What should you do about black mould in a rental property?

Mould in a home is every dweller’s nightmare. Where is it coming from? Is there more yet to be discovered? What’s causing it and will it get worse?

Mould can be extremely dangerous – black mould even more so. It’s incredibly important that a landlord is aware of their responsibilities when it comes to dealing with any kind of mould.

In this article, we explain what black mould is, what causes black mould in a rental property and what a landlord should do about it.

What is black mould in a rental property?

As the name suggests, black mould is a type of mould (fungus) that looks dark green or black. In the worst cases, it can sometimes look slimy. This type of black mould is referred to as ‘toxic black mould’. Black mould spreads in damp places on materials such as paper, wood, and drywall. Unfortunately, it can be common in homes under the right conditions.

When mould grows in a property, mould spores are released into the atmosphere. Long-term exposure can cause respiratory illnesses, allergies and asthma. In the worst cases, living in a mouldy property can be fatal.

What causes black mould in a rental property?

Black mould is predominantly caused by condensation. Condensation is usually the result of poor ventilation, usually from not opening windows to allow moist air to escape. With that in mind, it’s most commonly found in parts of the home that receive high moisture levels such as bathrooms, kitchens and around windows.

Older and poorly insulated properties are more prone to mould and black mould. Structural problems can cause black mould such as:

• Rising damp
• Penetrating damp
• Leaking pipes
• Loose roof tiles
• Blocked gutters
• Faulty extractor fans
• Rotten doors and windows.

Black mould can also develop when the heating system is inadequate or not used often enough.

Is black mould on walls a landlord’s responsibility?

The question of whether black mould on walls is a landlord’s responsibility depends on the root cause of the mould. If it is caused by structural leakage and poor insulation then yes, it is the landlord’s responsibility to fix it. This is detailed under section 11 of the Landlord and Tenant Act 1985.

In some cases, mould could be caused by the tenant. This, of course, shifts the responsibility. Mould could be caused by drying clothes inside, consistently showering with the windows closed and no extractor fan and not heating the property sufficiently. If the tenant could have prevented the build-up of black mould by ventilating the property more effectively, they should shoulder the responsibility.

It can be really tricky to determine who’s at fault when it comes to mould. As a landlord, look out for potential mould risks when carrying out your regular property inspections. Mould doesn’t grow overnight, so if you keep a close eye on the property during inspections then you might be able to pick up on some tell-tale signs. Is your tenant consistently doing things that could cause mould to build up? If so, make a note and advise them otherwise.

In either case, as a landlord, you should take the reigns and fix the issue no matter who is at fault. You have a legal obligation to deal with damp and mould under the Housing Health and Safety Rating System (HHSRS). If you can prove that the mould was caused by your tenant’s actions, then you may be able to charge them for the repairs.

How to tackle black mould in a rental property

If a tenant reports black mould, they should alert you straight away. You then have 14 days to respond. If you don’t respond within the 14-day timeframe, your tenant could get the local authority involved who can then force the issue through.

Arrange an inspection as soon as the issue has been reported to determine the cause of the black mould. From there, ensure that repairs are made.

You may need to enlist the help of a professional to properly resolve the issue and ensure that the mould doesn’t keep recurring. Alongside this, you may also need to repair any damaged plaster or flooring and redecorate affected areas.

If the issue is caused by poor ventilation, perhaps you could install a better extractor fan in the kitchen and/or bathroom or supply your tenant with a dehumidifier.

Black mould and Labour’s new Renters’ Rights Bill

The King’s Speech on 17 July 2024 revealed a new Renters’ Rights Bill which set out the new Labour Government’s priorities for the months ahead. A key component of this bill is to extend Awaab’s Law into the private rented sector.

Read the Government’s Guide to the Renters’ Right Bill.

Awwab’s Law

Back in 2020, two-year-old Awaab Ishak tragically died as a result of mould in his family’s rented flat, which was not adequately addressed by the landlord, despite complaints. Since then, Awaab’s Law was promised.

This law aimed to force social housing landlords in England to quickly fix mouldy properties. The law was not introduced under the previous Conservative government, but Labour intend to change this, making these requirements compulsory for both social and private landlords.

Awaab’s Law will set clear legal expectations about the following:

• Timeframes for repairs – timeframes will be set for landlords to respond to and resolve issues relating to mould and damp
• Increased accountability – landlords will be held legally accountable for failing to maintain healthy living conditions, with potential penalties for negligence
• Tenant protections – tenants will be empowered to report issues without fear of reprisal
• Guidelines for inspections – standards and protocols will be established for regular inspections to prevent future tragedies.

Black mould – and mould in general – is not something to be taken lightly. Now more than ever, the government and renter’s rights initiatives are cracking down on the issue to ensure that rented homes across the country are safe under the Fitness For Human Habitation Act 2018.

Alongside doing all you can to protect your property and your tenants from black mould, ensure that you are protected with landlord insurance. Whilst landlord insurance can’t protect you from mould, it can protect you from a myriad of other unexpected events that UK landlords are commonly faced with – from malicious damage caused by tenants to loss of rent.

Get a quote online today or request a callback. Alternatively, you can contact us via our website or give us a call on 01788 818 670.