Regulator report “Mould – It’s not Lifestyle”?
1 year ago | 17 comments
Aggressive tenant demanding compensation for mould?
9:43 AM, 21st February 2025, 1 year ago
45
My tenants are demanding compensation for mould in the kitchen and have contacted Environmental Health, Citizens Advice Bureau, Shelter and a solicitor. He has sent a correspondence letter from a doctor stating that he “is suffering due to damp and mould in the home with respiratory issues and a cough” and has said he wants compensation for energy costs, rent paid, dehumidifier, and loss of earnings.
I spent 2 months doing it up when the last tenant left after 10 years. Within 5 weeks of the new tenants moving in, they reported mould in the kitchen and said there was damp in a couple of places. It never had these problems over 43 years in my family’s ownership. When I advised that the property needed to be heated and ventilated properly, he replied that it “seems like a waste of energy and our money. This strikes me as constructional damp”.
I also provided a dehumidifier for the basement, but they complained about the cost of running it, so I offered to pay them £175 for the running costs over the year.
A friend has been helping me and 17 days after mould was reported she took round some mould treatment. She also wrote a detailed report on the situation which I forwarded to the tenant. It noted that in the kitchen, it was 9.9°C, with a humidity of 80%. The rest of the property was similarly problematic although to a lesser degree. She advised the tenant to expel the damp air with a regime of opening windows each day, using dehumidifiers and the extraction fan in the kitchen. She also provided a hygrometer with which the tenant has taken temperature and humidity readings each day over three weeks.
The tenant has ventilated the property as recommended and his readings show that within the first 5 days the humidity in the kitchen had decreased by 26%. And after 14 days the humidity in the kitchen was reduced by 38% and the dining room was down by 40.5%. This appears to me to prove that he had not been ventilating sufficiently before and indeed when asked how he had previously been ventilating he replied that he opened the door each day to let the dog out into the garden.
They also use electric clothes dryers inside in a carpeted area, instead of using the garden, and the humidity readings in this area show the humidity increases significantly in that area each time.
In terms of heating, the tenant advised that he had set it to 44°C on the boiler and his girlfriend complained that the radiators were not getting hot enough. A heating engineer was fortunately present to service the boiler and advised that the boiler setting should be 65°C boiler, and that turning it down so far did not enable the radiators to heat up properly and hence to heat the property sufficiently. The temperatures in the house had already risen substantially with the expulsion of the damp air but have increased further since the setting on the boiler was rectified.
My friend visited the property again 11 days later and wrote a 2nd detailed report on the situation which I again forwarded to the tenant. It provided follow-up information and advice to the tenants and also reported that a gutter on the back wall was broken as well as some moss on the little glazing units beside the front door into the kitchen.
On learning of these issues, I immediately arranged for someone to visit the property 3 days later and make repairs to the glazing units, and any other issues that he identified which included a small crack in the wall near the kitchen window. He has also arranged for a full upgrade to the guttering arrangements in 2 weeks’ time to replace fascia boards, gutters and downpipes and weather shielding. This wall was cut back to the brick had a new proof course put in and re-plastered within the last 10 years or so. It was unfortunate that this wall can only be seen from my neighbour’s garden, so I was previously unaware of the problem although it had only been repaired a year ago, so I had assumed it was okay. I accept that this may have added to the humidity but do not believe it is the primary cause and it is on the opposite side of the house to the kitchen.
I feel that I have done everything that I can possibly do but it doesn’t seem to be enough. We have been very careful not to apportion blame at any point and have simply assessed the situation objectively and offered advice. However, the tenant is now getting very aggressive and has contacted a lawyer, the Citizens Advice Bureau, and the health and housing department of the Brighton and Hove council. Do you think I should get my own lawyer?
Do you think I should offer some compensation, and if so what sort of amount? The law seems loaded in the favour of the tenants, and this could get very expensive and I’m on low income. Any support or advice would be very much appreciated.
Posted on behalf of my friend/the landlord.
Jennie
Tags:
Damp and mould compensation UK, Damp and Mould Issues, dealing with aggressive tenants, Landlord rights, tenant compensation claim, tenant dispute
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Member Since July 2013 - Comments: 754
10:54 AM, 21st February 2025, About 1 year ago
Reply to the comment left by Duncan Forbes at 21/02/2025 – 10:13To report on the causes of the damp, I suggest you use a Chartered Building Surveyor (consult RICS for local practitioners) who will be knowledgeable and impartial. It should also carry weight in any ongoing correspondence with any of the parties consulted by the tenant.
Also set out the facts regarding your actions (incl past history of ownership etc) as you have done here.
I suggest you don’t offer compensation as there appears to be no fault by you and quite possibly the tenant will exploit you further in the future. Stand firm and let the facts speak for themselves.
Good luck.
Member Since June 2022 - Comments: 1
10:59 AM, 21st February 2025, About 1 year ago
Hi. It’s vital to continue as you are by obtaining professional reports on a regular basis. Monitoring is also ideal. We had a similar problem and this went to court. The lady tenant represented herself. Dressed to impress!! and the judge was so picky it was untrue. As there were rent arrears the Judge kept chipping away. As with your property ours was tenanted for 10 years by the same tenant without issue. If it goes to court make sure you enclose everything you want to rely on otherwise a simple omission could cost you. Good luck
Member Since November 2020 - Comments: 23
11:13 AM, 21st February 2025, About 1 year ago
It definitely sounds like a lifestyle problem of the tenants. I would get a report from a damp proofing Company which is free, who will confirm that and prove it is not a structural problem, so you are covered if they take it further.
