Guidance

Damp and mould in the private rented sector

Published 7 September 2023

Applies to England

As reported by local authorities in England

Introduction and main findings

1. The Secretary of State for Levelling Up, Housing and Communities wrote to local authorities on 19 November 2022 to request data on damp and mould hazards in the private rented sector. This was a direction issued under section 3(3) of the Housing Act 2004. 309 local authorities in England were asked to provide their responses by 27 January 2023. 309 responses were received.

2. Damp and mould is one of 29 hazards assessed under the Housing Health and Safety Rating System (HHSRS). The HHSRS is a tool used to assess risks in residential properties. Hazards assessed at the most dangerous level are category 1. All other assessable hazards are category 2. Local authorities have a duty under the Act to take enforcement action on category 1 hazards and a power to take enforcement action on category 2 hazards.

This report

3. This report examines the data provided by local authorities on damp and mould hazards in private rented properties in their areas. It is split into three chapters. Chapter 1 focuses on estimates of levels of damp and mould hazards, including how many inspections identified category 1 and category 2 damp and mould hazards. Chapter 2 covers enforcement action taken on damp and mould hazards. Chapter 3 explores enforcement capacity and capability, including enforcement team sizes and factors affecting enforcement action.

4. This report covers findings based only on the data provided by local authorities. It is not a formal statistical publication. Local authorities were asked to provide a factual assessment to support a detailed picture of damp and mould across the sector. The amount of detail provided across the responses varied. Findings presented in this report can therefore not be used to reliably draw conclusions about damp and mould hazards in private rented sector properties in an individual local authority’s area. The full set of returns have been published separately. For levels of enforcement activity, local authorities were asked to provide data for 2019-2020, 2020-2021, and 2021-2022, respectively. This report makes clear where analysis reflects a specific reporting period, or covers all three.

5. Existing data on housing quality can be found through the English Housing Survey and in the regularly updated departmental dwelling stock data.

Main findings

1. On average, 3.6% of private rented sector properties were estimated to have category 1 damp and mould hazards. The lowest estimate was 0% and the highest estimate was 27%. 33% or 83 local authorities (of the 251 who provided estimates that could be included in the analysis in this report) estimated 1-2%. The median estimate was 1.2%. 0% or 1 local authority estimated 51.4% but based this on a sample of properties inspected that was not reflective of typical properties in their area. This was considered an outlier. Most local authorities provided an estimate based on a sample of property inspections where category 1 damp and mould hazards were identified. This was supported by general knowledge of local housing stock and other methods, including stock modelling and stock condition surveys.

2. It was not possible to establish an average estimate for the proportion of private rented sector properties with category 2 damp and mould hazards. Due to a lack of clarity in how local authorities were expected to estimate category 2 damp and mould hazards, responses differed in their interpretation and estimates ranged between 0%-100%. Furthermore, some local authorities only provided an estimate for high-ranking category 2 damp and mould hazards (bands D and E under the HHSRS). Others provided estimates across all bands. It was therefore not possible to establish an average percentage.

3. From 2019-20 to 2021-22, 66% or 4,878 of category 1 damp and mould hazards identified through all property inspections were detected through inspections undertaken in response to complaints referencing damp and mould. In 2019-20, 2,184 inspections in total identified category 1 damp and mould hazards. 65% or 1,823 of these were inspections in response to complaints referencing damp and mould. In 2020-21, the equivalent figures were 1,754 total inspections, with 79% or 1,382 of these in response to complaints referencing damp and mould. In 2021-22, the equivalent figures were 2,816 total inspections, with 59% or 1,673 of these in response to complaints referencing damp and mould.

4. From 2019-20 to 2021-22, local authorities mostly used informal enforcement action to address damp and mould hazards. Data collected from local authorities did not cover all types of formal enforcement actions. However, reported figures for improvement notices, civil penalty notices and prosecutions amounted to 12% of all formal and informal enforcement actions local authorities took on damp and mould hazards over the same period.

