Understanding damp, mould and condensation: how to avoid end of tenancy deposit deductions
In this article, Resolution Department Lead at mydeposits, Suzy Hershman, offers advice on how to avoid the need for formal resolution at the end of the tenancy due to damp, mould and condensation.
Although the landlord is legally responsible for making sure that a rental property is safe and remains in good condition throughout the tenancy, tenants have their own responsibility to take reasonable steps to look after the property while they are living there.
If the property does suffer damage during the tenancy and the landlord has evidence to prove that it was caused or made worse by the tenant’s actions (or lack of action), the landlord may be able to retain part of the deposit when the tenant leaves. So it’s important for tenants to take care of their rented home and always report in writing (ideally an email which will be time and date stamped) any problems with the condition of the property – including the fixtures and services – as soon as they notice them, with the aim of resolving them at the time and avoiding the need for formal resolution at the end.
As the landlord or managing agent, you have a duty of care to respond to the tenant in a reasonable time with a plan. Of course, if you are an agent you may need to contact your landlord, but always keep the tenant informed at reasonable intervals.
Protect your deposit today
If you have taken a cash deposit, you must protect it in a government authorised scheme within 30 calendar days
The three types of damp
Damp and mould fall into three categories, each with a different cause. The first two are very much the landlord’s responsibility to fix: rising damp and penetrating damp.
With rising damp, moisture is seeping into the property from the ground, so it only generally affects basements and rooms on the ground floor, creating damp patches up to a height of around one metre. In this case, the landlord needs to have this professionally diagnosed and may need a new damp proof course installed.
Penetrating damp is where water gets into the property from outside due to maintenance issues, such as cracks in the roof tiles or brickwork and blocked or broken guttering causing rainwater to run down the outside of the walls.
With rising and penetrating damp, mould can start to grow and may spread behind wallpaper and tiles, so the tenant may not even know it’s there until there’s a sign of a growing problem. That’s why it’s important that tenants know to report any sign of damp immediately, in writing to the landlord or the managing agent.
In contrast, the third type of damp, condensation, is the result of moisture created through tenants’ everyday activities – including showering, cooking and drying clothes – being unable to escape from the property. When this damp, warm air meets a cold surface, it settles and condenses into water.
If left, it will attract mould spores and mildew will form, so it’s important that tenants know how to deal with this when it happens and take all the steps they can to ventilate the property well to prevent any damage. This might mean using fans you have fitted, or simply opening windows to air the property.
Government guide toance on damp and mould
In September 2023, the Government published comprehensive guidance on damp and mould in homes. The guidance explicitly saytates that tenants should not be blamed for damp and mould and that it is the landlord’s responsibility to identify and address the underlying causes of the problem, whether these are structural or due to something like inadequate ventilation.
The guidance saystates that landlords must treat cases of damp and mould with the utmost seriousness and act promptly to protect their tenants’ health. It also provides advice with examples of best practice to help reduce the health risks and how to respond to reports of damp and mould, to take: a proactive approach to reducing the risk of damp and mould.
Responding to the guidance, Sean Hooker, Head of Redress at the Property Redress Scheme, also powered by Total Property, said:
“It is no longer acceptable to blame issues on the way tenants live, as normal life such as cooking, washing and drying of laundry have to continue. Instead, landlords and their agents must be sensitive to the needs of tenants and work with them to understand and change behaviour where appropriate. They should also thoroughly investigate the underlying causes behind the problems and follow up to make sure things have improved.”
Sean Hooker, Head of Redress at the Property Redress Scheme
Case study: over mould
This case highlights the importance of reporting issues as soon as the tenant notices them, and also of ventilating your rental property. You can read the full version of this case study here.
At the end of a tenancy, the check-out report recorded mould spots all over the bathroom ceiling and large patches of mould in the bedroom. The landlord requested £550 from the £1,200 deposit, to cover removing mould and towards the redecoration cost.
