Landlords in the Crossfire: Legal Battles & Rising Tenant Expectations

The UK's housing sector is facing a growing crisis: a surge in damp and mould complaints, coupled with the looming challenge of Awaab's Law, is putting immense pressure on landlords. But amidst this challenge, a new threat is emerging: no-win no-fee lawyers eager to capitalise on tenant grievances.

The Housing Ombudsman has reported a significant rise in complaints related to damp and mould, which they recently shared that damp & mould cases now dominate half of its casework, with many cases resulting in severe maladministration rulings against landlords. 

Key Concerns Highlighted by the Ombudsman:

• Increased Formal Complaints: The Ombudsman has seen a significant rise in complaints related to damp and mould, indicating a widespread problem across the housing sector.   
• Severe Maladministration: Many cases have resulted in findings of severe maladministration against landlords for failing to address damp and mould issues promptly and effectively.   
• Inadequate Redress: The Ombudsman has criticised some landlords for offering insufficient compensation to tenants who have suffered due to prolonged exposure to mould.   
• Systemic Issues: The Ombudsman has identified systemic problems within some housing organisations, including inadequate inspections, poor record-keeping, and a lack of proactive measures to prevent damp and mould.   

Recent Cases & Fines:

The Housing Ombudsman is taking a hard line against landlords who fail to address damp and mould issues, issuing substantial fines and highlighting severe maladministration cases. This comes amidst a growing crisis of mould in UK housing, with the tragic case of Awaab Ishak serving as a stark reminder of the devastating consequences of inaction.  

• Clarion Housing Group: Fined over £9,000 for failing to resolve a leak that led to severe damp and mould, causing significant distress to the resident. See link to article.
• L&Q Housing Trust: Ordered to pay £142,000 in compensation following a special investigation that revealed a "prolonged period of decline" in services, including numerous unresolved damp and mould cases. See link to article.
• Newham Council: Fined £5,400 for taking over three years to resolve a damp and mould issue and repeatedly failing to keep the resident informed about repairs.  See link to article.
• Stoke-on-Trent City Council: Fined £1,000 for failing to respond to complaints about damp and mould affecting two vulnerable children. See link to article.

These cases highlight the Housing Ombudsman's commitment to holding landlords accountable for providing safe and healthy homes. The fines and compensation orders serve as a powerful deterrent against inaction and emphasise the importance of proactive measures to prevent and address damp and mould.

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UK Mould in Numbers:

Awaab’s Law: Tougher Timeframes to Respond to & Handle Mould:

With housing associations already facing strain with damp and mould, this issue is expected to become further compounded with Awaab’s Law, which will: 

• Stipulate that landlords will have 14 calendar days to investigate any hazards once they are aware of any issues;
• Then only 48 hours to produce a report to the tenant upon the results of the investigation;
• If a hazard is found landlords have 7 days to begin the relevant works or repairs;
•  And if the issue found is severe, action must be taken within 24 hours after the 14 day inspection period

For a full overview on what’s needed to comply check out my previous article: Navigating Awaab's Law: Preparing for Change in Social Housing.

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Compounded Pressures from No Win No Fee Lawyers:

These concerns have created a fertile ground for opportunistic lawyers, as highlighted in a recent HELLO! article, which details how tenants can sue landlords for compensation due to mould and damp issues.

While advocating for tenant rights is crucial, the involvement of ambulance chasers can exacerbate the situation, leading to:

• Increased formal complaints & legal disputes: Tenants may be encouraged to pursue legal action even for minor issues, potentially straining landlord-tenant relationships and clogging the court system.
• Financial burden on landlords: Legal battles can be costly for landlords, even if they are ultimately successful, diverting resources away from essential repairs and maintenance.
• Focus on blame rather than solutions: The adversarial nature of legal action can hinder collaborative efforts to address the root causes of damp and mould.

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The Need for Proactive Solutions:

While the threat of legal action is a serious concern, landlords can mitigate their risk by taking a proactive approach to damp and mould prevention and resolution:

• Regular and thorough inspections: Identify potential issues early on and document the property's condition.
• Prompt and effective repairs: Address any reported damp and mould problems quickly and efficiently.
• Clear communication with tenants: Provide guidance on mould prevention, respond to concerns promptly, and maintain transparent communication throughout the process.
• Stop treating mould as a one off issue: Move away from traditional "fix it and forget it" maintenance. Implement a process with regular check-ins to ensure the problem hasn't returned and that the actions taken were effective.‍
• Investment in technology: Utilise solutions like askporter to streamline repairs, improve communication, and track compliance, demonstrating a proactive approach to tenant well-being.

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How are Housing Organisations Preparing:

By large there is a lot of confusion on how to manage the issue of mould, but here are some of the key ways:

• Traditional Door Knocking: Several large housing associations are taking the traditional door-to-door approach. However, reaching residents and tracking responses is proving difficult, not to mention costly and time-consuming, especially for those with vast housing stock.
• Informative Mailings: Some are sending mailings with preventative measures and contact numbers for reporting issues. This helps educate residents on how to avoid creating environments for mould growth but may not be enough to address existing problems.
• Contact Centre Expansion: Hiring more contact centre staff to handle the anticipated increase in calls and complaints. This can be expensive and may not address the root causes of inefficient communication.
• IoT Sensors: Some are exploring the use of IoT sensors to monitor humidity levels and detect potential mould risks. While promising, this technology can be costly to implement and sensors can erroneously trigger and provide misleading information - so pick your IOT provider carefully.
• Outreach Tech & Automated Issue Capture: This is where askporter comes in. Our AI-powered platform streamlines communication to residents, automates issue capture and diagnosis, and enables proactive interventions and after fix checks with residents. This helps housing organisations efficiently manage the growing challenge of damp and mould.

By prioritising tenant safety and embracing innovative solutions, landlords can not only protect themselves from legal challenges, but ultimately ensure they have a robust and proactive approach for resolving damp and mould issues. 

More on how askporter can help you get a handle on your mould management and other compliance challenges or get in touch with me directly to discuss.