Govt' announces review of outdated damp and mould guidance for landlords and confirms plan for new private rented sector Ombudsman

Fungal Mold On An Interior Wall 2021 12 09 04 46 58 Utc

DLUHC Secretary, Michael Gove, says current damp and mould guidance for social and private rented sector landlords "varies in quality". The HHSRS hazard will also be updated and there will be a Private Rented Sector Landlord Ombudsman under rental reform legislation.

Mr Gove was responding to the Coroner's concerns expressed to the Government and raised in her Report of November 2022 into the death of 2 year old Awaab Ishak as a result of damp and mould in his family's rented home in Rochdale. The report is a "Regulation 28 Report to Prevent Future Deaths", hence the response from the Government.

Though much of his letter (also signed by Steve Barclay MP, Secretary of State for Health and Social Care) to the Coroner, Joanne Kearsley, covered social landlords it was made clear that issues of Damp and Mould, the review and updating of the Housing Health and Safety Rating System (HHSRS) in relation to damp and mould and outdated guidance on dealing with damp and mould affected private rented sector landlords and tenants also. The letter also "emphasised the Government's committment to addressing the matters of concern raised by the Coroner".

Effectively, Mr Gove was saying that both the available guidance for landlords and the way damp and mould were dealt with as an HHSRS hazard were no longer fit for purpose. On available guidance Mr Gove said that "It is crucial that the housing sector has the full access to relevant and up-to-date information, including in particular on the health risks of damp and mould" and that the guidance documents produced by government and other public bodies "varies in its level of detail, quality and accessibility".

He went on to say that DLUHC and the Department for Health and Social Care (DHSC) "will lead a rapid review of existing guidance on the health impacts of damp and mould in homes, and then - engaging widely with interested parties - develop new consolidated guidance tailored to the housing sector. We will publish this new guidance by the summer. DHSC will lead this process and contribute expertise on the relevant health impacts .... DLUHC will contribute its expertise on the housing sector and disseminate guidance to housing providers and tenants". New guidance for PRS landlords will be available on the planned new national property portal for the PRS.

On the HHSRS approach to damp and mould he pointed out that whilst it was considered a hazard under the rating system the current review of the system was to do with its complexity and inefficiency. Following the report, however, the scope of the review would now include updating the range of harms, including the impacts of damp and mould with a view to publishing the review in Spring 2023.

The Levelling Up Secretary also confirmed that a Private Rented Sector Landlord Ombudsman would be established so that tenants who rent privately will be able to have complaints (such as damp and mould) investigated independently. The office will be created as soon as practicable after upcoming rental reform legislation has been passed by Parliament.

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