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Damp, Mould and Condensation Policy

4. Regulatory standards, legislation and approved codes of practice

4.1 Regulatory standards - We must ensure we comply with the Regulator of Social Housing's regulatory framework and consumer standards for social housing in England.  The new consumer Regulatory standards for landlords (opens new window) were introduced on 01 April 2024 and detail the four consumer standards which landlords are required to comply with, including:

  • Regulator of Social Housing's (RSH) regulatory framework and consumer standards for social housing in England.  The four new consumer standards are:

The Safety and Quality Standard. (opens new window)

The Transparency, Influence and Accountability Standard (opens new window)

The Neighbourhood and Community Standard (opens new window)

The Tenancy Standard (opens new window)

4.2 This policy is written in the context of the legal and regulatory requirements Gateshead Council is required to work.  Gateshead Council will comply with relevant legislation and regulation including (but not limited to):

The Social Housing Regulations Act 2023 (opens new window) (including Awaabs' Law - Section 42)

The Housing Act 1985 (opens new window)

Homes (Fitness for Human Habitation) Act 2018 (opens new window)

Landlord and Tenant Act 1985 (opens new window) (Section 11 - Repairs and Maintenance)

The Housing Act 2004 - Housing Health and Safety Rating System (HHSRS) (opens new window)

Environmental Protection Act 1990 (opens new window)​​​​​​​

Defective Premises Act 1972 (opens new window)

Decent Homes Standard: review (opens new window)

Equality Act 2010 (opens new window)

Health and Safety at Work Act 1974 (opens new window)

4.3 Gateshead Council will take all reasonable measures to ensure compliance with the applicable legislation.  This will be monitored via performance data and by regularly reviewing policies and procedures to ensure that they remain effective.

4.4 Failure to fulfil our landlord responsibilities may result in action by the Regulator of Social Housing (opens new window) and/or determinations and fines from the Housing Ombudsman Service Report - Spotlight on: Damp and Mould (published October 2021) (opens new window).

4.5 The legislation listed within this policy was considered (at the time) to be relevant to the development of this policy.  Thereafter, there may be new or amended legislation, case law and regulatory or other legal requirements that will be considered and the policy reviewed and amended accordingly.

4.6 We will keep this policy under review, and respond to changes in legislation, regulation, as well as continuing to implement emerging good practice, including the Decent Homes Standard and implementing the proposals of Awaab's Law regarding timescales for investigative and remedial works.

4.7 Other related policies and procedures include:

Corporate Equality, Diversity and Inclusion Policy

Repairs and Maintenance Policy

Tenancy Agreement​​​​​​​