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Are You Liable for Damp Proofing?


Most properties, at one point or another, will require some form of work regarding damp-related issues. If you are a home-owner, then the responsibility for identifying and resolving this is on you. However, if you are renting your property and believe there are problems with damp, determining who is liable for the issue can sometimes be a cause for contention.

During winter and the colder, wetter months, issues with damp are much more likely to become obvious in your home, which can be alarming for those who are renting – particularly around Christmas as this is an unexpected expense. If you are renting your property and a tenant spots the initial signs of damp, then it would be advisable to conduct a property survey to identify the problem sooner rather than later.

Understanding Damp in Your Property

The more you know about the problems you are having with damp, the better prepared you will be to ensure it is dealt with accordingly. There are a number of different types of damp that can occur in a property:

  • Condensation – this happens when there is a build-up of moisture in the property that it isn’t equipped for
  • Rising damp – this can happen both inside and outside your home. This is caused by the walls drawing moisture from groundwater with the brick wall acting like a wick.
  • Penetrating Damp – this can happen when there have been issues with external leaks that have made their way through walls into the interior of your home

Where Do You Stand?

If you find a problem with damp in your home, then determining who is liable for removing the issue is likely to be documented in the tenancy agreement prior to the tenancy commencing. However, in some cases, the cause of the issue is harder to pinpoint which can make it difficult to resolve, as the cause of damp is not always obvious.

So where do you stand?

According to the Citizens Advice, landlords are more likely to be responsible for rising damp and penetrating damp as these are usually down to the maintenance of the property. Damp issues that stem from excess condensation can be a little more tricky, particularly if there have been decorating materials used that aren’t as breathable. Preventing condensation is quick and easy, however, it is easy to slip up during the colder weather.

In most cases, tenants will report concerns about damp to their landlord and this will result in repairs being made accordingly. If you are still unsure about the cause of damp, then requesting a property survey can be a quick and easy way to figure out the extent of the problem, as well as identifying the root cause and type of damp you are dealing with.

For more information, please contact us for a quick chat about your concerns.

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