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Advice for landlords and tenants

Everyone should have the opportunity to live in a safe and healthy home. We work with private landlords, tenants and home owners to improve the quality of people's homes. We provide licences for landlords. If necessary, we can require repairs or carry out improvements to a residential property so that it meets minimum housing standards.

You can find more information about rights and responsibilities for both tenants and landlords on the Government's private renting pages.

Private landlords are responsible for ensuring their properties are safe and free from health hazards. The National Residential Landlords Association (NRLA) has information on making sure you are renting a safe and secure home.

Damp and mould

There are three common types of damp; these are rising damp, penetrating damp and condensation. Too much moisture causes damp and mould. Read below for further information on what causes it, preventative measures that you can take and what to do if you have a problem with damp and mould.

Rising damp

Rising damp happens when water rises from the ground through the floor and into the walls of the building. You can often see rising damp because it leaves a tide mark low down on affected walls.

Rising damp on a wall

Penetrating damp

Penetrating damp happens when water seeps into a building through walls, roofs or below ground areas. This can happen when:

  • pipes are leaking or plumbing is damaged
  • areas around sinks, showers or baths are damaged, eg cracked grouting or sealant worn out
  • the roof or rendering is damaged
  • the gutters are blocked

Penetrating damp on a wall

Condensation

Condensation occurs when warm humid air (e.g. from cooking, showering or drying washing) hits a cold surface such as windows and external walls. Condensation is common in areas of the dwelling where there is little movement of air, e.g.

  • near or on windows
  • cold wall surfaces
  • in or behind furniture and wardrobes
  • in corners
  • on north facing walls

If a property doesn't have good ventilation and heating, condensation can cause mould and other fungi, certain species of house dust mites, bacteria or viruses. Mould is a type of fungus which grows in damp conditions. Its spores can cause or make some medical conditions worse, such as:

  • respiratory infections such as bronchitis
  • allergies
  • asthma
  • eczema

Damp and mould can also contribute to a person experiencing poor mental health due to their living conditions.

Black mould on windows

How to prevent condensation and mould

  • Reduce moisture by wiping any damp or wet surfaces
  • Heating - maintain a low-level consistent temperature and avoid temperature fluctuations
  • Ventilate - keep a window slightly open to allow moist air out and keep trickle vents open if you have them
  • Keep doors to kitchen or bathroom closed after having a shower/bath or during cooking and use the extractor fan if there is one
  • Remove mould as soon as you see it by cleaning the area with a fungicidal wash/spray (follow any instructions carefully)
  • Dry the area thoroughly.

If you're having issues with mould and damp in your property:

  • Contact your landlord to report the issue
  • Do this in writing so there is a clear timeline of when the issue was reported
  • Describe the problem/s and ask your landlord to investigate and do the necessary repairs or improvements
  • Do not stop paying your rent. This can put you at risk of being served an eviction notice
  • If your landlord does not investigate the problem within a reasonable amount of time, download and complete our housing service request form; you can either print and post or email it to us at envhealth@cheltenham.gov.uk. Please also include a photo of each entire room in your property and also of the damp issue.

 

PDF Icon Housing Service Request Form - pdf - 239 Kb

 

Further advice and guidance resources

Energy efficiency

An Energy Performance Certificate (EPC) shows the energy efficiency of a home. It uses a rating from A to G which allows prospective owners and tenants to consider the affordability of a home in terms of the likely heating and lighting costs.  

Landlords and homeowners must provide tenants or owners with a free copy of the EPC.  An EPC is not required for any property that was occupied before 1 October 2008 and continues to be occupied by the same tenant. An EPC survey must be carried out by an accredited domestic energy assessor who should visit your home. You can search for an accredited assessor using the EPC Register. 

Under the Minimum Energy Efficiency Standards, privately rented homes meet basic energy efficiency requirements.  Landlords cannot grant a new lease or tenancy for a property with an Energy Performance rating below ‘E’.  It is also a legal requirement for properties with existing leases and tenancies to have a minimum EPC rating of E.  

Fire and gas safety

Fire safety precautions in rented properties are essential. Use the Housing fire safety guidance issued by Local Authorities Coordinators of Regulatory Services. 

Landlords must install working smoke alarms in rental properties. GOV.UK has advice for landlords on smoke and carbon monoxide alarms.