5. The most common reason for a local authority not providing a response to a question was limitations in data systems. Some local authorities were unable to extract data from their systems in a format to answer a specific question (for example, on the number of inspections undertaken in response to complaints). This also meant that there was sometimes insufficient detail within estimates to include them within the analysis in this report (for example, category 1 hazards identified through inspections could not be linked to damp and mould specifically).

6. There was wide variation in reported numbers of local authority full-time equivalent (FTE) enforcement staff. A total of 2,406 FTE staff were reported across 309 local authorities. This included Environmental Health Officers, administrative and managerial staff, but excluded legal resource. It also did not include staff who only worked on the Domestic Minimum Energy Efficiency Standard Regulations. The lowest FTE reported was 0 FTE. The highest FTE reported was 133.5 FTE. A third of local authorities reported a team size greater than 2 FTE, up to and including 5 FTE.

7. COVID-19 restrictions impacted some local authorities’ ability to monitor and enforce on damp and mould hazards in 2019-20. Figures reported on inspections undertaken over the period 2019-20 to 2021-22 broadly showed a reduction in the level of inspections in 2020-21. Several local authorities noted that Covid-19 restrictions impacted their ability to inspect properties in this reporting period. The level of inspections in 2021-22 broadly returned to levels reported for 2019-20. There was also a reduction in total formal and informal enforcement actions, and improvement notices reported for 2020-21, against those reported for 2019-20 and 2021-22, respectively. Civil penalty notices, and pursued and successful prosecutions, were reported at consistent levels over 2019-20 to 2021-22.

Chapter 1: Estimates of levels of damp and mould hazards

8. Damp and mould is one of 29 hazards assessed under the Housing Health and Safety Rating System (HHSRS). The HHSRS is a tool used to assess risks in residential properties. Hazards assessed at the most dangerous level are category 1. All other assessable hazards are category 2.

9. Local authorities were asked to estimate the proportion of their private rented sector properties with category 1 damp and mould hazards. They were also asked to estimate the proportion of private rented sector properties with category 2 damp and mould hazards.

10. Local authorities were also asked to estimate the number of property inspections where category 1 and category 2 damp and mould hazards were identified. This data was provided for 2019-2020, 2020-2021, and 2021-2022, respectively. References within this chapter to the number of responses that were included and excluded from analysis have therefore been provided on an aggregate basis across the three years.

Category 1 damp and mould hazards

Estimates of category 1 damp and mould hazards across private rented sector properties

Figure 1.1: Estimated proportion of private rented sector properties with category 1 damp and mould hazards

11. On average, 3.6% of private rented sector properties were estimated to have category 1 damp and mould hazards. The lowest estimate was 0% and the highest estimate was 27%. 33% or 83 local authorities (of the 251 who provided estimates that could be included) estimated 1-2%. 29% or 69 local authorities estimated less than 1%. The median estimate was 1.2%

12. Most local authorities provided an estimate based on a sample of property inspections where category 1 damp and mould hazards were identified. This was supported by general knowledge of local housing stock and other methods, including stock modelling and stock condition surveys.

13. 80% or 248 local authorities provided estimates that have been included in Figure 1.1 and the findings above. 16% or 48 local authorities were unable to provide an estimate. The most common reason for this was a lack of complaints data. A further 3% or 10 local authorities provided estimates but did not specifically link these to category 1 damp and mould or the private rented sector. A further 0% or 1 local authority provided an estimate of 51.4% but based this on a sample of properties inspected that was not reflective of typical properties in their area. This estimate was considered an outlier. These have been excluded from Figure 1.1 and the findings above.

Property inspections identifying category 1 damp and mould hazards

Figure 1.2: Complaints inspections where category 1 damp and mould hazards were identified, 2019-20 to 2021-22

14. In 2019-20, 1,823 property inspections triggered by complaints regarding damp and mould resulted in category 1 damp and mould hazards being identified. In 2020-21, the equivalent figure was 1,382 inspections. In 2021-22, the equivalent figure was 1,673 inspections.

