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 September 2023 - Comments: 28
8:07 PM, 21st February 2025, About 1 year ago
This isn’t one that you are going to win with logic and reason.
The tenant is a nightmare and the council will give the tenant the benefit of the doubt repeatedly
This is going to cost and cost and cost and th dispute is just going to escalate
You’ve done well so far, but this will only continue in this vein
I hope your tenancy paperwork is in order?
Providing you KNOW it is (use a specialist if you are not sure), serve a S21 TOMORROW
If you do a S21 AFTER the council serve notice on you for enforcement then your eviction will be seen as relaliatory
Even at this late stage you are not subject of enforcement actions, so are not in formal dispute, you can safely serve a S21…2 months notice to leave, without fear of being accused of being retaliatory. Additionally, you can show all the measures you have taken to remedy the situation…
You have a window. It’s a small window. Its a golden window. Its there…use it
Just make sure you correctly served the right to rent leaflet, EPC, gas safety that you secured the deposit in time and served notice you secured it in time…if you’re unsure of any of that, use a specialist, but get this tenant gone or you’ll be suffering this nonsense for the next 3 years….mark my words….
Member Since July 2013 - Comments: 357
8:16 PM, 21st February 2025, About 1 year ago
I would contact the environmental health officer myself . Explain everything you put in here.
I would not offer any rent reduction or compensation.
From what is written here I would say tenants life style.
Don’t be bullied by tenants.
Member Since December 2023 - Comments: 1575
8:16 PM, 21st February 2025, About 1 year ago
I’d definitely want the tenants out so that I could sell up.
Seriously, work out how much mo eh you could have to invest, by selling up. Compare this with the returns from BTL. You may find the difference is small and other investments are stress-free and guaranteed.
Member Since February 2018 - Comments: 2
9:20 PM, 21st February 2025, About 1 year ago
Thank you all so much for all of your advices. I posted this on behalf of my friend (the landlord) who is so stressed and just had a major operation so he has asked me to take over. And I am feeling out of my depth. He rented through a lettings agents so I have to assume that it was all done correctly with appropriate paperwork in place.
This morning I was about to propose a face-to-face meeting to open negotiations with the tenants as my friend cannot deal with a protracted stressful court case but was concerned that wouldn’t guarantee the end of their behaviour. So I am so grateful that you warned me against paying them anything.
I rang the letting agent and she said that we could not use S21 as this is a fixed-term contract for a year. So I am left with the suggested professional damp report which I think is a great idea. The tenant has been sending humidity and temperature readings for each room for each day which, when they have hung laundry, and number of hours using dehumidifiers so I have good evidence of the circumstances. The only trouble is that they have been following my advice to carry out stack venting twice every day so well that the humidity is now below 50% in all but 2 rooms. And the temperatures are now around 17 Celsius since the boiler setting that they had changed to 43 Celsius has been readjusted to 65. So hopefully the damp experts will still be able to identify the causes of the problem. And I am concerned that the broken guttering will have had an impact which will compromise our case.
I am wondering whether to get the landlord to get the letting agents to manage it since they are far more knowledgeable and have legal expertise. My husband on the other hand is urging me to rebuff the tenants and see them in court!
Member Since September 2023 - Comments: 28
8:20 AM, 22nd February 2025, About 1 year ago
All your letting g agent is I tested in is rent and management fees. There is NO gain for them if the tenancy ends
Your contract should have a break clause…this makes the service of the S21 legal. TAKE ADVICE.
Member Since March 2023 - Comments: 1506
8:20 AM, 22nd February 2025, About 1 year ago
As far as I can see you have all the evidence you need. Supplied by the tenants humidity readings and boiler temperature. The mould was their fault.
Member Since August 2023 - Comments: 94
8:56 AM, 22nd February 2025, About 1 year ago
Reply to the comment left by Reluctant Landlord at 21/02/2025 – 10:53
I agree no amount of compensation will compensate for ‘apparent’ ill heath. They are not living as one would expect and just after money. Get your ducks in a row and issue S21 immediately . The solicitor may come back and say its retaliatory but just do it.
Member Since September 2023 - Comments: 28
9:07 AM, 22nd February 2025, About 1 year ago
Do not sit down and begin compensation talks. That’s MADNESS. They are tenants. They’ve reported issues, tube bent over and dealt with them. You have proof they are the cause.
S21 all day long. S21. S21. Seek advice. Read the contract. There will be a break clause. Get them gone. You’ve had a dose of what the future holds. Take control. Get them gone
Member Since January 2020 - Comments: 1102 - Articles: 1
9:40 AM, 22nd February 2025, About 1 year ago
Reply to the comment left by Jennie at 21/02/2025 – 21:20
Nobody can advise you correctly on how to deal with this situation without reviewing the tenancy agreement and checking that there is evidence that all the initial requirements were met. You need to get copies of everything from the agent if your friend does not already have them.
There are strict rules about when you can serve and expire a S21 notice e.g you cannot serve during the first four months of the tenancy or expire during the fixed term or in the first six months. Timing is crucial.
I would share your concern about the broken gutter being a contributory factor, which a court could seize on to justify finding in favour of the tenant. You don’t have to convince other landlords that all the problems are the fault of the tenant, you have to convince a judge.
Serving a S21 is not an alternative to addressing the claim. Even if you successfully evict the tenant it will not make the claim go away, it could potentially give him even more incentive to pursue it, particularly if it is being handled by a no-win no fee solicitor.
Chris@possessionfriend invited you to contact him and I suggest that you do so.
Member Since May 2019 - Comments: 121
10:06 AM, 22nd February 2025, About 1 year ago
I would be inclined to give SHELTER a wide berth to the extent of telling them that they are ‘not on the record’ (good legal words) . Tenant will no doubt have benefited from SHELTER’S involvement by having free legal advise.
I would return all communications from SHELTER and Citizens Advise reminding them of above. They will only add to your woes. If you need to challenge them do seek professional advise from friendly and supportive LL organisations. Be careful with lawyers -some of whom operate as legitimate racketeers – do your homework and always treat with utmost suspicion.
Good luck.
Carchester