Damp, Mould and Condensation Policy

Damp

An excess of moisture that can't escape from a structure, which can also go on to cause significant damage to the building. There are three/four main causes of dampness in homes, which each require different solutions:

• Rising damp: water that rises through fabric and brick walls of a building after being absorbed from the surrounding ground.
• Penetrating damp: water penetrates the fabric of the building from the outside to the inside, for example, because of a leak.
• Condensation: occurs when warm, moist air touches a cooler surface such as tiles, windows or walls. If left for a long period of time, it can cause damp and/or mould.
• Mould: is a type of fungus. It spreads through spores, which are invisible to the naked eye but are in the air around us all of the time and can quickly grow on surfaces where dampness persists, or water has formed into a visible covering.

Landlord and Tenant Act 1985

The Landlord and Tenant Act 1985 (opens new window) imposes on landlords an obligation to carry out basic repairs, covering the structure and exterior of the property and installations for the supply of water, gas and electricity, and for sanitation and space heating and heating water. There is also an implied covenant to maintain the property in good order.

Defective Premises Act 1972

Defective Premises Act 1972: Section 4 (opens new window) places a duty on landlords to take reasonable care to ensure that anyone who might be expected to be affected by defects in a property is reasonably safe from injury or damage to their property.

Environmental Protection Act 1990

The Environmental Protection Act 1990 (opens new window) makes provision for the control of premises which are considered to be prejudicial to health or a nuisance. This legislation means Gateshead Council may become liable for damages and compensation to tenants and their families who suffer as a result of failure to maintain properties so as not to be prejudicial to health or a nuisance.

Equalities Act 2010

We will apply the Equality Act 2010 (opens new window) consistently and fairly and will not discriminate against anyone based on any protected characteristics, including those set out in the Equality Act 2010 (opens new window)

The Homes (Fitness for Human Habitation) Act 2018

The Homes (Fitness for Human Habitation) Act 2018 (opens new window) amended the Landlord and Tenant Act 1985 (opens new window), with the aim of ensuring that all rented accommodation is fit for human habitation. While it did not create new obligations for landlords, it required landlords to ensure their properties are fit for human habitation at the beginning of, and throughout, the tenancy. The Landlord and Tenant Act does not define "fit for human habitation", but consideration should be given to repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, facilities for preparation and cooking of food, the disposal of wastewater and any prescribed hazard. The Act also strengthened tenants' means of redress where landlords do not fulfil their obligations, with the expectation that if tenants are empowered to take action against their landlord, standards will improve.