Poor records weaken landlords’ mould defence

Landlords lose most damp and mould disputes because of how they handle complaints, rather than the law itself, according to property barrister Jeffrey Zitron.

He says that landlords who cannot show when a property was last inspected are in a weaker position to contest a tenant’s claim.

And repeated mould washes can leave a repair history showing the same problem returning within days or weeks.

The housing team at The Barrister Group Chambers reports that damp and mould is the single biggest driver of the disrepair claims it handles.

Damp and mould claims

Mr Zitron said: “Always remember what this is about: Keeping homes fit for human habitation.

“A landlord and tenant who become embroiled in a disrepair case which turns into a claim are heading into a time-consuming and expensive tunnel.”

He added: “Being awarded damages may be fair recompense to a tenant, but most just want their home to be safe, warm and comfortable.

“So, a landlord who responds promptly and effectively, whether to a Letter of Claim under the Housing Conditions Protocol or through an internal complaints process, saves themselves and their tenant grief and money.”

Landlords’ repair duties

Mr Zitron says most cases are brought over an alleged breach of Section 11 of the Landlord and Tenant Act 1985, which requires landlords to keep the structure and exterior in good repair, along with essential services.

A leaking roof, failed damp-proof course or crumbling render usually falls within that duty.

However, the obligation to keep a property fit for human habitation throughout the tenancy can also cover condensation-related damp and mould where there is no single fault to identify.

According to Mr Zitron, this fitness standard now decides most difficult cases, rather than Section 11.

Evidence for landlord defences

A tenant’s breach of their obligations can provide a defence where it is wholly or mainly responsible for the disrepair, Mr Zitron explains.

That defence needs supporting evidence, such as an inspection showing adequate ventilation, heating and insulation, with no water penetration.

Without those findings, a tenant’s photographs of mould, blistered plaster and damaged possessions are likely to be compelling in court, he says.

That means landlords should record inspections properly and commission further investigations if the root cause remains unclear, rather than relying on a mould wash that treats only the visible symptoms.