15. Local authorities were asked to provide data for 2019-2020, 2020-2021, and 2021-2022. Percentages are therefore based on the total sum of 927, reflecting the experiences of 309 local authorities across three years. 86% or 793 responses have been included in Figure 1.2 and the findings above. 13% or 121 responses did not contain an estimate. The most common reason for this was that the relevant data could not be extracted due to limitations in data systems. A further 10 responses contained inspection figures but did not specifically link these to category 1 damp and mould hazards. A further 2 responses provided figures in excess of their total number of inspections. These have been excluded from Figure 1.2 and the findings above.

Figure 1.3: Licensing inspections where category 1 damp and mould hazards were identified, 2019-20 to 2021-22

16. In 2019-20, 404 property inspections triggered by discretionary licensing schemes resulted in category 1 damp and mould hazards being identified. In 2020-21, the equivalent figure was 290 inspections. In 2021-22, the equivalent figure was 490 inspections.

17. Across the three reporting periods, 77% or 716 responses have been included in Figure 1.3 and the findings above. 23% or 210 responses did not contain an estimate. The most common reason for this was that the relevant data could not be extracted due to limitations in data systems. One further response contained inspection figures but did not specifically link these to category 1 damp and mould hazards. These have been excluded from Figure 1.3 and the findings above.

Figure 1.4: Stock modelling inspections where category 1 damp and mould hazards were identified, 2019-20 to 2021-22

18. In 2019-20, 543 property inspections triggered by stock modelling resulted in category 1 damp and mould hazards being identified. In 2020-21, the equivalent figure was 13 inspections. In 2021-22, the equivalent figure was 613 inspections.

19. Across the three reporting periods, 54% or 497 responses have been included in Figure 1.4 and the findings above. 46% or 430 responses did not contain an estimate. The most common reason for this was stock modelling having not been undertaken, or category 1 damp and mould hazards not being isolated as part of this. These have been excluded from Figure 1.4 and the findings above.

Figure 1.5: Other inspections where category 1 damp and mould hazards were identified, 2019-20 to 2021-22

20. In 2019-20, 44 property inspections triggered by reasons other than complaints, licensing or stock modelling, resulted in category 1 damp and mould hazards being identified. In 2020-21, the equivalent figure was 69 inspections. In 2021-22, the equivalent figure was 40 inspections.

21. Across the three reporting periods, 61% or 570 responses have been included in Figure 1.5 and the findings above. 39% or 357 responses did not contain an estimate. The most common reason for this was that local authorities did not undertake inspections for reasons other than complaints, licensing and stock modelling. These have been excluded from Figure 1.5 and the findings above.

Category 2 damp and mould hazards

Estimate of category 2 damp and mould hazards across private rented sector properties

22. Local authorities were asked to estimate the proportion of private rented properties in their areas with category 2 damp and mould hazards. Under the HHSRS, all assessable hazards in a residential property are classed as either category 1 or category 2. This means that if a hazard is not category 1 then it will automatically be category 2, even if the likelihood of harm within the next 12 months is considered extremely unlikely.

23. We did not specify what type of category 2 damp and mould hazards local authorities should have included in their estimates. For example, whether this should have included all category 2 damp and mould hazards or just those that were high-ranking (bands D and E under the HHSRS). Local authorities therefore differed in their estimates, depending on their interpretation of the question. For example, some estimated 99% or 100% of their private rented properties to have category 2 damp and mould hazards, whereas others only provided an estimate for those considered high-ranking.

24. Due to the wide variation in the responses, it was not possible to establish an average percentage estimate for the proportion of private rented sector properties with category 2 damp and mould hazards.

Property inspections identifying category 2 damp and mould hazards

Figure 1.6: Complaints inspections where category 2 damp and mould hazards were identified, 2019-20 to 2021-22

25. In 2019-20, 7,088 property inspections triggered by complaints regarding damp and mould resulted in category 2 damp and mould hazards being identified. In 2020-21, the equivalent figure was 4,860 inspections. In 2021-22, the equivalent figure was 6,944 inspections.

26. Across the three reporting periods, 82% or 762 responses have been included in Figure 1.6 and the findings above. 16% or 148 responses did not contain an estimate. The most common reason for this was that the relevant data could not be extracted due to limitations in data systems. A further 2% or 17 responses contained inspection figures but did not specifically link these to category 2 damp and mould hazards or private rented sector properties. These have been excluded from Figure 1.6 and the findings above.

