In December 2020, the tragic death of two-year-old Awaab Ishak captured global attention, highlighting the risks posed by mould in homes and the responsibilities of landlords when addressing concerns raised by the occupier.
Since his passing, Awaab’s parents campaigned for the introduction of a law in his memory. Known as "Awaab’s Law", it has already been implemented in social housing and will extend into the private rental sector in the near future.
Awaab lived with his parents in a rented first-floor flat in Rochdale, which was owned by a housing association, Rochdale Boroughwide Housing (RBH). His parents initially raised concerns about mould in their home in 2017. In response, RBH suggested they paint over it, but didn’t issue directions such as cleaning the affected walls with suitable products first and then using a specialist paint. To our knowledge, they also failed to educate the family on the common causes of mould.
Following RBH’s advice, Awaab’s father painted over the affected areas on more than one occasion. No further complaints were made until mid-2020, when the family instructed solicitors to act on their behalf. Around this time, a health visitor saw the conditions and raised the alarm by writing to RBH. These actions prompted RBH to inspect the property and confirm mould in the bedroom cupboard, kitchen and bathroom.
RBH had a policy of not progressing to repairs and treatment until the agreement of the solicitors involved had been obtained. When the solicitors ceased acting for the family in September 2020, they did not inform RBH, so any work that was planned was in limbo land as RBH were waiting for the green light from solicitors that, unbeknownst to them, were no longer involved.
Awaab tragically passed away in December 2020 due to complications caused by prolonged exposure to the mould.
- An expert who visited the property after Awaab’s death found “extensive and significant mould in all the rooms”. He believed the pattern observed in the bedroom cupboard was likely due to water ingress.
- The coroner noted: “There was a lack of proactive treatment of the mould and a lack of consideration of the ineffective ventilation within this ageing property. In this case there was a fan in the bathroom which did not work effectively, there was no mechanical ventilation in the kitchen at all. There was no window in the bathroom and the window in the kitchen opened onto the communal walkway.”
- The coroner stated that too much emphasis was placed on the cause of mould being due to “family lifestyle”, but there was no evidence this family lived an “excessive” lifestyle and “the daily activities of living which contributed to the damp and condensation were normal activities such as cooking, washing, bathing and drying clothes.”
- It was also concluded that updated information regarding the current health risks relating to damp and mould are not widely available or known to the housing sector, and the Housing Health and Safety Rating System (HHSRS) is outdated for damp and mould.
Awaab’s tragic passing has led to significant legislative reform in the social housing sector. Awaab’s Law forms part of the newly introduced Social Housing (Regulation) Act, which effectively inserts a term into social housing tenancy agreements that requires landlords to comply with new requirements, due to be set out in detail through secondary legislation. The proposals for these requirements include setting strict timelines for damp and mould to be inspected and repaired.
While this legislation currently only applies to social housing providers, it will soon extend to the private rented sector. It’s crucial that landlords are prepared, as occupants will be empowered to hold them accountable through legal action if they do not meet their obligations.
Clearly, Awaab’s death has resulted in an increased focus on how landlords respond to issues like condensation and mould.
Combatting condensation is – and has always been – a joint responsibility between landlord and tenant. While contract-holders must take steps to ventilate and heat their homes adequately, landlords must provide the necessary 'tools' for them to do so. These tools include functional extractor fans in kitchens and bathrooms, openable windows, trickle vents where possible, sufficiently sized and positioned radiators, tumble dryers and/or suitable washing lines for drying clothes, and double glazing.
Without these tools, tenants are limited in their ability to manage condensation, and the risk of mould grows.
With the tools, occupiers should be able to keep condensation causing mould at bay, but with the law due to empower tenants to take their landlord to court for such conditions, landlords should be thinking about their defensible position.
We know from subsequent commentary on Awaab’s passing that his parents responded to a ‘no-win, no-fee’ Facebook advert put up by a ‘claim farmer’, who passed the claim to a solicitor. It would come as no surprise to us if we see a rise in these ‘no-win, no-fee’ adverts in the coming years, so the defensible position is important.
We’d strongly suggest that landlords provide educational advice from the moment mould is reported or observed – something which RBH didn’t appear to have or do in this case. We make sure we provide our occupiers with detailed, professional advice on the common causes of condensation, how to prevent it and how to treat it if it’s already appeared. We also ask if the tools the landlord has provided are working as they should be. All this communication goes some way towards demonstrating to a court (if it gets that far) that you, as a landlord, took the matter seriously.
Inspections play a big part in this, too. We’ve previously called into properties and observed occupiers not using windows to help ventilate, and even drying clothes on radiators and clotheshorses without windows being open. We’ve also seen boiling pans being used without cooker hoods turned on and, again, no kitchen window(s) open. Having photo or video evidence of this will help with the defensible position and can also be used to demonstrate to occupiers and/or their guarantors why they be suffering with mould. It’s also an opportunity to capture evidence that the tools provided by the landlord are indeed working as they should be, e.g. showing a piece of toilet paper being held in place by an extractor fan.
This new legislation, combined with Welsh Government’s 29 reasons not to pay rent when a home is unfit for human habitation, should ring alarm bells with landlords.
In an ever-evolving rental landscape, having a proactive and experienced letting agent on your side is more important than ever.
We’re committed to staying ahead of the latest legislation, ensuring your properties are compliant and well-maintained, and your contract-holders informed and educated.
Let us help you protect your investment and keep your occupants happy – because when it comes to your properties, we never miss a beat. To learn more, get in touch with us on 02920 668585 or email lettings@cpshomes.co.uk.
The information contained within this article was correct at the date of publishing and is not guaranteed to remain correct in the present day.