1. Context and background

Damp and mould

Awaab Ishak died from a respiratory condition due to prolonged exposure to mould in his home. Sadly, living with dampness and black mould is not unusual for many social renters. According to the English Housing Survey, around 935,000 homes (4%) in England had damp problems in 2021, an increase of just over 3% from 2019. Of these homes, around 4% were in the social rented sector with 11% in the private rented sector and 2% classed as owner-occupied.^{[footnote 11]}

Damp and mould growth is one of the most prevalent and costly hazards in terms of repair costs and costs to the NHS.^{[footnote 12]}

Living with damp and mould can have serious health implications for residents, including respiratory infections, asthma development or exacerbation and cardiovascular effects, with an increased risk of heart disease and cardiac events. These can pose an even greater danger to vulnerable individuals, such as children, older people and people with weaker immune systems. Damp and mould can also have a negative impact on mental health, particularly where residents experience stressors associated with being unable to afford solutions to adverse living conditions. These stressors include low income, fear of debt, damage to possessions from damp and mould, stigma, and social isolation.^{[footnote 13]}

Between November 2022 and June 2023, the Regulator of Social Housing (‘The Regulator’) received 12 self-referrals from social landlords for potential breaches of the Decent Homes Standard due to damp and mould, and 38 referrals from other sources. In the 386 responses they received to the survey they conducted after the Coroner’s Report, 11 landlords reported over 50 category 1 HHSRS damp and mould hazards in homes they manage, and 53 landlords reported over 100 category 2 damp and mould hazards. Whilst acknowledging the incomplete picture, The Regulator’s survey estimated that fewer than 0.2% of social homes have the most serious damp and mould problems, 1-2% have serious damp and mould problems, and 3-4% have notable damp and mould problems.^{[footnote 14]}

Based on Housing Ombudsman data, the number of social residents complaining of damp, mould and leaks increased by 77% between 2020-21 (1,993) and 2021-22 (3,530).^{[footnote 15]} The same report conveyed an increase of 134% in the number of determinations on mould and leak cases over the same time period, of which the number of outcomes upheld rose from 37% in 2020-21 to 45% in 2021-22.^{[footnote 16]} As of 16 October 2023, the Housing Ombudsman had received 5,460 complaints about damp, mould and leaks in 2022-23.

Damp and mould must not be dismissed as a ‘lifestyle issue’. While condensation can of course be created by necessary and normal daily activities, such as bathing, cooking and drying clothes, residents should be able to complete these activities without being blamed for pervasive damp and mould.^{[footnote 17]}

One of the concerns raised in the Coroner’s report was that there was no evidence that up to date relevant health information pertaining to the risks of damp and mould was easily accessible to the housing sector.^{[footnote 18]} New guidance has been developed by the Office for Health Improvement and Disparities (OHID), the UK Health Security Agency (UKHSA), and the Department for Levelling Up, Housing and Communities (DLUHC) with an advisory group of experts. The guidance (Damp and mould: understanding and addressing the health risks for rented housing providers) sets out what landlords, housing professionals and residents should do to deal with mould, with an emphasis on landlord responsibilities in addressing the underlying causes of damp and mould. The government’s 2020 social housing white paper announced that we would review the Decent Homes Standard, which has set the minimum standard of physical decency for social rented sector homes since 2001.[footnote 19]