Clause 42 of the Social Housing (Regulation) Act 2023 has been renamed Awaab’s Law and will be rolled out into the PRS (Private Rental Sector) this year.

What this means is that as landlords we must make sure that the property our residents live in has adequate ventilation. Therefore, we must not jump to the conclusion that mould growth is totally down to lifestyle without investigating and dealing with the causes. Over the last few months, it has been very wet. We have therefore seen an increase in the number of queries coming from residents. As Awaab’s law is quite specific on what must be done if mould is found. We have now devised a Mould Cause Assessment Report which reviews the issue and records what has been carried out.

It looks at:

• The scale and urgency of the issue
• What ventilation extraction is in place
• Faults within the building
• The degree to which lifestyle is an issue

Why have we done this?

At a recent conference on mould the chief environmental officer from Rochdale (the council covering the home that Awaab lived in) pointed out the main failure of everyone who visited the property was a lack of empathy for the situation the family found themselves in. Therefore, it is vitally important that we can show what has been done should there be an issue in the future. Landlords have a legal obligation to provide tenants with a safe and habitable living environment. The Homes (Fitness for Human Habitation) Act 2020 mandates that rental properties must be free from hazards, including mould. Failure to address these issues can lead to legal action, financial penalties, and reputational damage.

Understanding Mould

Mould arises from excess moisture within a property, leading to spores growing on walls, ceilings, and other surfaces. Common sources include condensation from daily activities like cooking and bathing, structural defects allowing water ingress, inadequate ventilation, and poor insulation. Left unaddressed, mould can cause significant property damage and pose serious health risks to occupants.

Health implications

Exposure to mould spores can lead to various health issues, including respiratory problems, allergies, and skin irritations. Vulnerable groups such as children, the elderly, and individuals with pre-existing health conditions are particularly at risk.

Prolonged exposure may exacerbate asthma symptoms and has been linked to more severe respiratory conditions.

Preventative measures

1. Adequate ventilation: Ensure that properties are equipped with functional extractor fans in kitchens and bathrooms. Make sure that the extractor in the bathroom is wired into the light so it can’t be turned off.
2. Effective heating: Maintain a consistent indoor temperature to reduce condensation. Advise tenants on the importance of using heating systems appropriately to prevent dampness.
3. Insulation and Repairs: make sure that you have adequate insulation. This helps to maintain indoor temperatures and prevents condensation. Promptly address structural defects such as leaks, faulty gutters, or cracks that could allow moisture ingress.
4. Resident Communication: Educate your resident about the causes of damp and mould and provide guidance on best practices to minimise moisture, such as avoiding indoor drying of clothes and covering pans when cooking.

What do you need to do if mould is present

• Assessment: Identify the underlying cause, whether it’s a structural defect, lifestyle factor, or a combination of both. Under Awaab’s Law you will have 14 working days to do this.
• Resident education: once you have checked for any defects and are absolutely sure the home is sound. Have a record of what the cause is and how it needs to be managed.