UK Landlord Forum / Life

Hello

I'm looking for some advice from other landlords out there for dealing with mould in their rented flats.

I have a first floor purpose built apartment which is rented out.  The bathroom has a skylight in with trickle vents only.  I previously lived there for a year and had no issues whatsoever with damp or mould.  Previous owners also no issues with mould.

Tenant has moved in and there is now mould throughout all bedrooms, I've been advised by agent that she showers with door open and leaves windows open in winter in an attempt to prevent the condensation in the bathroom.


She feels the mould is  unavaoidable due to the layout of the apartment.  I'm convinced otherwise, the costs of repairs are already high and will continue to increase no doubt.

Can any one give advice regarding legal situation here, how to get her to pay up, can I evict her etc?

All insights and advice appreciated

Thank you

Mould is nearly always due to lifestyle. I had a problem last winter with tenants who swore they were carrying out all the suggestions in the information I gave them.I had let the place out for many years,and never had problems,apart from the odd bit of mould in shower room,which has no window.This couple reported me to the E.H.who suggested different heaters and changing the timer on the shower extractor.I did all this,and bought them a dehumidifier,but they continued drying laundry  indoors and refused to spend on heating.Mould was even in the mattress and sofa.The council cleared me of all blame,and told them it was their fault.I evicted them,and a new tenant has had no problems.If she has not reported you to the council you can issue 21 2 months before the lease expires.Are you saying she has ceased paying rent,or are you asking about getting her to pay for clearing and painting? If the latter, you can claim from the deposit. 

Thanks for getting back.

She is still paying rent so no issue there so far.  She is saying outright that she is not going to pay for the restoration of the walls or for a mattress that she claims she had to through out. 

Re this 21 notice, is this just 2 months notice to vacate at the end of the contract?  Can she fight it or she has to go?  As far as I know she hasn't reported me to the council, can I issue a s21 now with 8 months notice to vacate? Just in case she does in the future.  I can claim the deposit against the damage but no doubt there'll be an argument there.

Where do we stand as landlords if one of the occupants gets ill from the mould they have created?

How did the council clear you of all blame? What evidence do they look at?


I'm considering installing an extractor fan in the bathroom, could this be construed as an admission of guilt?

Sorry about all the questions but I'm very new at all this, appreciate your help and advice.

S21 is a no blame notice to quit,so there is no counter-argument that the tenant can use.Is this just a few months into a new 12 months tenancy?
I have heard of landlords who give 21 to all tenants irrespective,as a safeguard,.Others will tell you if this is legal.

Do install an extractor,it will benefit in all ways.The woman of the couple had left her previous place due to mould.which she claimed put her in hospital with pneumonia.The man had lifelong asthma,but refused to allow fresh air into the flat.You can imagine I could not get them out fast enough.The EH reinspected after 6 weeks.I had kept them informed of the steps I had taken,and sent a report from an electrician working there who said they were refusing to use the new heaters,and had wet washing indoors.When the inspector went,she found much the same,pools of condensation everywhere. I had the impression she spent a lot of time on such complaints,and usually drew the same conclusion.You could get your own report done by a builder,but it would cost you.   

Yes I've looked in to that it's coming in at £310 for a damp surveyor to have a look at it.  Seems a waste seeing as I know it's her making the condensation and nothing structural. 

Yes we're only about 4 months in to the tenancy at this stage.

I'll look into the s21, thanks.

Any idea about evicting her now?  If she refuses to change her living habits, no matter what I do there will be continuous damage to the aparment.  By the time she moves out in 8 months, the damage will be so bad and the cost so high there will be little point taking her to court as she just won't have the money to repair it.

Quote from: Landlord202 on February 08, 2019, 11:58:48 AMYes I've looked in to that it's coming in at £310 for a damp surveyor to have a look at it.  Seems a waste seeing as I know it's her making the condensation and nothing structural.

Well, let's try to deal in facts - the fact is you don't know it's her. You suspect it. There's anecdotal evidence, at least, to suggest it and support what you feel, but you would put the argument to bed if you did get that professional report done. I think I would be at least talking to the Tenant and be saying something like you disagree that there's any issue with the property itself, but you are willing to engage a professional to assess the situation - if they come back and say it's the property then you'll pay for their work, and any remediation... but if they come back and say it's down to the Tenant's lifestyle (which you expect) then you would have the Tenant pay for their work and change their behaviour.

It's brinkmanship, of a sort.

You can't just throw your toys out of the pram and start thinking about eviction at this stage... you probably need to work it all out, or you're looking at incentivising things... crossing her palms with pieces of eight (or whatever the saying is)  Let's move on, 'cos it's time to groove on...

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Thanks for your response and I feel you're right to an extent and I'll probably end up getting the survey done. 
However I don't get the impression it's going to help.  She's adamant that even if it's her condensation causing the problem  she's not to blame,it the flats layout that is to blame.  Having no window in the bathroom, except a skylight with vents, is what is causing her to so strongly believe this, she now also thinks the walls themselves contribute to the problem, both internal and external ones.

I've advised her not to shower with bathroom door open as this spreads condensation - she disagrees
I've advise her to heat the apartment - she says won't help as radiators are on wrong walls, will get damp anyway.

The real issue now though is what options do I have?  If reports come back saying she's directly responsible but she refuses to accept it and things get worse who pays the repairs?  With what money? Can't imagine she has the funds for repairs.

If I am right and she if effectively growing the mould, and gets ill off it, where do I stand legally?

Thanks

I am wondering if it would actually benefit you to call in EH yourself? Did you give information to her when she moved in? I download mould and condensation advice for tenants from my own council's website,and include it with the information package.I would get an extractor fan fitted first.They will give unbiased findings,and I don't think there would be a fee.The fact that you have taken such a step would possibly protect you in the event of her claiming illness.I have 3 identical flats in the same block,none with shower room windows,but with extractors.Only this one caused problems. Many so-called damp surveyors are just salesmen trying to flog some service or product.I Googled illness claims like mad at the time,and it seems pretty common in the U.S.so I expect it will catch on here soon!