Housing Disrepair, Damp and Mould: Your Rights in Wiltshire
Tenants and landlords in Wiltshire are covered by the same statutory framework as the rest of England when it comes to housing disrepair. This guide explains your rights under national law and how recent changes have made it easier for tenants to pursue necessary repairs. Disrepair issues, especially damp and mould, can significantly impact health and living conditions, making it important for both landlords and tenants to understand their responsibilities.
The issue of disrepair has gained renewed attention in the wake of tragic events such as the Grenfell Tower fire and more recently with the recognition of Awaab's Law. The Housing Act 1985 (Section 11) and the Homes (Fitness for Human Habitation) Act 2018 have been key in establishing landlords' duties, while the Renters' Rights Act 2025 has further strengthened tenants' rights to address disrepair swiftly and effectively. Understanding these laws is important for maintaining safe living conditions.
What the Law Says
Under the Landlord and Tenant Act 1985 (Section 11), landlords are legally required to keep a property in good repair, ensuring that it remains structurally sound and free from hazards such as damp and mould. The Homes (Fitness for Human Habitation) Act 2018 expanded these requirements by making it illegal for private landlords to rent out properties that don't meet the standards of fitness for human habitation. This means that any disrepair issues affecting a tenant's health or safety must be promptly addressed.
The Renters' Rights Act 2025, also known as Awaab's Law, specifically addresses the responsibilities of landlords in private rental sectors to prevent and rectify damp and mould. It mandates clear timeframes for landlords to respond to complaints about disrepair issues affecting habitability, such as leaks, structural damage, or poor ventilation.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act 2025 introduces significant changes by providing clearer and more enforceable guidelines on how landlords must address housing disrepair. Awaab's Law specifically stipulates that landlords have a duty to prevent damp. Mould, and other structural issues that affect the habitability of a property. The law sets out strict timeframes for landlords to respond to complaints, with severe penalties for non-compliance.
Tenants are now entitled to quicker repairs and more strong protections against disrepair-related health risks. At Wiltshire, landlords must maintain their properties according to higher standards, ensuring that tenants live in safe and healthy conditions. This change helps tenants by offering them a clearer legal pathway to ensure they receive the necessary maintenance and repairs within legally mandated deadlines.
What This Means for Tenants in Wiltshire
Under Awaab's Law, landlords are required to address damp and mould issues promptly upon being notified by their tenants. Landlords must take action on disrepair complaints within 14 days of receiving them. With any more severe issues needing attention within seven days. Statutory obligations mean that tenants shouldn't have to endure unhealthy living conditions for long.
Landlords are responsible for repairs related to structural integrity and safety, such as roof leaks, plumbing problems, or electrical faults. Any disrepair that affects the habitability of a property falls under Section 11 of the Landlord and Tenant Act 1985. Tenants should be aware that if their landlord fails to address these issues within the prescribed timeframes. They may have grounds for legal action.
Your Next Steps if You Need Help in Wiltshire
If you encounter disrepair issues or damp and mould problems, your first step is to contact your landlord directly and request repairs in writing. Keep a paper trail of all communications, including emails, letters, and any records of phone calls or visits from the landlord.
In addition to contacting your landlord, you can also seek advice from free services such as Citizens Advice or Shelter. These organisations provide guidance on your rights under Awaab's Law and how to proceed if your landlord doesn't respond adequately. The Wiltshire council housing team may also be approached for assistance. Especially in cases where disrepair poses a serious risk to health or safety.
Common Mistakes to Avoid
Tenants often make the mistake of waiting too long before contacting their landlord about disrepair issues, allowing problems to escalate unnecessarily. Prompt communication is key under Awaab's Law.
Landlords sometimes underestimate the seriousness of damp and mould complaints, failing to recognise these as urgent structural or health concerns. Ignoring such notifications can lead to serious legal consequences, including fines and repair costs.
Tenants may also overlook gathering sufficient evidence when reporting disrepair issues. It's important to document all relevant details, including photos, dates, and descriptions of the problems encountered. This documentation can be important if you need to escalate your case or pursue further action through legal channels.
When to Get Professional Advice
If your landlord fails to address disrepair issues despite repeated requests, it may be necessary to consult a solicitor for professional advice. However, many tenants find that free advice services such as those offered by Citizens Advice or Shelter provide sufficient guidance and support without the need for costly legal action. It's advisable to check with these organisations first before considering more formal legal steps.
To find local solicitors specialising in tenant rights, you can use websites like Law Society or directly contact Wiltshire council for referrals. Always remember that seeking professional advice doesn't guarantee a specific outcome but may help clarify your rights and the best course of action to take.