Housing Disrepair, Damp and Mould: Your Rights in Thanet
Tenants and landlords in Thanet are covered by the same statutory framework as the rest of England. This guide explains your rights under the Landlord and Tenant Act 1985 (Section 11), the Homes (Fitness for Human Habitation) Act 2018, and Awaab's Law from the Renters' Rights Act 2025. These laws ensure that rental properties are fit to live in and address disrepair issues promptly.
In recent years, there has been increased scrutiny on housing conditions following tragic events like the Grenfell Tower fire and cases of preventable illnesses caused by poor living conditions. Awaab's Law aims to protect tenants from unsafe homes by providing clear guidance on landlords' responsibilities for repairs and maintaining a habitable environment. This is particularly relevant in Thanet, where many older properties may be prone to disrepair.
What the Law Says
Under the Landlord and Tenant Act 1985 (Section 11). Landlords are legally obligated to keep their property safe and structurally sound. The Homes (Fitness for Human Habitation) Act 2018 expanded this duty. Stating that homes must meet basic standards of safety, warmth, hygiene, and structural integrity. Awaab's Law from the Renters' Rights Act 2025 further strengthens these rights by setting clear timeframes for landlords to address specific issues like damp and mould.
Section 11 specifically requires landlords to repair and maintain a property so that it's windproof, weather-tight, structurally sound, free of dry rot or woodworm, and safe from falling hazards. The Homes (Fitness for Human Habitation) Act ensures that any significant disrepair must be fixed within a reasonable time frame, while Awaab's Law mandates quicker action for damp and mould issues.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025 introduces Awaab's Law, which stipulates that landlords have stricter obligations to address health-threatening conditions like damp and mould. Landlords must fix these issues within a shorter timeframe compared to other disrepair problems. For example, under the new law, landlords may be required to resolve damp and mould problems within 30 days, as opposed to the standard reasonable time frame.
This change ensures that tenants in Thanet can expect quicker responses from their landlord when it comes to health-related issues. Thanet also provides a clear legal basis for tenants to seek redress if their landlord fails to act promptly.
What This Means for Tenants in Thanet
Tenants in Thanet are entitled to have repairs carried out by the landlord under statutory requirements. Repairs that fall under Section 11 of the Landlord and Tenant Act include structural issues like roof leaks, unsafe electrical wiring, and infestations of dry rot or woodworm.
Awaab's Law specifically addresses damp and mould, requiring landlords to fix these issues within a strict deadline. For example, if you notice persistent damp that's causing health problems, your landlord must address it promptly. If they fail to do so, you may be entitled to seek legal action against them for breach of statutory duty.
Your Next Steps if You Need Help in Thanet
If you need help with disrepair issues. Start by contacting the Thanet environmental health team or your local council housing department. Gather evidence such as photos and witness statements to document the problem. It's also advisable to keep a written record of all communication with your landlord regarding repairs.
Free advice services like Citizens Advice and Shelter can provide guidance on tenant rights and legal options. Additionally, Thanet council's housing team offers support for tenants facing disrepair issues and can offer mediation between landlords and tenants when disputes arise.
Common Mistakes to Avoid
- Failing to Document Issues: Always keep detailed records of any repairs needed or ongoing issues with your property. Without documentation, it may be challenging to prove the extent of disrepair.
- Not Reporting Problems Promptly: Delaying reporting can weaken your case if you need to take legal action later on. Report problems as soon as they arise to ensure timely resolution.
- Neglecting Legal Advice: While free advice services are helpful, some cases may require professional legal assistance. Consulting a solicitor early can prevent complications down the line.
When to Get Professional Advice
Seek professional legal advice from a regulated solicitor if your landlord repeatedly ignores repair requests or breaches statutory duties. A solicitor can help you understand your rights and guide you through the process of making formal complaints or pursuing compensation.
In many cases, free services like Shelter or Citizens Advice may be sufficient for initial guidance and support. However, it's important to check directly with Thanet council or consult a solicitor if you're unsure about your specific situation or need legal representation in court proceedings.
