Damp Proofing for Landlords: Your Legal Obligations and What to Do About It

As a landlord, you have a legal duty to keep rental properties damp-free and prevent mould that could potentially harm a tenant’s health. Our damp proofing for landlords helps you stay compliant and keep preventable hazards away from your property.

According to the Homes (Fitness for Human Habitation) Act 2018 and the Housing Health and Safety Rating System (HHSRS), landlords have a legal obligation to prevent mould and damp in their properties. One of the many services we offer is damp proofing for landlords, which helps you remain compliant and avoid the potential fines and rent repayment orders that come as consequences.

With the latest law changes and new regulations, landlords have more legal duties than ever before. With these changes, you must understand what the law requires, what it costs if you get it wrong, and how you can catch damp early.

What Does the Law Require Of Landlords?

The Homes (Fitness for Human Habitation) Act 2018 requires rental properties to be fit for human habitation at the start of the tenancy and throughout it. This means ensuring your properties are safe, healthy, and free from serious hazards like damp and mould. If a property is suffering from a mould infestation or has untreated damp, a tenant has the right to take legal action against the landlord, forcing repairs and even claiming compensation.

The HHSRS under the Housing Act 2004 has a framework that councils use to assess hazards in rented homes, including damp and mould growth. They rate damp and mould using categories, Category 1 and 2, with Category 1 as the most serious hazard rating. A Category 1 rating can lead to the council taking action, sending improvement notices, a prohibition order, or taking emergency remedial action at the landlord’s expense.

Kenwood provides damp proofing for landlords, alongside other services tailored to help landlords stay compliant with recent regulations.

Awaab’s Law and What’s Changing For Private Landlords

Currently, Awaab’s Law has been implemented for social housing and not yet for private landlords. However, the timeline published by the government states that in 2030 and 2035, standards will start to apply to private housing.

For private landlords, this means the strict standards set for social housing will soon apply to their properties. Our full Awaab’s law guide on this timeline and information covers what you need to do to prepare, which includes damp proofing for landlords.

What Happens If a Landlord Ignores Damp?

If you fail to comply with the current laws and obligations, there may be consequences that can cost more than it would have been to take preventive action.

Civil penalties and fines enforced by the council can be issued due to breaches of housing regulations and failing to address serious damp or mould hazards when notified. If, following these notices and offences, a landlord fails to comply, tenants can apply for an RRO (Rent Repayment Order), requiring landlords to repay up to 12 months of rent.

Other consequences can lead to landlords facing bans or being added to a Rogue Landlord database. Repeated or serious breaches can also cause letting agents to become reluctant to place tenants.

How To Spot Damp In a Rental Property

Three types of damp can occur in your property: rising damp, penetrating damp, and condensation. When inspecting your property, you need to check areas that can easily lead to damp, including:

• Skirting boards
• External walls near guttering
• Bathrooms or kitchens with poor ventilation

The easiest way to check if your home has damp is by having a damp survey conducted. This survey can identify if your property is suffering from damp and investigate the type and why it happened. With this, you can receive tailored damp treatment, including damp proofing for landlords.

Any tenant reporting damp shouldn’t be ignored or dismissed as simple condensation. If left alone, damp can quickly turn into a structural defect and black mould infestation, putting the tenants health and safety at risk.

Keeping Documentation For Compliance

Following any work conducted for damp and mould prevention purposes, you should keep reports that show what was done and when. This is ideal for your personal records as well as evidence if the council requires evidence of your preventative measures. Ideally, you should keep:

• Survey reports and photos
• Dated records of tenant mould or damp reports and how you responded
• Invoices and treatment records
• Guarantee documentation

Having this trail is valuable if you sell a tenanted or previously-let property, since buyers and their surveyors will ask about damp history for safety reasons.

What a Kenwood Landlord Service Includes

Kenwood is a PCA-accredited company that provides damp surveys and damp proofing for landlords, all of which include detailed written reports for documentation purposes. Our next-day surveys have a quick turnaround, ensuring you remain compliant with current regulations and prioritising tenant safety.

Our treatment plans cover rising damp, penetrating damp, and condensation for single lets through to larger portfolios. We also provide ongoing support for landlords and letting agents who need a specialist they can rely on for multiple properties.

Our damp proofing services come with a 20-year guarantee, so your long-term asset is always protected if damp or mould were to become an issue.

Visit our landlord services to see how Kenwood supports landlords and letting agents, or request a callback to talk with a specialist about a specific property concern.

Frequently Asked Questions

Can a tenant legally withhold rent because of damp?

No, withholding rent without a court order is itself a breach of the tenancy agreement. If there is damp in a property, the tenant can legally take the landlord to court for repairs and compensation if nothing is done.

How quickly does a landlord have to fix damp under Awaab’s Law?

The exact timeframe of Awaab’s Law is still being developed, but according to the latest timeline published by the government, Phase 3 will focus on raising standards in the private rented sector similar to Awaab’s Law for social housing. Phase 3 is expected to happen around 2035 at the latest.

What happens if a landlord ignores a Category 1 hazard?

Councils can take formal enforcement action against a landlord, including improvement notices or emergency remedial work, all paid for by the landlord. Civil penalties may also follow if there is continued failure to comply, and even Rent Repayment Orders.

Do landlords need a professional damp survey before letting a property?

Although there is no legal obligation to carry out a damp survey on your property before letting it out, it is an easy way to catch damp before it becomes a costly issue. It’s recommended for older properties or where you’re about to start a new tenancy.

Does damp affect the value or saleability of a rental property?

Yes. If left alone, damp can cause structural issues to your property, which can affect valuation and how quickly the property sells.