The Damp Debate: When "Lifestyle" Meets Landlord Law

The UK’s new Renters’ Rights Act significantly raises the bar for property maintenance.2 Landlords can no longer simply blame "lifestyle choices" for mould.3 This article explores why the law favors tenants and how landlords can use smart technology to monitor irresponsible property use.

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Why Landlords are Held Responsible (Despite Tenant Behavior)

Under the new legislation, the government has explicitly stated that "lifestyle" is no longer a valid defense in most cases.⁴ There are three primary reasons for this:

1. The "Unavoidable Life" Argument: Activities like cooking, bathing, and drying clothes are considered "unavoidable" daily tasks.⁵ If a property cannot handle the moisture from these basic activities, the law views it as a structural or ventilation failure, not tenant negligence.

   Fuel Poverty Realities: Many tenants do not heat rooms because they cannot afford energy bills. The courts have argued that a home must be "thermally efficient" enough that it doesn't require excessive (and expensive) heating just to stay dry.

   The Burden of Proof: The law assumes that if mould exists, the building’s ventilation or insulation is insufficient. To prove "tenant misuse," a landlord must now demonstrate that the property was equipped with adequate, working ventilation that the tenant actively disabled.

How Landlords Can Monitor Irresponsible Use

To protect their investment and provide evidence in disputes, landlords are turning to "PropTech" and proactive management:

• Smart Hygrometers: Installing Wi-Fi-enabled humidity and temperature sensors.⁶ These devices log data over time. If a tenant claims damp but the logs show the heating was never turned on and humidity remained at 80%, the landlord has data to defend their position.

• Property Logbooks: Providing a "Home Manual" that specifies how to use trickle vents and extractor fans. If these instructions are ignored, it strengthens the landlord's case.

• Mandatory Inspections: Regular, documented 3-month or 6-month checks focusing on "red flags" like blocked air vents or tumble dryer vents being disconnected.

• Energy Efficiency Upgrades: Installing "constant-flow" extractor fans that cannot be turned off by the tenant, ensuring a minimum level of airflow regardless of "lifestyle."

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