Generation Rent and Citizens Advice call for Awaab’s Law to be extended to private landlords, and for end to Section 21 evictions
Research by Generation Rent has revealed that local councils in England found 1,106 private rented homes with dangerous levels of damp and mould in 2021-22.
There will be a consultation later this year regarding ‘Awaab’s Law’, in response to the tragic death of two-year old Awaab Ishak, caused by exposure to mould in his home. This will set the timeframes within which social landlords must look into hazards and make required repairs.
Generation Rent, a campaign led by and for renters, is calling on the government to extend these new standards to private landlords, and to end Section 21 ‘no fault’ evictions, which can discourage tenants from complaining about problems such as mould.
The research echoes findings by Citizens Advice in February 2023, which revealed that 1.6 million children in privately rented homes in England are living in cold, damp or mouldy homes.
Citizens Advice is also calling for the government to extend Awaab’s law to private landlords, and to end Section 21 evictions.
Under the Freedom of Information Act, Generation Rent asked 115 councils in England representing just over three million private renter households, or 64% of the total private renter population, about their enforcement of housing standards – including mould and damp and other severe “Category 1” hazards. A Category 1 hazard poses a serious and immediate risk to a person's health and safety.
Councils who find Category 1 hazards must take action, such as issuing the landlord with an improvement notice, which also protects tenants from a retaliatory Section 21 eviction. A total of 9,033 Category 1 hazards were identified by 81 councils, and 2,179 improvement notices were issued (although it is common to only serve a single notice to address multiple Category 1 hazards in a property).
“Without action to protect tenants in their homes and hold landlords in both sectors accountable for the safety of their properties, thousands of people will continue to live in homes that are making them ill.”
Will Barber Taylor, spokesperson for Generation Rent, said the government needed to take the issue of mould and damp in privately rented homes far more seriously. “Landlords, whether they are huge housing associations, or an individual letting out their former home, have one job: to provide their tenants with a safe home. Too many try to dodge their responsibilities by blaming tenants or serving a no-fault eviction notice.
“Without action to protect tenants in their homes and hold landlords in both sectors accountable for the safety of their properties, thousands of people will continue to live in homes that are making them ill.”
The government has committed to abolishing Section 21 as part of the Renters Reform Bill, which it says it will publish when parliamentary time allows.
Ian Sanders, a member of the CIEH Housing Advisory Panel and a Principal EHO specialising in housing, has joined the government’s housing advisory group, providing expert input into the development of new guidance for the rented housing sector on the health impacts of damp and mould. The government is committed to publishing guidance before the summer.
Ross Matthewman, Head of Policy and Campaigns, CIEH said, “We recognise that further laws or guidance with no money for local authorities to enforce them are not the solution. If new guidance is being developed, however, we want to ensure that the voice of environmental health professionals is heard in this development.”
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