I’m forced to keep my heating on to beat mould and damp by a loophole in my tenancy contract – your rights explained
THOUSANDS of renters are facing shock energy bills this winter due damp, mouldy and badly insulated homes.
Some landlords are pushing their tenants to keep heating on in a bid to avoid paying for expensive property upgrades that could prevent mould, industry experts warn.
Dan Wilson Craw from charity Generation Rent said: “Every winter, like clockwork, we hear from renters whose landlord has made unreasonable demands in the name of combating mould.
“It is too common for landlords to blame mould on their tenants’ behaviour and deny that it may be their responsibility.”
This week Ellie Smitherman investigates how mould contract clauses are affecting renters – and explains your rights.
CATCH IN CONTRACTS
CAUSES of mould in homes include poor insulation, a lack of ventilation and damage to roofs and walls that can let moisture into the property.
John Gallagher, legal expert at housing charity Shelter, said: “Landlords often say that tenants should keep the heating on as much as possible and/or keep the windows open to prevent condensation damp, which leads to mould developing.
“But if their rental property is adequately insulated and ventilated (such as with extractor fans and window vents) it should not require anything more than an average household level of heating to combat condensation.
“It’s often a lack of insulation and proper ventilation that is the real problem.”
Private landlords are allowed to put clauses in contracts asking tenants to heat their homes for a certain amount of time each day.
Just over 4.6million households in England, around one in five, are privately renting, while four million people live in social housing.
In 2020/21, 1,993 complaints about leaks, damp and mould in social housing were made to the Housing Ombudsman. The following year, this had jumped to 3,530.
Last week, the Government announced a review of landlord guidance on the health risks of damp and mould — following the death in 2020 of Awaab Ishak, two, from a respiratory condition caused by mould in the housing association flat in Rochdale where he and his parents lived.
Ministers also criticised access for private renters to the Housing Ombudsman, and housing association policies which mean that tenants’ complaints have to be settled before fixing repairs.
UNFAIR ENERGY BILLS
RENTERS tend to pay more to heat their homes due to poor energy-efficiency levels.
Two-thirds of privately rented homes do not meet the Government’s energy-efficiency targets, according to climate change think tank E3G.
Poorly insulated homes, with a band F rating on the Energy Performance Certificate (EPC), cost £1,000 more to heat a year than a property with a govern-ment target band of C, according to the Energy and Climate Intelligence Unit.
This means some renters cannot afford to pay for heating bills, which in turn leads to damp and mould problems worsening.
Peter Smith, from fuel poverty charity National Energy Action, said: “Many tenants have no choice but to keep the heating off altogether, which isn’t just ruinous to their own health but also leaves properties in a dreadful state of disrepair.
“We know energy efficiency improvements can not only reduce energy bills but also help reduce void periods, rent arrears and other repair costs faced by landlords.”
RENTERS’ RIGHTS
LANDLORDS have a responsibility to fix mould and damp if it makes a property unsafe to live in.
Amy Hughes, from Citizens Advice, said: “They have to act if it’s making the tenant or a member of their family ill, or if parts of the home can’t be used.
“The landlord will also be responsible if the damp is related to repairs they should have carried out, like if the heating doesn’t work.”
The landlord’s responsibility starts when they are made aware of the problem, so it’s important that tenants let their landlord know as soon as possible.
If you feel your landlord is not taking reasonable steps to keep the property mould-free or if you feel their heating and ventilation demands on you are excessive, you should attempt to speak to them about it.
You could ask them to provide a dehumidifier as a way to combat the issue.
If your landlord does not take action, you can report them to the local authority or take them to court.
If you are a social tenant or your landlord is a member of a voluntary scheme then you can complain to the Housing Ombudsman.
You may be entitled to compensation if they fail to carry out repair work within a reasonable time.
If you do decide to take your landlord to court then you need to be prepared to pay for the relevant fees.
You’ll only get some of your costs back if you win your case and there is always a risk of being served notice.
The National Residential Landlord Association says that landlords and tenants are encouraged to talk to one another about concerns, rather than requiring the use of heating through a tenancy agreement.
It added: “It’s important that landlords provide appropriate means of heating and ventilation and that they emphasise to tenants how crucial it is for them to properly ventilate their homes to prevent the build-up of these problems over time.”
Contract clauses push up bills
SARAH Jones and her family face high bills this winter because their tenancy agreement requires them to keep their heating on to combat mould.
Charity fundraiser Sarah, 35, rents a three-bedroom house in South London with husband Ryan, 36, who works in finance, and children Tom, three, and Ella, one.
Their energy bills have more than doubled in a year, to £290 a month, and they pay £2,600 a month rent.
Sarah’s renting terms say “tenants must sufficiently heat the property to prevent condensation”, and that failure to do so may affect their deposit.
She said of the contract: “It’s impossible to challenge. What power did we have?
“The power balance is just so off. It’s hard to get a family house at the moment, so we were grateful when we were first told we’d got the house.”
Not only must they have the heating up, the contract also states they must have windows open for ventilation – so money is literally going out of the window.
The family are also worried about mould growing in their home because Tom suffers from asthma.
Sarah and Ryan work full-time and have no extra cash left over each month, owing to rising bills and a rent increase last year.
Sarah believes if the house was upgraded with double-glazed windows and damp-coursing, it could solve the mould issue.
But she’s scared to raise the issue with her landlord because she fears she could be kicked out.
She said: “It is just too big a risk.”