Introduction

With Housing Disrepair and Conditions cases on the rise, and in the wake of recent high-profile incidents such as the tragic death of Awaab Ishak, it is increasingly important to recognise that mould can cause serious issues if not dealt with correctly.

In our field, this involves assessing whether mould renders a property Unfit for Human Habitation. While the presence of mould alone does not automatically render a property unfit, the Homes (Fitness for Human Habitation) Act 2018 requires landlords to address conditions that pose a significant health risk.

What Do We Think About When Assessing Mould?

As Expert Witnesses and Chartered Building Surveyors, we focus on the physical conditions of a property observed during our inspection. Our inspections are grounded in objective evaluations, and guided by a “balance of probabilities” approach.

When considering ‘unfitness’, we take into account:

1. Extent of mould growth
   Whether it is localised, or evident more extensively across a larger surface area.
2. Causation of mould
   Whether the mould was caused by condensation/ventilation issues, or whether the root of the problem looks to be an underlying leak or penetrating dampness, may impact whether a property is considered fit or unfit.
3. Persistence
   Whether the conditions are such that the mould will continue to be a problem if treated in a simple manner, e.g. a mould wash. This is an important consideration, as re-occurrence indicates that more significant works need to be undertaken to render the property Fit for Human Habitation. Typically this work will be a combination of improved insulation, improved ventilation or improved heating.

So How Much Mould Is ‘Unfit’?

Until precedent is set in the Courts, there is no specific quantitative measure (like a specified square footage of mould) that universally makes a property unfit. Instead, the determination is based on the severity and impact of the mould problem.

Mould that is extensive, poses a significant health risk, or is indicative of serious maintenance and structural issues that are not being addressed by the landlord, is more likely to render a property ‘Unfit for Human Habitation’.

As the Act embeds, more case law and decisions will ultimately shape and clarify how far Fitness for Human Habitation reaches.

References and Recommended Reading

Primary Sources

• Homes (Fitness for Human Habitation) Act 2018
• Housing Act 2004
• Housing Health and Safety Rating System (HHSRS)

Secondary Sources

• BBC News, ‘Awaab Ishak: Plan to force landlords to tackle mouldy homes’
  https://www.bbc.co.uk/news/uk-england-manchester-67914836
• David Bennett, Housing Conditions Claims on Behalf of Social Housing Tenants – A Practical Guide for Solicitors, Barristers and Surveyors (2nd edn, Law Society Publishing 2019)
• Department for Communities and Local Government, Housing Health and Safety Rating System: Guidance for Landlords and Property Related Professionals (DCLG 2006)
• Jan Luba, Housing Conditions: Tenants’ Rights (6th edn, LAG 2021)