Figure 1.7: Licensing inspections where category 2 damp and mould hazards were identified, 2019-20 to 2021-22

27. In 2019-20, 1,874 property inspections triggered by discretionary licensing schemes resulted in category 2 damp and mould hazards being identified. In 2020-21, the equivalent figure was 1,064 inspections. In 2021-22, the equivalent figure was 1,667 inspections.

28. Across the three reporting periods, 73% or 678 of the 927 total responses have been included in Figure 1.7 and the findings above. 27% or 246 responses did not contain an estimate. The most common reason for this was that the relevant data could not be extracted due to limitations in data systems. Some local authorities also reported that they only record high ranking category 2 hazards. A further 0% or 3 responses contained inspection figures but did not specifically link these to category 2 damp and mould hazards or private rented sector properties. These have been excluded from Figure 1.7 and the findings above.

Figure 1.8: Stock modelling inspections where category 2 damp and mould hazards were identified, 2019-20 to 2021-22

29. In 2019-20, 173 property inspections triggered by stock modelling resulted in category 2 damp and mould hazards being identified. In 2020-21, the equivalent figure was 81 inspections. In 2021-22, the equivalent figure was 124 inspections.

30. Across the three reporting periods, 53% or 495 responses have been included in Figure 1.8 and the findings above. 47% or 432 responses did not contain an estimate. The most common reason for this was stock modelling having not been undertaken, or category 2 damp and mould hazards not being isolated as part of this. These have been excluded from Figure 1.8 and the findings above.

Figure 1.9: Other inspections where category 2 damp and mould hazards were identified, 2019-20 to 2021-22

31. In 2019-20, 215 property inspections triggered by reasons other than complaints, licensing or stock modelling, resulted in category 2 damp and mould hazards being identified. In 2020-21, the equivalent figure was 102 inspections. In 2021-22, the equivalent figure was 143 inspections.

32. Across the three reporting periods, 64% or 589 responses have been included in Figure 1.5 and the findings above. 36% or 338 responses did not contain an estimate. The most common reason for this was that local authorities did not undertake inspections for reasons other than complaints, licensing and stock modelling. These have been excluded from Figure 1.9 and the findings above.

Total property inspections

33. Local authorities were also asked to estimate how many inspections they had undertaken overall. This included, but was not limited to, inspections undertaken in response to complaints, licensing and/or stock modelling.

Figure 1.10: Total inspections, 2019-20 to 2021-22

34. In 2019-20, 70,135 inspections were undertaken. In 2020-21, the equivalent figure was 38,492 inspections. In 2021-22, the equivalent figure was 69,212 inspections. 4% or 13 local authorities explicitly referred to the impact of Covid-19 restrictions when reporting lower inspection figures for 2020-21.

35. Across the three reporting periods, 88% or 816 responses have been included in Figure 1.10 and the findings above. 10% or 90 responses did not contain an estimate. The most common reason for this was that the relevant data could not be extracted due to limitations in data systems. 2% or 19 responses provided partial information, most commonly only stating figures for inspections undertaken in relation to damp and mould or under licensing schemes. 0% or 2 responses did not directly answer the question. These have been excluded from Figure 1.10 and the findings above.

Chapter 2: Enforcement action taken on damp and mould

36. Under the Housing Act 2004, local authorities have a duty to take enforcement action on category 1 hazards and a power to take enforcement action on category 2 hazards.

37. Local authorities can use a range of enforcement measures under the Act to remediate hazards. These include improvement notices, hazard awareness notices and emergency remedial action. Since 2016, local authorities have also had the option to issue civil penalty notices instead of pursuing prosecution for certain housing offences.

38. Local authorities were also asked to estimate the number of formal and informal enforcement actions, including detail on the use of improvement notices, civil penalty notices and prosecution (pursued and successful). This data was provided for 2019-2020, 2020-2021, and 2021-2022, respectively. References within this chapter to the number of responses that were included and excluded from analysis have therefore been provided on a summary basis across the three years.