Appliances must be checked at least once a year. Keep your record of inspection available so that inspectors can view it when they visit. Gas Safe Register ensures competent standards for all gas fitters. The Health and Safety Executive (HSE) also has gas safety advice.

If you think there is a gas leak or any other gas emergency call the emergency line on 0800 111 999.

Overcrowding

Overcrowding can lead to physical and mental health problems.

The Housing Health and Safety Rating System  evaluates potential risks to health and safety of occupiers or visitors from any deficiencies identified in homes. 

If you think you may be living in overcrowded home please complete the housing service request form and email to envhealth@cheltenham.gov.uk.

PDF Icon Housing Service Request Form - pdf - 239 Kb

 

Redress scheme

It is a legal requirement for all letting agents and property managers in England to belong to one of the government approved redress schemes:

This means that tenants and landlords are able to complain to an independent body if they have any issues.

Right to rent

Within 28 days before the start of a new tenancy, landlords must make checks to make sure tenants are legally allowed to rent property. They must check people aged 18 and over living in the property, whether they are named in the tenancy agreement or not. This applies to all types of tenancy agreements, written or oral.

Tenants in some types of accommodation (for example, social housing and care homes) will not need to be checked.

GOV.UK has information on how to check a tenant is legally able to rent your property.

Housing Health and Safety Rating System (HHSRS)

Housing standards are now assessed using the housing health and safety rating system (HHSRS) which was introduced under the Housing Act 2004 and replaced the old fitness standard. The HHSRS is a risk assessment approach which considers whether defects identified within a property affect the health and safety of the occupants of that property. It is applicable to all owners and landlords, including social landlords.

The legislation lists 29 different hazards including:

  • damp and mould growth
  • excess cold
  • crowding and space
  • domestic hygiene and pests
  • fall hazards
  • fire and electrical safety
  • collision and entrapment hazards

One of our officers will visit the property to

  • identify any defects
  • assess whether these defects are likely to cause an accident or ill health to the occupiers
  • assess how severe the outcome could be arising from the defect or deficiency

A calculation is then carried out and each hazard assessed to produce a final score. The final score is divided into bands ranging from A to J. If the hazard falls within bands A  to C, the hazard is termed a ‘category 1’ hazard. Category 1 hazards are deemed to be the most serious and we have a duty to take action to remedy or reduce these hazards.

Any hazard scores falling in the D to J banding are ‘category 2’ hazards. Category 2 hazards may also be subject to enforcement powers, however each case is individually assessed and the appropriate enforcement action will be chosen which reflects the circumstances concerned.

I have defects in my property, how can I get them resolved?

If you are a tenant, the first thing you must do is to contact your landlord (or the letting agent) to advise them of the defect and ask them to carry out any works required to remedy the defect. This request must be done in writing and the landlord has 14 days to come back to you with a reasonable response and timescale in which action will be taken.

If the landlord does not come back with a reasonable response or no action is taken, then please download and complete the housing service request form to request further advice and an inspection if necessary; you can either print and post or email it to us at envhealth@cheltenham.gov.uk.

PDF Icon Housing Service Request Form - pdf - 239 Kb

Housing health and safety rating system (HHSRS) inspections

If your landlord is not taking any action to remedy issues in your property, please download and complete the housing service request form; you can either print and post or email it to us at envhealth@cheltenham.gov.uk.

PDF Icon Housing Service Request Form - pdf - 239 Kb

An officer will contact you to arrange an appointment to inspect the property. We must notify the landlord or agent of the inspection and the landlord or agent may wish to be present during the inspection.

During the inspection, the officer will examine all parts of the home to identify any defects present. Following the inspection, the officer will carry out a HHSRS assessment and will decide whether enforcement action is necessary to fix any defects identified. Local authorities are advised to try to deal with problems informally at first where possible.

There are several types of action we can take to require the landlord to fix the hazards and these include:

  • Hazard awareness notice (HAN) – This is an informal notice advising the person on whom it is served that a hazard exists at the property
  • Improvement notice – A formal notice that gives instructions to rectify any hazards or deficiencies. Failure to comply with the notice could incur a fine up to £5,000
  • Prohibition order – A formal notice served on the property which prohibits use of the building or part of it
  • Emergency remedial action and emergency prohibition order – Formal action taken when a category 1 hazard has been identified which causes an imminent risk to the occupiers

People who have been served a formal notice can appeal to the first tier property tribunal.

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