Issue a Section 21 as they are not living in a careful tenant like manner as it should state in the Tenancy agreement. If they go to a solicitor, your insurance should fight your case, as long as you can prove it is their lifestyle causing the damp (hence you need the report)
This happened to me when a previous tenant tried to claim £60,000 ( we had a solicitors letter) for her children’s health problems as she said my property was damp. I gave my insurers proof that it was not damp and needless to say, she received nothing. My insurers dealt with it all.
Member Since February 2016 - Comments: 194 - Articles: 1
11:52 AM, 21st February 2025, About 1 year ago
Reply to the comment left by Freda Blogs at 21/02/2025 – 10:54
I agree with getting a survey done, but not by RICS.
You need Peter Cox who ‘own’ this field of expertise. For £300 + VAT you will have a detailed report of everything you need and more. Ask them specifically to send their most senior consultant technician.
Peter Cox will attend with all the technical gadgets invented for the task required and you’ll receive a very detailed survey of the entire property with all the instrument readings (with photos) to support what is found in every corner and crevice of the property.
The various scientific readings and visual evidences taken per room, evaluated with the fabric of the building and its ventilation sources will form the very detailed report you get for your money and the considerable time Peter Cox spend at the property.
Peter Cox are part of the huge Rentokil enterprise. Facts are facts – so let them determine what’s causing the mould. There might be some recommendations for you but these will be presented alongside the lifestyle of the occupants which will be evident to the assessing technician.
With this expert knowledge on the table, you’ll know exactly what to do next. Their report is worth every penny in situations like yours.
Good luck.
Lord
Member Since January 2015 - Comments: 49
12:07 PM, 21st February 2025, About 1 year ago
Reply to the comment left by LordOf TheManor at 21/02/2025 – 11:52
Hi,
Get a report from a Chartered Surveyor. He will consider all the issues and come to a conclusion.
If the tenant is damaging the property serve notice.
As many photos as possible.
It is the tenants responsibility to heat the property and clean off any mould.
Inspect as many times as you can and make notes on the outside and inside temperature, whether heating on etc.
It is not for the LL to offer to help in terms of the costs of heating, it is up to the tenant to use the property in an acceptable manner and this does not include drying washing on the radiators, using an unvented tumble dryer etc.
Regards
Stephen
Member Since September 2024 - Comments: 95
12:25 PM, 21st February 2025, About 1 year ago
I had Tenants exactly like this.
It seems you have gone to a lot of time, expense, and trouble to appease this situation and none of this is your fault.
In my situation: I had had no problems with damp for 20 years including the time I lived in the property myself. Then new Tenants moved in and within a short while complained of damp/mould.
I took a spray bottle of 50/50 bleach solution and showed them how to remove it – it came off instantly. I also noticed some of the inside walls were literally dripping with water. On questioning the Tenants it soon became clear they were drying clothes indoors, not having the thermostat high enough, not ventilating, and not even opening windows or using the extractor fans or opening windows after showers or cooking.
I left them with the bleach solution and fortunately on checking my AST Agreement noted there was a clause included to the effect of: it is the Tenants responsibility to prevent the build-up of condensation, heat the property adequately, ventilate adequately and wipe away any signs of condensation or mould spores as soon as any appeared.
This family went on to cause more problems, as in subletting, having a dog without permission, breaking in when they locked themselves out without making good the repairs, using the property for business purposes i.e running a ltd Company. They also reported other problems with the property which upon inspection proved to be lies. I believe all done with total disregard for myself, the AST Agreement we’d both signed, and in an effort to reason a rent reduction, which was already £200 p/m below local market rates anyway. I knew if I allowed them to continue they would only continue to cause me problems and with this Government clearly waging war on Landlords and LA’s constantly siding with tenants I decided enough was enough. Hence, long story short – they were requested to vacate and did so without the need for a Sec21. The day they left I celebrated with a bottle of champagne.My advice: GET RID WHILE YOU CAN!!
Member Since January 2022 - Comments: 97
12:39 PM, 21st February 2025, About 1 year ago
I have in the past been in this position, normally as soon as the tenant, hears the words report, they refuse access.
I have a property that has been owned by my family since it was build (over 120 years), only poorly living tenants suffer with any mould issues, mainly not opening windows or heating correctly.
Having trained with surveyors (Facilities trained) the old boiling beetroot in the kitchen for hours, flushing the toilet with the toilet seat up, drying washing 24/7 without opening any windows etc is normally the main causes..
I have an advice document re how to live in a property, produced by a LA down South way, to help tenants live, and not be the cause of their own problems.
Obviously produced by someone who both knows the main causes and cared to try to help solve the problem, rather than just blame the private LL.
Get rid of the tenant’s as soon as you can would be my advice, they need to be in social housing where they will better fit in, and any issues re mould and EPC are ignored, as they can’t fine Social or Clowncil housing
Member Since January 2020 - Comments: 1102 - Articles: 1
12:45 PM, 21st February 2025, About 1 year ago
Make sure that you are aware of and have followed the official guidance before trying to argue with the Local Authority, solicitors or judges.
https://www.gov.uk/government/publications/damp-and-mould-understanding-and-addressing-the-health-risks-for-rented-housing-providers/understanding-and-addressing-the-health-risks-of-damp-and-mould-in-the-home–2
Member Since May 2016 - Comments: 1570 - Articles: 16
12:55 PM, 21st February 2025, About 1 year ago
@Jennie,
Get in touch for some initial advice.
Member Since March 2023 - Comments: 1506
6:38 PM, 21st February 2025, About 1 year ago
S21 then sell the property as BTL is a dead duck now. This wouldn’t be classed as a revenge evictions if you sell the property.