Formal and informal enforcement action on damp and mould

Figure 2.1: Formal and informal enforcement action taken on damp and mould hazards, 2019-20 to 2021-22

39. In 2019-20, 14,769 formal and informal enforcement actions were taken on damp and mould hazards. In 2020-21, the equivalent figure was 12,024 enforcement actions. In 2021-22, the equivalent figure was 14,493 enforcement actions. Local authorities interpreted informal enforcement action in different ways. For example, some local authorities defined advice to tenants and landlords as informal enforcement action, however others defined this as informal work, but not action.

40. Across the three reporting periods, 93% or 861 responses have been included in Figure 2.1 and the findings above. 7% or 66 responses did not contain an estimate. The most common reason for this was that the relevant data could not be extracted due to limitations in data systems. These have been excluded from Figure 2.1 and the findings above.

Figure 2.2: Improvement notices issued in relation to damp and mould hazards, 2019-20 to 2021-22

41. In 2019-20, 1,692 improvement notices were issued in relation to damp and mould hazards. In 2020-21, the equivalent figure was 1,019 improvement notices. In 2021-22, the equivalent figure was 1,593 improvement notices.

42. Across the three reporting periods, 95% or 883 responses have been included in Figure 2.2 and the findings above. 5% or 44 responses did not contain an estimate. The most common reason for this was that the relevant data could not be extracted due to limitations in data systems. A further 0% or 4 responses contained figures on improvement notices but did not specifically link these to damp and mould hazards. These have been excluded from Figure 2.2 and the findings above.

Figure 2.3: Civil penalty notices issued in relation to damp and mould hazards, 2019-20 to 2021-22

43. In 2019-20, 107 civil penalty notices were issued in relation to damp and mould hazards. These were spread across 10% or 32 of local authorities who provided returns. One local authority pursued 14% or 15 of the total 107 civil penalty notices reported.

44. In 2020-21, the equivalent figure was 110 civil penalty notices. These were spread across 12% or 38 of local authorities who provided returns. One local authority pursued 18% or 20 of the total 110 civil penalty notices reported. This is a different local authority to the one noted above in relation to civil penalty notices issued in 2019-20.

45. In 2021-22, the equivalent figure was 105 civil penalty notices. These were spread across 13% or 39 of local authorities who provided returns. One local authority pursued 10% or 10 of the total 105 civil penalty notices reported. This is a different local authority to those noted above in relation to civil penalty notices issued in 2019-20 and 2020-21, respectively.

46. Across the three reporting periods, 98% or 904 responses have been included in Figure 2.3 and the findings above. 2% or 23 responses did not contain an estimate. The most common reason for this was that the relevant data could not be extracted due to limitations in data systems. A further 0% or 3 responses contained figures on improvement notices but did not specifically link these to damp and mould hazards. These have been excluded from Figure 2.2 and the findings above.

Figure 2.4: Pursued prosecutions and successful prosecutions in relation to damp and mould hazards, 2019-20 to 2021-22

47. In 2019-20, 50 prosecutions were pursued in relation to damp and mould hazards. These were spread across 6% or 18 of local authorities who provided returns. One local authority pursued 30% or 15 of the total 50 prosecutions reported. In the same period, 49 prosecutions in relation to damp and mould hazards were successful. These were spread across 6% or 18 of local authorities who provided returns. One local authority pursued 31% or 15 of the total 49 successful prosecutions reported.

48. In 2020-21, 23 prosecutions were pursued in relation to damp and mould hazards. These were spread across 3% or 10 of local authorities who provided returns. One local authority pursued 43% or 10 of the total 23 prosecutions reported. In the same period, 22 prosecutions in relation to damp and mould hazards were successful. These were spread across 3% or 9 of local authorities who provided returns. One local authority pursued 45% or 10 of the total 22 prosecutions reported.

49. In 2021-22, 27 prosecutions were pursued in relation to damp and mould hazards. These were spread across 5% or 15 of local authorities who provided returns. One local authority pursued 22% or 6 of the total 27 prosecutions reported. In the same period, 21 prosecutions in relation to damp and mould hazards were successful. These were spread across 4% or 11 of local authorities who provided returns. One local authority pursued 29% or 6 of the total 21 prosecutions reported.

