Damp and Mould Policy

Damp and Mould are classified as a Hazard under the Housing Health and Safety Rating Scheme (HHSRS) 2006. Damp and Mould can cause breathing difficulties,  asthma, rhinitis and the condition is often linked to depression and anxiety.

The Homes (Fitness for Human Habitation) Act 2018 amended the Landlord and Tenant Act 1985, with the aim of ensuring that all rented accommodation is fit or human habitation. While it did not create new obligations for landlords, it required landlords to ensure their properties are fit for human habitation at the  beginning of, and throughout, the tenancy. The Landlord and Tenant Act does not define "fit for human habitation", but in considering whether a property is "fit for human habitation" consideration should be given to repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, facilities for preparation and cooking of food, the disposal of wastewater and any other prescribed hazard.

The Homes (Fitness for Human Habitation) Act 2018 also strengthened tenants' means of redress where landlords do not fulfil their obligations, with the  expectation that if tenants are empowered to take action against their landlord, standards will improve. The Act gives the tenant the right to take their landlord to court if they consider their home is not fit.

Clause 42 of the Social Housing (Regulation) Act 2023 (known otherwise as Awaab's law) inserts into social housing tenancy agreements an implied term that  requires social housing landlords to comply with new requirements to be detailed in secondary legislation. This secondary legislation will require social housing landlords to repair certain hazards (including mould and damp) within prescribed timescales. If a social housing landlord fails to meet these prescribed  timescales, then tenants will be able to act against the landlord for breach of contract. This is a further strengthening of regulatory requirements by including timescales, the Fitness for Human Habitation Act 2018, used "within reasonable timescales" for completion of work. 

This policy has been updated to reflect clause 42 of the Social Housing (Regulation) Act 2023 and has been revised to reflect the timescales set out in that legislation for inspections and works to be completed.

The Policy sets out the Council's intentions to ensure that the Council provides a reactive and responsive role where damp and mould is identified, a proactive  role to prevent damp and mould occurring and an empathetic service to residents who report damp and mould in their homes. 

Overarching Approach

1. The Council will adopt a zero-tolerance approach to damp and mould interventions
2. The Council will identify opportunities for extending the scope of their diagnosis within buildings, for example by examining neighbouring properties, to  ensure the response early on is as effective as possible
3. The Council will follow a data driven, risk-based approach with respect to damp and mould. This will reduce over reliance on residents to report issues and enable the Council to identify hidden issues.
4. The Council will appoint a member of staff as a single point of contact (SPOC) for each damp and mould case.
5. Hazards can be defined as "significant" through guidelines set out by the government, which considers issues such as the severity of the problem  alongside the age and vulnerability of the tenants. Notably, defining a risk as "significant" to health will not require a doctor's note.
6. Where properties are identified for future disposal or are within an area marked for regeneration, we will ensure that residents do not receive a poorer standard of service or lower living conditions, that steps are taken to avoid homes degrading to an unacceptable condition and that they regularly engage and communicate with these residents.
7. The Council will avoid taking actions that solely place the onus on the resident. The Council will evaluate what mitigations they can put in place to  support residents in cases where structural interventions are not appropriate to ensure that we are taking all reasonable steps to address issues of damp and mould and prevent re-occurrence.
8. Together with residents, the Council will review the information, materials and support provided to residents to ensure that these strike the right tone and are effective in helping residents to avoid damp and mould in their properties.
9. The Council will be more transparent with residents involved in mutual exchanges and make the most of every opportunity to identify and address damp and mould, including supporting residents who have mutually exchanged into properties if damp and mould issues occur.
10. The Council will review, alongside residents, the initial response to reports of damp and mould to ensure we avoid automatically apportioning blame or using language that leaves residents feeling blamed.
11. The Council will ensure that there is effective record keeping and that data and information is sufficiently accurate and robust.
12. The Council will review the number of missed appointments in relation to damp and mould cases and, depending on the outcome of any review, consider what steps may be required to reduce them.
13. We will ensure that staff and/or contractors have the ability to identify and report early signs of damp and mould.
14. The Council will take steps to identify and resolve any skills gaps they may have, ensuring their staff and contractors have appropriate expertise to properly identify, diagnose and respond to reports of damp and mould.
15. The Council will clearly and regularly communicate with residents regarding actions taken or otherwise to resolve reports of damp and mould.
16. The Council will review and update any associated processes and policies accordingly.
17. The Council will ensure there is effective internal communication between teams and departments on damp and mould including follow up and/or aftercare.
18. All newly let properties will be offered free from damp and mould.
19. The Council will ensure that we treat residents reporting damp and mould with respect and empathy.

The Policy has been developed in context of the following statutory guidelines:

• A Decent Home - Definition and Guidance for Implementation 2006
• Housing, Health and Safety Rating System 2006
• Homes (Fitness for Human Habitation) Act 2018
• October 2021, Housing Ombudsman published a spotlight report on Damp and Mould
• Social Housing (Regulation) Act 2023
• Health and Safety at Work Act

All Damp and Mould referrals will be recorded as a specific categorised repair and will be prioritised using the HHSRS 2006 legislation. Each referral will be recorded and tracked to a successful completion. The following are the resident service standards and performance measures to evidence successful delivery of the Policy. Each of the KPI's will be recorded, measured, monitored and reported in monthly monitoring meetings.

• survey appointment (Investigation) within 14 calendar days of the call from resident or a staff member reporting damp/mould in a property
• following survey, a damp report will be shared with the resident and delivery contractors within 7 calendar days of the survey.
• reports will state if the risk is low, medium and high and the timescale for works to be completed
• the delivery timescales are triggered by the report date and works will be completed withi "Working or Calendar days" as defined by the HHSRS risk rating.
• high Risk HHSRS 1 rating A-C works complete within 7 calendar days
  • works undertaken in this period may be interim works to reduce the risk pending further works which require more time to be completed
• medium Risk HHSRS 2 D-G works complete with 14 working days
• low Risk HHSRS 2 H-J works completed within 25 working days
• if the identified works will take longer to achieve than the above times scales, control measures to mitigate risk (e.g. mould washes, temporary repairs etc) and will need to be continually completed within those periods until the works are complete.

Emergency repairs must be completed within 24 hours:

• within 7 calendar days of agreed works being completed, a post works inspection will be completed by the SPOC, with agreed sign off with the resident
• where extensive works may be required, the Council will consider the individual circumstances of the household, including any vulnerabilities, and whether it is appropriate to move resident(s) out of their home at an early stage, any such moves will be carried out in accordance with the Decant Policy

4a. Complex cases where diagnosis is more challenging:

• the Council will ensure that we identify complex cases at an early stage and have a strateg for keeping residents informed and that we identify effective resolutions to complex cases
• where the council has identified the need to carry out periods of climatic monitoring within the property, these results will be shared with the resident
• the Council will share the outcomes of all surveys and inspections with residents to help them understand the findings and be clear on next steps

4b. Completion and ongoing monitoring:

• 1 month after the works are completed, an aftercare visit will be undertaken to ensure that the damp or mould issue is resolved.
• 6 months after the works are complete an aftercare telephone call will be made to ensure the damp and mould issues have been resolved. Should the resident raise any concerns that the issues are not resolved, a further inspection will be carried out.
• 12 months after the works are complete an aftercare telephone call will be made to ensure the damp and mould issues have been resolved. Should the resident raise any concerns that the issues are not resolved, a further inspection will be carried out
• the Council will also undertake specific tenant satisfaction reporting around damp and mould once repairs have been completed.

The policy will be monitored and review on a 5 yearly basis or in response to a change in regulatory guidance or legislation.