The tenant said that:
- there was mould in the bathroom at the start of the tenancy which got worse because the extractor fan did not work
- mould started showing in the bedroom a few months into the tenancy, which was reported to the agent but there was no response
- they did their best to ventilate the property and remove the mould, but it kept coming back
The managing agent’s response was:
- while the landlord was aware of some mould in the bathroom, it got significantly worse while the tenant lived there, so they would like a contribution towards removing the mould and re-painting
- there is no record of the tenant reporting mould in the bedroom, which was only discovered at the pre-checkout inspection
- the decorator said that the mould in the bedroom appeared to have been caused by a lack of ventilation and not allowing airflow between items of furniture and the walls
The adjudicator decided that:
- the check-in report noted mould spots on the right-hand side of the bathroom ceiling at the start of the tenancy, with the décor in all other areas recorded as being in good condition. The bathroom extractor fan was ‘not tested’
- the tenant was not responsible for the mould spread in the bathroom. Although the evidence showed that the ceiling was left in a worse condition, mould was there at the start of the tenancy and mid-term property visits reported the slow spread of the spots, yet no work was ever carried out by the landlord to address the problem
- the landlord was awarded 30% of the cost of redecorating the bedroom for two key reasons:
(1) the tenant was responsible for not reporting the issue and (2) the lack of ventilation, combined with the furniture being pushed too close to the wall, had exacerbated the problem.
Could the problem have been avoided?
If the tenant had taken the following steps, the adjudicator would be unlikely to have awarded any of their deposit to the landlord:
- Asked at check-in that the mould in the bathroom be investigated and resolved
- Requested that the extractor fan was fixed as soon as they realised it wasn’t working
- Taken a photograph of the mould in the bedroom and reported the problem to the agent in writing and then followed it up when they didn’t get a response
- Made sure that the bedroom and bathroom were properly ventilated
- Reported any additional mould growth in writing
Protect your deposit today
If you have taken a cash deposit, you must protect it in a government authorised scheme within 30 calendar days
Top tips for keeping your property free from condensation and mildew
Ventilation is key to keeping condensation to a minimum, through a combination of using extractor fans (where the landlord has installed them), and tenants opening windows to allow air to circulate. Although during the winter tenants might be reluctant to open the windows and let any heat out, it’s important that they still make every effort to ventilate rooms where condensation is likely to accumulate.
We’d suggest that in the kitchen and bathroom, for example, you advise tenants to follow these steps:
- Keep the door closed while cooking/washing so that the excess moisture doesn’t spread around the whole house
- Use the extractor fan and/or open a window to let the steam escape
- When cooking, use lids on saucepans to contain the steam
- Close the door again after using the room and leave it to ventilate for a short while
- Close the window and leave the door ajar so it can slowly warm up again, without a rush of cold air flooding into the rest of the property
Around the property:
- When condensation forms on windows, it can run down and collect on the windowsill – make sure to wipe this away so it doesn’t attract mould spores
- Avoid drying wet clothes on radiators and keep the space around them clear so the warm air can circulate properly
- Make sure any room used for hanging out laundry is well ventilated
- Keep the thermostat at a minimum of 15°C in very cold weather – not only will this help reduce condensation levels in the property, but it will also protect the pipework from freezing
Total Landlord, also powered by Total Property, have created a damp and mould tenant checklist, which you can share with your tenants to help them understand how to recognise the different types of damp and mould, and what to do if they find it in your rental home.
By taking the steps above, carrying out regular mid-term inspections and making sure your tenants know to report any signs of damp and mould immediately, in writing, you will be doing all you can to avoid a formal resolution over repair costs at the end of the tenancy.
For more information on damp, mould and condensation in rental properties, listen to Total Landlord’s podcast for landlords and agents on this topic, with advice from Julie Ford, Adviser at HF Assist and Suzy Hershman, Resolution Department Lead at mydeposits. You can also read Total Landlord’s ultimate guide to identifying and preventing damp, mould and condensation in your rental property.
You may also be interested in reading a Property Redress Scheme case study on the topic of mould due to an agent’s lack of managing the property, which highlights the need for regular inspections during the tenancy, and for agents to respond in a timely manner to communications between landlords and agents.