Following the 2020 death of a two year old caused by chronic exposure to mould in the flat that his family rented from a social housing provider, the government has published updated guidance on damp and mould standards in rented accommodation.

The government has set out the following five key legal standards in relation to damp and mould in rented homes:

• All homes must be free from ‘category 1’ hazards. This is a hazard that causes an occupier or visitor to the property to require medical attention over a period of one year. ‘Category 1’ hazards encompass all types of mould and damp.  
• Homes must not be in a condition that is harmful to health.
• Homes must be fit to live in.  
• Social housing must meet the Decent Homes Standards.
• Privately rented homes must meet the minimum energy efficiency standards.

Landlords should be encouraged to take steps to ensure that the risk of damp and mould in properties is reduced and to be pro-active in carrying out inspections and maintenance at the property to try to resolve any issues as soon as possible. Landlords who have concerns about arranging access to the property should be comforted by the fact that they should have a right to enter properties for these purposes. However, landlords are reminded that they should ensure that these inspections are carried out in compliance with the terms of the tenancy agreement or the relevant statutory provisions.

This guidance is a useful reminder of the standards that rented accommodation must meet. Where landlords fail to meet these standards they can be subjected to penalties such as a £30,000 fine,  court action by their tenants, or receiving a compliance notice from their local council.