Housing Disrepair, Damp and Mould: Your Rights in Swale
Tenants and landlords in Swale are covered by the same statutory framework as the rest of England when it comes to housing disrepair, damp, and mould. This includes national laws that ensure properties remain safe and habitable for all residents. The issue has gained significant attention following the tragic case of Awaab Ishak, which led to the Renters' Rights Act 2025 (Awaab's Law). These developments aim to strengthen tenants' rights and address disrepair more effectively.
In Swale, as in other parts of England, housing disrepair remains a pressing concern for many residents. Issues like damp and mould not only affect living conditions but also pose serious health risks. Recent legislative changes have sought to help tenants by clearly outlining their responsibilities and those of landlords regarding property maintenance. This guide aims to clarify these rights and provide practical steps for addressing disrepair.
What the Law Says
The primary legal framework governing housing disrepair is the Landlord and Tenant Act 1985, specifically Section 11, which outlines a landlord's duty to repair properties and ensure they're in good condition. The Homes (Fitness for Human Habitation) Act 2018 expanded on this by establishing criteria for habitable homes, including structural elements, drainage, space, cleanliness, and amenities. Additionally, the Renters' Rights Act 2025 introduced Awaab's Law to further protect tenants in private rentals.
Under Section 11 of the Landlord and Tenant Act 1985, landlords must maintain common areas, ensure that repairs are carried out promptly when necessary, and comply with health and safety regulations. The Homes (Fitness for Human Habitation) Act 2018 reinforces these responsibilities by providing specific criteria that a property must meet to be considered fit for human habitation.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025, also known as Awaab's Law, significantly enhances tenants' rights in private rentals. Key changes include stricter timeframes for landlords to address disrepair issues such as damp and mould. Under this legislation, landlords are required to act on complaints within a specific period; otherwise, tenants may seek legal remedies or move out without penalty.
The Act mandates that landlords must respond promptly to any reported disrepair issues, ensuring that repairs for critical problems like water leaks, structural damage, and heating faults are completed as soon as possible. Additionally, Awaab's Law requires landlords to maintain a property in good repair throughout the tenancy and to address complaints about damp and mould within 28 days.
What This Means for Tenants in Swale
For tenants in Swale, understanding these statutory responsibilities is important. Landlords must ensure that their properties are structurally sound, free from health hazards like damp and mould, and equipped with adequate heating facilities. Under Awaab's Law, landlords have a clear obligation to address complaints about disrepair within the prescribed timeframe.
Tenants should be aware of which repairs fall under statutory responsibility. This includes structural issues, plumbing problems, electrical faults, and heating deficiencies that affect habitability. For damp and mould specifically, tenants may request action from their landlord within 28 days according to Awaab's Law. If the issue persists, tenants may seek further legal advice or report it to Swale council for formal intervention.
Your Next Steps if You Need Help in Swale
If you're experiencing disrepair issues, your first step should be to contact your landlord directly and provide a written report of the problem along with any relevant photos. Keep copies of all correspondence as evidence.
Should the issue remain unresolved, consider reaching out to free advice services such as Citizens Advice or Shelter for guidance on your rights and next steps. You can also approach Swale council's housing team for assistance in reporting disrepair formally. The environmental health department within Swale can serve improvement notices compelling landlords to address serious disrepair issues promptly.
Common Mistakes to Avoid
- Not Documenting Issues: Tenants often overlook the importance of keeping thorough records, including dates of complaints and attempts at resolution.
- Failing to Seek Legal Advice Early: Delaying in seeking professional advice can weaken your position if you need to pursue legal action later.
- Misunderstanding Responsibilities: Both tenants and landlords may incorrectly assume who's responsible for certain types of repairs.
When to Get Professional Advice
If the disrepair issues persist despite your efforts, or if you feel that your landlord hasn't responded adequately within the mandated timeframes, it may be wise to consult a regulated solicitor. This can help clarify whether you're entitled to further legal recourse such as moving out without penalty under Awaab's Law. Alternatively, free services like Shelter and Citizens Advice typically provide sufficient guidance for less severe cases. To find appropriate professional advice, check with these organisations or local Swale council resources directly.
