Local Authority Enforcement Powers for Damp and Mould

Local authorities have significant powers to address poor housing conditions, including damp and mould. While these powers are more commonly used against private landlords, they can also be applied to housing associations. Understanding enforcement mechanisms helps landlords respond appropriately and avoid escalation.

The Legal Framework

Housing Act 2004

The primary legislation governing housing conditions enforcement:

• Introduced the Housing Health and Safety Rating System (HHSRS)
• Created duties and powers regarding Category 1 and 2 hazards
• Established improvement notices, prohibition orders, and emergency measures

Housing Health and Safety Rating System

HHSRS provides the assessment framework:

• 29 potential hazards assessed, including damp and mould growth
• Hazards scored based on likelihood and severity of harm
• Scores determine Category 1 (serious) or Category 2 (less serious)

Homes (Fitness for Human Habitation) Act 2018

Gives tenants direct rights to take action:

• Tenants can sue landlords directly for unfit housing
• No need to wait for council enforcement
• Court can order repairs and award damages

Council Duties vs. Powers

Category 1 Hazards: Duty to Act

When a Category 1 hazard is identified, councils must take action:

• Serve an improvement notice, or
• Make a prohibition order, or
• Serve a hazard awareness notice, or
• Take emergency remedial action, or
• Make an emergency prohibition order, or
• Make a demolition order

The council has discretion over which action to take, but must do something.

Category 2 Hazards: Power to Act

For Category 2 hazards, councils may act but aren't required to:

• Similar range of enforcement options
• Decision based on severity and circumstances
• Resource constraints often limit action on Category 2

Enforcement Options

Improvement Notice

The most common enforcement tool:

• Specifies the hazard and required remedial works
• Sets a deadline for completion (minimum 28 days)
• Failure to comply is a criminal offence
• Council can do works in default and recover costs

Prohibition Order

Restricts use of all or part of the property:

• Used when improvement isn't practical
• Can prohibit use by specified number of people
• Can prohibit specific uses
• Breach is a criminal offence

Hazard Awareness Notice

Informational rather than requiring action:

• Notifies landlord of the hazard
• No requirement to remedy
• Used for lower-risk situations
• Still creates formal record

Emergency Measures

For immediate risks:

• Emergency remedial action (council does works immediately)
• Emergency prohibition order (immediate restriction on use)
• Costs recovered from landlord

The Inspection Process

Triggers for Inspection

Councils typically inspect following:

• Tenant complaint to environmental health
• Referral from other agencies (social services, health visitors)
• Proactive inspection programmes (some councils)
• Licensing inspections (HMOs, selective licensing areas)

What Inspectors Look For

During an HHSRS assessment:

• Extent and location of damp and mould
• Type of damp (condensation, penetrating, rising)
• Condition of property fabric, heating, ventilation
• Vulnerability of occupants
• Evidence of landlord response to reports

Landlord Rights

During inspection:

• You should receive notice (usually 24 hours for routine inspections)
• You can be present during inspection
• You can provide information about actions already taken
• You can appeal enforcement notices

Avoiding Enforcement

Proactive Management

Best defence is proactive approach:

• Respond to tenant reports: Don't wait for escalation to council
• Document everything: Show what you've done
• Meet reasonable timescales: Even before formal enforcement
• Address root causes: Not just surface treatment

When Council Contact You

If you receive enquiries from environmental health:

• Respond promptly and cooperatively
• Provide evidence of actions already taken
• Offer to show works scheduled or completed
• Keep communication records

During Inspection

Make the most of the opportunity:

• Provide documentation of your investigation and response
• Show environmental monitoring data if available
• Explain any context (e.g., tenant access issues)
• Ask what would satisfy the inspector

Responding to Notices

If You Receive an Improvement Notice

• Read carefully—understand exactly what's required
• Note the deadline and any appeal window
• Plan works to complete within timescale
• Notify the council when works are complete

Appeals

You can appeal to the First-tier Tribunal:

• Generally within 28 days of notice
• Grounds include: hazard doesn't exist, wrong category, works unreasonable
• Appeal suspends the notice pending decision
• Consider whether appeal is appropriate (cost, relationship, evidence)

Non-Compliance Consequences

Failure to comply with notices can result in:

• Criminal prosecution (fines up to £5,000 or more)
• Council doing works in default (costs recovered plus admin fee)
• Civil penalty notices (up to £30,000)
• Banning orders for worst offenders

Housing Associations and Councils

Special Considerations

Councils can and do enforce against registered providers:

• Same legal powers apply
• Often more dialogue before formal action
• Regulatory implications (RSH referral possible)
• Reputational considerations for both parties

Working Together

Best approach is collaborative:

• Proactive engagement with environmental health
• Information sharing on problem properties
• Joint working on multi-agency cases