Sean Hooker: This cannot be allowed to continue

In my last blog, I cautiously speculated that, after the turmoil in the corridors of power, the long-promised reforms to the sector were back on track. I was also very pleased to have taken part in a Goodlord webinar, specifically on the plans for introduction of the Decent Homes Standards to the private sector.

To me - and, to be frank, all decent agents, landlords and operators in the sector - we all share the view that this part of the reforms is to be welcomed and will enhance and strengthen the sector.

A dark moment for the rented sector

Little did I imagine property conditions would be thrust even further into the spotlight, this time because of an appalling revelation - namely the coroner’s findings on the death of a toddler in Rochdale. My heart goes out to the family.

Awaab Ishak, according to the report, died as a result of inhaling mould spores, in the cold and damp flat he and his family were housed in. Their housing association was working with Rochdale Council to place vulnerable tenants.

The family’s complaints were ignored, and advice given to them to deal with the problem themselves has fallen far short of the standards expected. In addition, it is slowly being revealed that the organisation has had over a hundred complaints about mould and to me this suggests something systemic.

Of course, further investigations will take place, but this has a feel of a Grenfell scale tragedy.

Already we have seen the organisation’s CEO forcibly removed and Minister Gove writing to every local authority with instructions to provide evidence they are monitoring and tackling mould. More no doubt is yet to come.

Why does this concern the private rented sector?

This, I hear you cry, happened in the public housing sector, under the watch of the same local authorities that are expected to enforce standards in the private sector. Why are private landlords getting it in the neck?

Well, unfortunately, the knock-on effects of this will impact the private sector and this is going to have to be prioritised as a matter of urgency.

The reality is that the figures don't make good reading. One in ten private rented homes have serious mould issues, according to the English Housing Survey. The issue is complex, with properties in the private rented sector tending to be older and without modern methods of ventilation and construction.

The impact of changing tenant lifestyles 

I can also bear out that complaints from tenants against their agents on property condition are rising with the Property Redress Scheme. It is also an area of contention on how much tenant’s lifestyles are responsible for the buildup of condensation which is a contributing factor to mould.

A perfect storm may now exist in many properties, with tenants spending more time in their properties due to home working, the cost-of-living crisis, and soaring energy bills leading to under heated homes, a reluctance to ventilate by opening windows, not using extractor fans, and not using tumble driers - even if they have them - and instead drying clothes inside.

Changes to come for health and safety ratings?

It is clear, however, that something must change before another tragedy, which could easily be on a private landlord’s watch.

I suspect a change in pace on this particular issue, and it is not a surprise that a leaked document from the review of the Housing Health and Safety Rating System relating to guidance for local authority inspectors has been jumped on, as it indicates that “behavioural factors” can be considered in assessing the causes of condensation.

The government however has categorically stated that this is not pointing the finger of blame at tenants and will hold landlords to account for ensuring their properties are free from Category One Hazards as defined by the HHSRS.

This indicates that they are looking to go down the route that Wales has and with the Renting Homes (Wales) Act which kicks in on 1 December 2022 and puts the duty on the landlord to deal with the “matter”.

A wealth of advice on upping standards

So, what in the meantime can good landlords and their agents do? I certainly recommend regular inspections and I welcome Nick Lyon of No Letting Go and other leading voices' calls for professional quality inventories.

This will pick up issues and allow for proper management of any problems. I also believe that education on the challenges of the sector starting with the landlord and agents but not forgetting the tenants is essential.

We all have a role in this and the irony of this whole situation is that, before the tragic situation above was even on the radar, my team at Hamilton Fraser did a whole campaign last month, highlighting the issues of damp, mould and condensation.

Not for the first time, but stimulated by the current factors around energy, the environment and of course the impending colder autumn and winter months, the combined force of The Property Redress Scheme, mydeposits, Total Landlord Insurance and our agent advice line HF Assist, embarked on a series of articles, case studies, guides and checklists on how to deal with and prevent the causes of the issues.

The highlight of the campaign was one of our Property Podcasts, which I hosted with Paul Shamplina and we had as guests experts, Julie Ford who is one of the HF Assist advisors and one of our mediators at PRS Mediation, and mydeposits' Head of Dispute Resolution, Suzy Hershman.

I am also impressed by the work of Julie Ford, who has been an advocate against fuel poverty for years and has just launched a new initiative with the local Fire Service in Bedfordshire to help educate vulnerable tenants in how to save money on heating their homes and preventing hazards such as mould.

A call to action for the private rented sector

We have not heard the last of this matter and rightly so. The death of a little boy may be a defining moment, but we must all act now. It will be a challenge for some and lead to additional costs in these very tough times.

However, the sector has it within their control to change things before things are imposed on them.