Housing Disrepair, Damp and Mould: Your Rights in Wigan
Tenants and landlords in Wigan are covered by the same statutory framework as the rest of England regarding housing disrepair. This includes national laws designed to ensure that rented properties meet certain standards of fitness for human habitation. The topic is particularly relevant now due to recent changes under the Renters' Rights Act 2025, which introduces stricter obligations on landlords to address issues like damp and mould quickly.
What the Law Says
The primary legislation covering housing disrepair in Wigan and elsewhere in England includes the Landlord and Tenant Act 1985 (Section 11) and the Homes (Fitness for Human Habitation) Act 2018. Section 11 of the Landlord and Tenant Act requires landlords to maintain their properties in a reasonable state of repair, ensuring that necessary repairs are carried out promptly.
The Renters' Rights Act 2025 further reinforces these obligations by introducing Awaab's Law for private rentals. This law specifically addresses disrepair issues such as damp and mould, mandating quicker responses from landlords to these health hazards under Section 11 of the Landlord and Tenant Act.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025 significantly enhances tenants' rights by providing clearer guidance on what constitutes disrepair, particularly in cases involving damp and mould. Under this act, landlords must address such issues within a specific timeframe to comply with Awaab's Law.
A key change is the introduction of deadlines for addressing health hazards like damp and mould. Tenants are now entitled to have these problems rectified swiftly to prevent further deterioration of their living conditions. This means that if a property fails to meet fitness standards due to issues like excessive damp or mould, landlords must act quickly to remedy them.
What This Means for Tenants in Wigan
Under the current legal framework, tenants in Wigan are entitled to have certain repairs carried out by their landlord without delay. Statutory duties include addressing structural defects, plumbing problems, and electrical faults that affect the safety and habitability of a property. For damp and mould specifically, Awaab's Law mandates that landlords must take immediate action to rectify these issues once they become apparent.
Tenants should also be aware that under Section 11 of the Landlord and Tenant Act. Certain repairs are always the landlord's responsibility by statute. These include fixing structural damage such as roof leaks or wall cracks. Repairing plumbing and heating systems, and ensuring electrical safety. When it comes to damp and mould. Tenants may need to report these issues formally and keep a detailed record of communications with their landlord.
Your Next Steps if You Need Help in Wigan
If you're experiencing housing disrepair issues in Wigan, the first step is often to contact your landlord directly via written communication. Make sure to document all interactions, including emails and letters, as evidence that you have reported the issue and requested a resolution.
For additional support, tenants can reach out to free advice services such as Citizens Advice or Shelter. These organisations offer guidance on tenant rights and how to proceed with disrepair claims effectively. Wigan council also maintains a dedicated housing team that tenants can approach for assistance in resolving issues with their landlord. The environmental health officers at the Wigan council may issue improvement notices if landlords fail to address serious disrepair issues promptly.
Common Mistakes to Avoid
Tenants and landlords frequently make mistakes when dealing with disrepair issues. One common error is failing to report problems formally and in writing, which can weaken a tenant's case later on. Landlords might also overlook their duty to act swiftly under Awaab's Law for damp and mould issues.
Another mistake isn't keeping detailed records of communications and repairs needed. This documentation is important if the issue escalates into a formal complaint or legal action. Both parties should be aware that relying solely on verbal agreements does little to protect tenant rights or enforce landlord responsibilities.
When to Get Professional Advice
If informal approaches don't resolve disrepair issues, tenants may need to seek professional advice from a regulated solicitor. This is especially important when dealing with complex legal matters involving significant health risks like damp and mould that haven't been addressed despite repeated requests. Tenants should check directly with Wigan council or consult free services like Shelter for guidance before engaging legal representation.
In general, seeking help from local advice services or the Wigan housing team is typically sufficient to address minor disrepair issues. However, when disputes are more serious or involve significant financial implications, consulting a solicitor may be advisable. It's important to research and choose reputable firms that specialise in tenant law for effective representation.
