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Damp issue

Started by Shoshin, April 08, 2024, 07:28:35 PM

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Shoshin

Good evening
Need some advice on this issue
Property let via agent
New tenants moved in 8 weeks ago. Rang the agent to say problem with damp and mould. My agent instructed a damp proof company to inspect and there was a problem. The problem was fixed within 7 days at a cost of nearly £4000. The tenants had to move out for the night and were compensated £400. They agred to pay the remainder of the rent and I said I would pay for the redecoration. Now they refuse to pay the outstanding rent and are now saying there furniture has been damaged. Any advice from other landlords would be greatly appreciated and how you would proceed with this. Personally I think it is a scam but like I say any advice would be greatly appreciated
Thanks


heavykarma

I think you have done all that could possibly be expected of you.  It is up to the tenants to get insurance cover for their own possessions.  Personally I would offer to cancel the contract if they are not happy there, and return their deposit provided they continue to pay rent until they find somewhere else.  It might make them buck up their ideas. If the arrears go above a couple of months you could serve notice. I am sorry to say this does not auger well for the future. Greedy chancers.   

jpkeates

I suspect that the landlord is culpable here. The property had a problem causing damp and mould. The cost of the repair is academic, it's the landlord's cost regardless of how expensive it was, and the landlord should pay for the decoration. If the furniture is damaged, the landlord should compensate the tenant for their loss.

But this is a civilised discussion about setting things right. Point out to the tenants that they are not allowed to withhold rent unless you agree to that and, until they resume payment, no further discussion will be had, and notice will be served and a possession claim made. You should be prepared to discuss the issue, but not with a tenant who a) made an agreement and then reneged on it and b) isn't paying rent. That's not how things get done.

heavykarma

There is no suggestion that the landlord was previously aware of the problem, or that they hesitated in getting things put right as soon as they found out. It sounds as if the tenants are maybe taking advantage of the situation in order to get new furniture and live rent free. I don't think this landlord is trying to avoid paying all the reasonable costs involved.They have only mentioned the furniture now, when they were supposed to pay the balance of the rent due.   

jpkeates

I suppose it depends if the landlord (or agent) could/should have been aware of the issue before the tenancy began. Damp/mould doesn't just "happen" (although god knows if it's caused by rain, it might do at the moment!)

Shoshin

Thanks to both of you for the comments and advice

DPT

I must admit that my first thought was how could this happen! Surely a check-out inspection of the previous tenant or check-in inspection of the current one would have picked up that level of mould and damp. Does anyone let a property without even looking at it!

Shoshin

Dpt
When you work full time and you entrust your letting who fully manages the property to arrange cleaning and redecorating and says the flat is ready to rent you take his word for it. Also never had any previous tenants raise any problems or issues. The only thing Iam guilty of is having too much trust in my agent that's how