Forum Spotlight – Can you tell tenants that mould caused by their lifestyle is their responsibility?
Our members-only forum on our website is a great place for you to seek advice and share experiences.
This month, we look at a query about whether you could issue an addendum to an Assured Periodic Tenancy (APT), informing all new tenants that any mould growth in their room caused by their own lifestyle, such as drying clothes indoors, would not be the landlord's responsibility.
What did other landlords say?
The response from fellow members was clear: while the frustration behind the question is understandable, writing this kind of clause into the tenancy agreement isn't the way forward, and could cause more problems than it solves.
Our members pointed out that standard tenancy agreements already include a clause requiring tenants to look after the property sensibly and avoid causing damage through neglect, which includes things like ventilating rooms properly and not persistently drying clothes indoors without any airflow. This existing clause already covers the kind of behaviour the member was trying to address, so a bespoke mould clause isn't needed.
Some of you also stressed the importance of maintaining clear communication between landlord and tenant and having regular inspections of the property.
The advice from our Landlord Support team
It is always a good idea to provide helpful information to tenants that helps them prevent condensation in the property. The NRLA provides a factsheet on this you can give to tenants.
However, ultimately, it is the landlord's responsibility to ensure the property is fit for human habitation. Damp and mould in the property can be a serious hazard that could put the tenant's life or health at risk, and mean the property is unfit for living in.
Landlords also have a legal responsibility to ensure the property is kept in a good state of repair. Often damp or mould can be a sign of disrepair or a structural issue with the property so it's important that the landlord investigates thoroughly when damp is reported.
These are legal obligations that cannot be contracted out of, so landlords should focus on preventing damp and mould growth in the property. This means regular inspections, clear guidance for tenants on ventilation and heating, and prompt action at the first sign of a problem.
If mould does develop and you believe it's tenant-caused, keep detailed records, as you'd need solid evidence to rely on a discretionary Section 8 ground.
One way you can keep detailed records is the use of moisture monitoring sensors, otherwise known as climate monitoring. We have partnered with Climaid where you can purchase an indoor sensor and monitoring subscription, with alerts sent directly to you.
