ensure their properties remain habitable and compliant with the law.
When to Get Professional Advice
If your landlord fails to address significant disrepair or breaches housing standards despite repeated attempts. Consulting a regulated solicitor may be necessary. Free advice services like Shelter can initially assess your case and guide you on whether seeking legal representation is advisable. Stoke-on-Trent council's housing team can also provide guidance on how to proceed with formal complaints or enforcement action against non-compliant landlords.
