It’s not lifestyle
In October 2021, and following a spate of bad publicity in the press, the Housing Ombudsman Service released a paper titled “Damp & Mould: It’s not lifestyle.’ The intention was to send a clear message to registered housing providers that they could no longer blame condensation damp on tenant ‘lifestyle’ choices. A number of housing providers were found guilty of maladministration due to their poor handling of tenant complaints relating to damp and mould.
To my mind this was long overdue and even in a blog I wrote in 2015, I closed with the following comment, “Our own pragmatic view formed on the back of hundreds of damp surveys and numerous expert witness cases is that occupants cause humidity but buildings cause condensation.”
You can revisit that blog here: http://buildingdefectanalysis.co.uk/damp/the-condensation-trap/
Lifestyle Dogma
For many years I have seen many landlords deflect responsibility for damp and mould in their properties by responding with the classic default response, which is that condensation damp is primarily caused by tenant lifestyle choices. They are boiling pans, bathing, drying washing indoors, and god forbid, even breathing; all activities, which of course, generate humidity. As I constantly say, humidity and condensation are two very different things, and high humidity levels do not necessarily lead to issues of cold surface condensation. Despite these comments, for decades, many landlords have had a stock response which generally advises tenants to take some or all of the following actions:
- Put lids on pans when cooking
- Turn up the heating
- Open windows
- Don’t dry washing indoors
- Move furniture away from walls to improve air circulation
- Ensure spaces are left between clothing items in the wardrobe
Any of these advisory items sound familiar? Of course these advisories have little or no positive impact and these issues often drag on for many months or even years, because the underlying technical issues are not placed as primary considerations.
Tenant told for 6 Years that it was her Lifestyle
A few years back I addressed a case in Birmingham, where a tenant had suffered from damp & mould for 6 years. Her personal belongings were damaged by mould, and yet over a 6 year period, her landlord told her that it was caused by her lifestyle choices. Action was finally taken by the landlord when the tenant chose to get a solicitor involved. I investigated this issue and on attending noted substantial mould and damp in the property. However, it was clear to me that the property was affected by flood damage and the tenant was immediately decanted to another property.
In fact, I found that the shower tray waste was not even connected, and over a six year period, the floor below the shower tray was saturated every time the tenant took a shower. Of course this led to condensation and mould due to saturated building fabric losing moisture by evaporation, which drove up internal humidity levels.
This was not a difficult problem to investigate, yet the dogma was so deeply ingrained that ‘mould equals lifestyle’ and the landlord failed to take reasonable or timely action to properly investigate this issue.
Housing Ombudsman Guidance
The Housing Ombudsman paper has already caused something of a panic amongst registered housing providers, because it provides a clear table of actions which need to be taken by registered providers, these include:
- Landlords adopting a zero tolerance approach to damp and mould.
- Writing a clear damp policy or framework covering landlords approach to complaint management and damp diagnosis.
- Identify what diagnostic skills are required in-house, and where external independent expertise is needed.
- Ensure staff have the ability and tools to carry out damp diagnosis
- Banishing the word ‘lifestyle’ from the vernacular.
In fact, the paper contains a total of 26 recommendations and has understandably caused a stir of activity. I am currently engaged in a project for a large Registered Provider in the Northwest, to assess how they currently perform in responding to damp complaints, and to assess what actions need to be taken in order to comply with Housing Ombudsman guidance. This is one of the more pro-active RP’s, and in fact I’ve already trained staff there on two occasions, also ensuring that their employer provides the right tools and diagnostic equipment to ensure technical staff are competent in this area.
I’ve been training housing staff in damp investigation for many years, and of course have also seen a significant increase in the number of damp training courses booked, since this paper was released. Historically, the most interesting part of any training session for me, is witnessing the change in stubborn ingrained belief systems, relating to the causes of condensation damp and mould.
Other Legislation
You may not have heard of the Housing Ombudsman, but their paper is of major significance because it is mandatory for all local authorities and registered social housing providers to be members of the Ombudsman Scheme. They also have several private landlords and letting agents who have joined voluntarily.
For those landlords not signed up to the scheme, other legislation exists relevant to tenants being provided with accommodation that is free from damp and mould. In particular, the Homes (Fitness for Human Habitation) Act 2018; legislation designed to ensure that Landlords rent out properties that are secure, safe, warm and dry. If rented houses and flats are not ‘fit for human habitation’, tenants can take their landlords to court. The court can make the landlord carry out repairs or put right health and safety problems. The court can also make the landlord pay compensation to the tenant.
Unfortunately, as I write this, even a cursory examination of damp and mould guidance, provided to tenants by registered housing providers, shows that many are still placing the blame and responsibility for condensation damp and mould on tenants and I can only echo the Housing Ombudsman’s view, a view formed from many years of investigating these problems… ‘It’s not lifestyle.’
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