Agenda item

The Housing Strategy and Development Officer presented the report for the Committee to consider and provide feedback on the Damp and Mould Policy (the ‘Policy’) – the Committee’s comments would be considered by the Executive before approval.

The Council, as a landlord, was responsible for the maintenance of its properties to be in line with the relevant regulations, legislation and guidance. This included keeping tenants’ homes safe from hazards under the Health and Safety Rating System (HHSRS) of the Housing Act 2004.  One such identified hazard was damp and mould.

The Housing Ombudsman had published a spotlight report on damp and mould in October 2021, which stated landlords should take a zero-tolerance approach.

The Social Housing (Regulation) Act 2023 had also introduced “Awaab’s Law.”  The death of Awaab Ishak, a two-year old child living with his parents who sadly passed away from a respiratory condition, was found to have been caused by the presence of damp and mould in their home.

‘Awaab’s Law’ required landlords to fix reported health hazards within prescribed timescales and provided greater powers to the Regulator of Social Housing to ensure housing providers were managing condensation, damp and mould effectively.

The Housing Ombudsman had published a severe maladministration report in October 2024 specific to damp and mould – timeliness was key.

Awaab's Law would come into force (for the social housing sector) from October

2025, with a phased implementation approach.  Specific to damp and mould, social landlords were required to investigate reported damp and mould hazards within 14 days, with a written report issued within 48 hours.

For hazards posing a significant risk to health or safety, repair work must have begun within 7 days of the investigation.  Emergency repairs, defined as those presenting an immediate and significant risk to residents, had to be completed within 24 hours.  Where work could not be undertaken within the timescale, alternative accommodation would need to be provided.

The Policy, attached at Appendix 1, had the key aim of raising awareness of the issues surrounding damp and mould for those living in Council owned properties and to set out the Council’s zero-tolerance approach to addressing and resolving reports of damp and mould (in its tenanted properties).

In addition, the Policy would:

·       Provide a clear framework for identifying, reporting, and addressing damp and mould issues;

·       Ensure timely and effective responses to reports of damp and mould, and to ensure that repairs to alleviate damp (for example work to guttering and drains, replacing tiles, repairing leaks to pipework, etc.) were carried out as quickly and efficiently as possible, to minimise the impact on the health of the resident and damage to the structure, fixtures and fittings of the property;

·       Promote tenant awareness and provide access to information in a variety of formats, and access to support to help residents prevent and reduce risks of damp and mould in their homes;

·       To ensure all tenants were treated in a fair, respectful, empathetic and consistent way; and,

·       Comply with relevant legislation and regulatory standards, including the HHSRS.

The Council would ensure that all resident-facing Housing Officers and operatives were responsible for spotting damp and mould, reporting and recording the information they gathered – relevant training would be provided.

The Council would ensure that Dragonfly Management (Bolsover) Ltd. staff and subcontractors were capable of diagnosing and remedying damp and mould issues, and that all reports of damp and mould would be fully assessed and responded to appropriately to minimise the risk of conditions returning.

This Policy explained and defined how it would meet the Council’s legal obligations.

The Policy contained definitions around the subject of damp and mould and referred to tenant responsibilities in ensuring they took reasonable measures to help reduce the conditions that led to condensation, damp and mould.  This reiterated the tenancy agreement and the requirement that tenants report a repair and allow access upon 72 hours’ notice for repairs to be actioned.

The Policy also set out how the Council would monitor and report on its performance against these legal requirements, including an escalation process for when noncompliance took place.

To a question on what the Council sent to new tenants to make them aware of controlling damp and mould, the Housing Strategy and Development Officer informed a leaflet, and all appropriate conversations would take place before a tenant’s residency began.  The routine of good air quality across the entire property, not just the bathroom, was just as important and also promoted.

The Tenant Engagement Officer added the Council would complete 4 visits to a new tenant to encourage appropriate actions to improve air quality and manage issues like damp and mould.  It was also a way for the Council to identify other problems / issues taking place before they could escalate.

If tenants were acting inappropriately with managing the property (which could affect their health), the Council would, on a case-by-case basis, seek to work with tenants and visit regularly to try and resolve this.  This additional contact could also prove useful if the tenant was vulnerable to other matters unknown.

Moved by Councillor Rita Turner and seconded by Councillor Louise Fox

RESOLVED that Members review the attached Damp and Mould Policy and provide comments for consideration as part of the development of the Policy in advance of formal Executive approval and implementation.