Concern as Awaab’s Law to stop bad housing won't apply in Scotland

The Scottish Housing Regulator has sent a letter to landlords giving advice on the tackling the problem saying that they should "consider the systems they have in place to ensure their tenants’ homes are not affected by mould and dampness and that they have appropriate, proactive systems to identify and deal with any reported cases of mould and damp timeously and effectively".

In November, a coroner concluded that two-year-old Awaab Ishak had died as a result of damp and mould in his home, which was managed by Rochdale Boroughwide Housing (RBH).

And last month Mr Gove announced amendments to the Social Housing (Regulation) Bill which would put into statute the need for housing associations to meet set timeframes for inspecting damp and mould, and carrying out urgent repairs. The exact timeframes would be set following consultation later this year.

Other changes would see clear information provided to tenants on their rights. Following extensive campaigning by Grenfell United, the Bill will also require housing managers to have professional qualifications for their role, while social landlords will be subject to inspections.

The rules will form part of the tenancy agreement, so tenants can hold landlords to account by law if they fail to provide a decent home.  Mr Gove said landlords that “continue to drag their feet over dangerous damp and mould will face the full force of the law”.

The Scottish Tenants' Association says that non-statutory guidance in Scotland is not enough and called for a strong Awaab's Law in Scotland that is "rigorously enforced".

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They said: "Such a law must not blame the lifestyle of tenants in Scotland but instead focus on the serious problems of damp and mould to be sorted out with sufficient financial resources deployed by the Scottish Government and all landlords.

"The current thinking in Scotland to deploy voluntary guidance only is a get out by landlords in Scotland to not spend real resources to eradicate damp and mould and will inevitably focus on blaming tenant’s lifestyles for damp and mould."

It comes three months after Scotland's biggest publicly funded housing association was condemned for a failure to track the full extent of damp and mould problems in their rented properties leading to serious health concerns.

The controversy surfaced a matter of days after toddler Awaab Ishak died from a respiratory condition caused by exposure to mould in his socially rented home.

Awaab Ishak's father repeatedly raised the issue with Rochdale Boroughwide Housing (RBH) but no action was taken.

The case sparked a national debate about standards in social housing with echoes of the Grenfell disaster, which was preceded by a social landlord failing to properly listen to tenants’ complaints.

In November, the Wheatley Group which owns or manages homes in 19 of Scotland's 32 local authority areas, admitted that it does not "place any particular marker" on its properties to identify if they have damp and mould problems.

It was responding to a Freedom of Information request from concerned tenants asking Wheatley, the UK’s fourth largest housing group how many of the total social housing stock had damp and mould problems in each of the last two years.

In response, Scotland's housing regulator published guidance for tackling damp and mould.

And leading housing organisations have come together to run a programme of events and guidance to help frontline staff take a proactive approached to damp or mould in social homes.

The Scottish Housing Regulator shared Scotland-specific guidance on good practice with the sector following an online masterclass due to be held last month.

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The regulator said that the non-statutory guidance recognises that issues of damp and mould are "often multi-layered, and solutions can include both tackling problems with the property and supporting tenants with any issues that may affect the experience of living in that home, particularly with the rising cost of energy and other living costs".

A Putting Safety First circular put together by regulator in associaton with housing associations and the Chartered Institute of Housing seen by the Herald tells landlords: "The fundamental role of social landlords is to provide tenants with safe homes to live in. This includes effectively and promptly resolving issues in homes which pose a danger to health and wellbeing, including damp and/ or mould. If damp and mould are left untreated for long periods, health problems can be serious or, in extreme cases, fatal.

Responding to damp and mould primarily or initially as a lifestyle problem is inappropriate and ineffective.

"Taking this approach creates a negative impression with tenants who may feel blamed and stigmatised, and potentially less inclined to report further instances of the problem, creating more areas of ‘silence’ and long-term deterioration of the property.

"The best way for landlords to prevent problems with damp and mould developing and potentially harming tenants’ wellbeing is to take a proactive approach to identifying any issues across their stock."

An analysis by the Fraser of Allander Institute highlighted damp and overcrowded accommodation as a factor in the dramatic stalling of improvements in living standards in Scotland.

Previous housing condition surveys in Scotland had shown a decrease in the number of properties reporting issues with damp conditions over the past decade, but suggested that lower income households were still the worst affected.

Sean Clerkin, campaign co-ordinator with the STO added: "The voice of tenants in Scotland must be heard and not crowded out by cost conscious Landlords. We must have Awaab's Law in Scotland.

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The housing regulator said it was for the Scottish Government to comment on any potential statutory provisions.

A Scottish Government spokesperson said: “Social landlords are already required to meet the Scottish Housing Quality Standard which requires properties to be free from damp, have adequate ventilation and be suitably insulated and they are required to ensure any requests for repairs are carried out in a timely fashion. Compliance is monitored by the Scottish Housing Regulator.

“The regulator is currently working with social housing providers to identify best practice in dealing with damp and mould and is expected to publish updated guidance shortly. If landlords fail to comply, tenants can escalate complaints to the Scottish Public Sector Ombudsman.”