#AskTDS: “Mould during tenancy, who is responsible?”

Mould is an unfortunate problem that many landlords and tenants will find themselves dealing with over the years. Here are some methods you can use to both remove and prevent mould.

Who is responsible for mould during a tenancy?

Tenants have a duty of care to promptly alert landlords to any areas of concern that may need repairing or replacing, such as when mould starts to appear, but who is responsible for the mould during the tenancy?

Typically, the response we usually see is that landlords are responsible when there is a fault with the building that has caused the mould, for example a leaky pipe. Tenants would have responsibility for housekeeping and if the mould develops during their tenancy i.e. was not present at the beginning of the tenancy and was not as the result of a fault with the property, it may be down to lifestyle.

However, this is not always the case, and every case should be considered based on the evidence provided. #AskTDS blogs are written as a guide, not as an absolute. You should seek legal advice if you wish to know the likelihood of result in your individual case.

What causes mould in a property?

Mould often occurs due to a lack of ventilation and/or circulation of air. The release of excess moisture, from drying clothes for example, and tightly sealed windows and doors can be an ideal environment for mould to develop. It can also occur due to a building defect, and it can be challenging for an adjudicator to decide if there is not enough evidence to support either party’s assertion.

Can I withhold rent because of mould?

For tenants experiencing a problem with mould in their home, unilaterally withholding rent is not recommended. TDS are unable to consider such situations which may involve counterclaims. If you feel that the landlord has breached their obligations under the tenancy agreement, you should seek some independent legal advice to help.

In adjudication TDS will not consider any ‘set-off’ issues such as a deduction of legally due rent. The adjudicator will look to see if the tenant has breached their obligations under the tenancy agreement, and if the landlord has suffered a loss due to that breach.

If you are still in the property, rather than withholding some or all the rent, you could liaise with the landlord to rectify any issue and failing that you could contact your local council and ask them to inspect the property. To give some more detail here’s a link to Shelter’s helpful guide on how health and safety standards are classified for rented homes.

If mould appears during a tenancy, without expert evidence, it may prove difficult to show that it was caused by a building defect or a lack of ventilation.  Should the tenancy end while the mould remains, the tenants may find the landlord claiming money from their deposit to rectify the damage. In cases where tenants have withheld rent, they should be aware that this leaves them open to rent arrears claims as well.

For more helpful tips and guidance, visit our tenant FAQs page.