# Ventilation in Rental Property



## Clohass (6 Jun 2014)

Hi I have a question relating to Ventilation of a Bathroom in a Rented Property. I want to ensure that the property meets the standards required.

'Article 9 Ventilation 
-All habitable rooms must have adequate ventilation, maintained in good repair and working order. Kitchens and bathrooms must be provided with adequate ventilation for the removal of water vapour to the external air.'

My query relates to the bathroom. This has a normal wall vent and a window which opens outwards. There is no evidence of Mould, Mildew or any other problems associated with inadequate ventilation in this room, nor has there been since the house was built (19 years). I have owned this house from when it was built. In the event of a County Council Inspection/PRTB can they decide that this arrangement is 'inadquate' and state that a Mechanical extractor is required to comply with article 9? 

I can't find any reference or explicit definition of 'adequate' and it strikes me as quite loose.

I'd welcome any input based on experience.


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## Guns N Roses (6 Jun 2014)

You're right Clohass. The defination is loose and will come down to how the Local Authority Inspectors interpret the Regulations. However I'm not aware of any reference in the Regulations requiring mandtory mechanical ventilation. This would usually only apply in an internal bathroom with no external window opening.

I would deem having no evidence of mould, a typical wall vent and an openable window as meeting the regulations.

From your description, it seems that you have nothing to worry about. Most Local Authority Inspectors will take a reasonable practical approach when preparing their reports. They're not out to make life difficult for landlords.

I would pay more attention to the area of the Regulations that deals with fire as this is where most properties fail. Make sure you provide a fire blanket and that your smoke alarms are mains wired and/or 10 year battery type. The old 9v battery models are now obselete.


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## facetious (6 Jun 2014)

You will find that some council inspectors define the regulations as requiring a mechanical extraction system.

Just because there is no signs of mould now does not mean that a tenant will open a window /keep sufficient heat in the bathroom to prevent mould.


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## Clohass (6 Jun 2014)

Tks for the replies folks. Is the Inspectors view final or can this be discussed. I'd stress that I'm not looking to circumvent any regulations and if there was inadequate ventilation I would have addressed it long before any inspection or if the tenants had ever raised this as a request.


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## delgirl (7 Jun 2014)

facetious said:


> You will find that some council inspectors define the regulations as requiring a mechanical extraction system.
> 
> Just because there is no signs of mould now does not mean that a tenant will open a window /keep sufficient heat in the bathroom to prevent mould.


Yes indeed, according to an inspection report I received from Wexford Co Co, and subsequent conversations with the inspector, mechanical extraction to the exterior of the property is required even where a window is present.

The extractor fan also has to have a 15 minute overrun.


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## Guns N Roses (7 Jun 2014)

delgirl said:


> Yes indeed, according to an inspection report I received from Wexford Co Co, and subsequent conversations with the inspector, mechanical extraction to the exterior of the property is required even where a window is present.
> 
> The extractor fan also has to have a 15 minute overrun.



I believe Wexford County Council are wrong in their interpretation of the Regulations.

Nowhere in the HOUSING (STANDARDS FOR RENTED HOUSES) REGULATIONS 2008 or the subsequent HOUSING (STANDARDS FOR RENTED HOUSES)(AMENDMENT) REGULATIONS 2009 does it say mechanical extraction is required.

http://www.citizensinformation.ie/e...intenance_and_minimum_physical_standards.html

http://www.environ.ie/en/Legislation/DevelopmentandHousing/Housing/FileDownLoad,19142,en.pdf

http://www.environ.ie/en/Legislation/DevelopmentandHousing/Housing/FileDownLoad,21710,en.pdf


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## delgirl (7 Jun 2014)

That may well be, but in the letter I received from them it states:-

"You are in contravention of The Housing (Standards for Rented Houses) Regulations 2008 and 2009 in relation to the following matters:-

- extractor fan in the ensuite must be piped to external air with a 15 minute overrun;
- extractor fan in the main bathroom must be piped to external air with a 15 minute overrun."

If the wording of the act is vague, which it is, then they can put their own interpretation on it.  Having been threatened if I didn't comply, I had this work and other improvements made to the tune of nearly €2,000.

They also couldn't explain how the original upstairs windows, which I had to replace as they did not meet fire safety regulations, were passed by the council's building inspector when the property was built.


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## Guns N Roses (7 Jun 2014)

delgirl said:


> That may well be, but in the letter I received from them it states:-
> 
> "You are in contravention of The Housing (Standards for Rented Houses) Regulations 2008 and 2009 in relation to the following matters:-
> 
> ...



Not all cases are the same Delgirl. It sounds like you already had mechanical vents but they weren't connected to external air. Allowing moist air from bathrooms to enter into the attic space is a common fault in many new builds.


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## horse (8 Jun 2014)

What is ridiculous about this is that the Council employees that are policing these regulations will reluctantly tell you if challenged that he council houses are exempt from these regulations!! You would think that they would lead by example.


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## Dermot (8 Jun 2014)

I totally agree with horse.  The Council's seem to have been made exempt on a wide variety of issues in comparison with the private landlord.  Why can Councils get away with offering lower standards to tenants than private landlords?.


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## Guns N Roses (8 Jun 2014)

Bear in mind the Regulations we're discussing are aimed at private rented accommodation and not Local Authority Housing. However my experience of most Local Authority Housing is that it is of a higher standard than most private housing estates build in the last few years. So much so that I've often wondered if I should jack in my job, give up my negative equity house and go on my local housing waiting list.


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