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Council flat - serious damp/mould

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But if it is attributable to the building, L has a duty to make/keep it fit for human habitation.a

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Not true. The council has a department for that. They ask the landlord several times to put it right then after about a year they can fix it and bill them.

And if its council owned the building department is responsible. 

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I was a repairs clerk for a local authority years ago, and the majority of complaints about mould turned out to be caused by the resident.  If no other flat in a block nor the house next door has a mould problem, then it's probably  condensation.  It rarely occurs in summer, only takes open windows and warm air circulating to stop it.  If people must dry clothes indoor, then they should be near a source of heat, and the room must be ventilated.   Cooking veg on top of the stove with no ventilation - condensation.   Leaving a bathroom unventilated after showers/baths - condensation.

 

Of course landlords should look after the fabric of their buildings, but tenants have a duty of care too.

Edited by Ms Macbeth

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See s.9A added in 2018 to the Landlord and Tenant 1985

https://www.legislation.gov.uk/ukpga/1985/70/section/9A :

It begins thus:

 

9A. Fitness for human habitation of dwellings in England

(1) In a lease to which this section applies of a dwelling in England (see section 9B), there is implied a covenant by the lessor that the dwelling—

(a) is fit for human habitation at the time the lease is granted or otherwise created or, if later, at the beginning of the term of the lease, and

(b) will remain fit for human habitation during the term of the lease.

Edited by Jeffrey Shaw

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