Legal Standards on Damp and Mould 
Both private and social landlords have a fundamental obligation to ensure that the properties they let meet specific legal standards designed to safeguard the health, safety, and well-being of tenants. Adherence to these legal requirements is crucial not only for the protection of tenants but also to prevent legal disputes and penalties for non-compliance. A range of legislation and regulations outlines the minimum standards that must be met by landlords. Some of the most important of these include:
The Housing Act 2004
The Act introduced the Housing Health and Safety Rating System (HHSRS), which assesses the condition of a property in terms of its potential risks to the health and safety of tenants. Landlords must ensure that their properties meet basic health and safety standards, and if a property is found to pose serious risks, the local council may take enforcement action. The Act also introduced the regime for licensing houses in multiple occupation (HMOs) and set standards for these types of rental properties, making it illegal to rent out unlicensed HMO.
The Landlord and Tenant Act 1985 ("LTA")
The LTA requires landlords to ensure that rented properties are maintained in good repair and that they are fit for habitation. It sets out statutory obligations for landlords to make necessary repairs, including those related to the structure, plumbing, heating and electrical systems of the property. The Act also includes provisions for how rent should be paid and how rental agreements can be terminated.
The Homes (Fitness for Human Habitation) Act 2018
This Act ensures that properties are kept in a state that is free from serious hazards and are habitable. It sets out that the property must be safe, secure, and free from factors that would endanger the health or well-being of tenants.
The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015
These Regulations require landlords to ensure that their rental properties meet a minimum energy performance standard. Specifically, properties must have an Energy Performance Certificate (EPC) rating of E or above, unless they are exempt. If a landlord's property fails below the required standard, they carry out the necessary improvements or face financial penalties. The regulations also set out obligations for landlords to provide information to tenants regarding the energy performance of the property.
The Decent Homes Standard
The Decent Homes Standard is a set out guidelines originally introduced by the government for social housing providers but residential landlords should be aware as this will be progressed into the private rented sector. The Standard is designed to ensure that homes are safe, warm, and in good condition.
Failure to comply with these various legal standards can result in a range of penalties, from financial fines to criminal prosecution in severe cases.