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Tenants Can Now Sue For Mould

Posted on: 11 September 2020

The Basics 

 

You heard it right from 19 March, 2020 any mould or damp in your properties can get you in to hot water. From this date tenants will be able to legally sue you if your interiors aren’t ship shape and spore free. As long as the tenancies don’t extend beyond 7 years, all private and social renters will be able to utilise this new power, and that’s inclusive of a building’s common as well as private areas. The law comes under Parliament’s 2018 umbrella act, ‘Fitness for Human Habitation’. Under the new laws landlords will be responsible for issues with any of the following:

 

-  Repairs to substandard/faulty property

-  Issues relating to physical stability

-  Damp

-  Internal arrangement

-  Availability of natural light

-  Ventilation supply

-  Water supply

-  Drainage and sanitation

-  Adequate facilities for preparation and cooking of food and drainage of waste water

 

The new law has recently come in to affect after recent surveys carried out revealed around 2.5 million residents in the UK are effected by poor habitation conditions, which equates to around 1 million homes. The new law does not however make landlords responsible for any damage or disrepair caused by the actions of the tenant themselves. So firstly let's remind ourselves what kinds of damp exist? Here’s the basics:

 

 

 


 

 

 

Rising Damp

 

Rising damp is fairly uncommon and occurs when moisture from the ground moves up through the walls by a process called capillary action. The fluid from the ground area is drawn up through small cylindrical structures within the brickwork which then moves upward the internal structure of the walls. Find out more? click here

 

  

 

Wet Rot

 

Wet rot originates from a species of fungi the most common being Cellar Fungus. This kind of fungi feeds on the walls of wood cells. As time passes the integrity of the wood is then compromised leading to weakening and damage. Find out more? click here

 

 

 


 

 

Condensation in-house damp

 

We all know the caused of condensation, moist warm air condenses on cool walls especially in rooms where there’s a lot of moisture like kitchens and bathrooms. It tends to be more one an issue in winter as walls can be become colder without enough heat. This then gives the micro spores that constitute mould a garden of paradise to flourish in. Find out more? click here

  

 

 


 

 

 

Penetrating Damp

 

Penetrating damp can be found wherever water penetrates the walls of an interior. Penetrating damp moves horizontally and can reach across walls and ceilings. This is not the same as rising damp which moves vertically from a lower source of ground water. Find out more? click here

 

 

OK so that’s the basic types of damp currently on offer from mother nature, the next question is what can be done about it? Take a look at some of the most effective damp treatments you can get:

 

 

 


 

 

 

Damp Proofing 

 

A variety of damp proof membranes are available that you’d typically use as part of an internal damp proofing system that helps combat damp walls, rising and penetrating damp, condensation damp, wet rot you name it. They’re made from polymers such as HDPE, which forms an effective barrier to moisture and moisture vapour.

 

The surface of the membrane is arranged in a stud type of profile, similar to an egg carton that forms air gaps allowing moisture to evaporate from the surface of the effected wall.

 

 

 


 

 

  

Damp Proof Paint

 

 

Damp proof paint can reduce the risk of damp coming back, forming a water proof barrier to the moisture. Damp proof paint is a toxic free substance (free from solvents and plasticisers) that from barriers to air moisture. It’s similar in consistency to thick emulsion paint and comes in black or white.

 

Post application, damp and mould stains should stop appearing. It also helps curtail growth of the mould spores themselves which can lead to a variety of health issues.

  

 

 


 

 

 

Cementitious Tanking 

 

Cementitious Tanking is a clever technique that blocks water getting in to a structure by forming a proofing barrier. Tanking products are normally used externally in construction and creates cosy, waterproof and warm space to live in.

 

Cementitious Tanking utilises aggregates and chemical enhancers and at the microscopic level its microporous structure makes it completely breathable. Find out more? click here.

 

 

 


 

 

 

Timespans

 

So how long do you have to tackle cases of damp and mould in your properties? Well, from March 19th Landlords will now be expected to resolve any issues as soon as possible, with the law courts being able to determine exact time in terms of days and weeks. The more pressing the issue the speedier you’ll be expected to act.

 

The National Landlord Association advise any problems should be resolved within 24 hours if there’s a "significant risk of danger to the health, safety or security of a tenant”. With any issues that could "materially affect the comfort or convenience" of those renting, the turnaround time increases from between 24 hours to 3 days. With any less urgent repairs you’ll generally get up to 28 days. The new law also includes a ‘Grenfell clause’ giving tenants the right to take action over communal areas of the residence.

 

If you need some help and guidance with the upcoming legislation give Arch Living a call on 0116 270 6699. We’ll guide you through the maze and send an information pack regarding the best way to handle damp in your properties. Better still, if you get on board with Arch Living us as your new letting agent we’ll handle everything and anything related to damp, mould, things that crack, burst or just simply don’t work. We’ll even throw in leaving your only decision to be what biscuit you have with your next brew (we’d recommend Fox’s Crunch Creams.)

https://www.archliving.co.uk

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