50. Across the three reporting periods, for prosecutions pursued, 98% or 910 responses have been included in Figure 2.4 and the findings above. 2% or 17 responses did not contain an estimate. The most common reason for this was that the relevant data could not be extracted due to limitations in data systems. These have been excluded from Figure 2.4 and the findings above.

51. Across the three reporting periods, for successful prosecutions, 91% or 848 responses have been included in Figure 2.4 and the findings above. 9% or 79 responses did not contain an estimate. The most common reason for this was that the relevant data could not be extracted due to limitations in data systems. These have been excluded from Figure 2.4 and the findings above.

52. There was not sufficient detail within the data provided by local authorities to establish whether successful prosecutions across the three reporting periods related to those pursued over the same timeframe.

Treatment of complaints regarding damp and mould

53. Local authorities described a range of policies, plans and strategies for dealing with complaints regarding damp and mould. There was wide variation in the overall timelines for local authorities to respond to complaints, with some, for example, responding on the same day and others within six weeks. The use of a triage process was common. In some instances, this included a commitment to respond quickly (for example, within 48 hours) on urgent cases. Some local authorities also highlighted prioritising cases where children under 14 years of age are present.

Chapter 3: Enforcement capacity and capability

Enforcement team sizes

54. Local authorities were asked to estimate full-time equivalent (FTE) staff working on private rented sector standards, enforcement and licensing. This included Environmental Health Officers, administrative and managerial staff, but excluded legal resource. It also did not include staff who only worked on the Domestic Minimum Energy Efficiency Standard Regulations. These regulations set a minimum energy efficiency level for domestic private rented properties.

Figure 3.1: Enforcement team sizes

55. A total of 2,406 FTE staff were reported. The lowest FTE reported was 0 FTE. The highest FTE reported was 133.5 FTE. The most common team size, reported by a third of authorities, was greater than 2 FTE, up to and including 5 FTE. The 13 local authorities (4%) who reported above 30 FTE all operate discretionary licensing schemes.

56. 99% or 307 local authorities provided estimates that have been included in Figure 3.1 and the findings above. 1% or 2 local authorities were unable to provide an estimate, with no reason given for this. These have been excluded from Figure 3.1 and the findings above.

Factors affecting enforcement action

57. Local authorities were given the opportunity to rank and comment on whether the following factors had impacted enforcement action on damp and mould:

• capacity
• experience and expertise
• strategic prioritisation of private rented sector enforcement
• limited data on private rented properties

58. Over 60% of local authorities noted capacity as having the highest or second highest impact on enforcement action relating to damp and mould. Where they noted the actions they had taken to address this, such as recruitment campaigns, local authorities also pointed towards the overall lack of sufficiently qualified and experienced Environmental Health Officers. Some local authorities reported that this had left them unable to fill vacant posts or increase their enforcement capacity. Several local authorities mentioned devising alternate strategies to recruitment, including restructuring to create apprenticeship posts, and encouraging existing staff already working in regulatory roles to retrain in housing enforcement.

59. Local authorities pointed towards improvements that could be made to legislation, such as shortening appeal notice periods under the Housing Act 2004. Over 53% or 163 local authorities also highlighted that the current HHSRS rating system does not allow for an effective assessment of how serious and dangerous damp and mould is in residential properties. Suggested changes included introducing a minimum standard for private rented sector properties to make it easier for local authorities to enforce and landlords to understand and comply with.

60. Several local authorities noted that a register or database of private landlords would help them to know where private rented sector properties are. They also reported that they often rely on tenant complaints to identify private rented sector properties, and tenants may be reluctant to complain about damp and mould due to fear of retaliatory action by landlords.

61. Experience and expertise were generally seen as less of an issue, although some local authorities noted the interaction of these factors with recruitment challenges. For example, experience and expertise could become a more significant barrier to enforcement where staff were due to retire and there was not a high likelihood of replacing them with similarly skilled and qualified staff.