Recovering damages from live in lodger?

Recovering damages from live in lodger?

0:01 AM, 14th November 2023, About 6 months ago 6

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Hello, my lodgers have an excluded licence agreement. I stupidly only charged £400 deposit which is less than half a month’s rent.

They knowingly entered into my house on the 6th of August having come from a “mould-infested basement flat” that they had been living in for 8 months. They did not inform me of this before moving in. I only happened to find out when I saw them spraying their possessions in antifungals.

When I challenged them about this they then told me about the mould-infested property that they had come from. They told me that their previous landlady had not repaired the damages. They described a variety of mould on much of their belongings including furniture, clothing and other possessions such as speakers and picture frames, books etc.

I was extremely concerned about this but also felt sorry for them. I told them that the agreement they had signed stated clearly about not causing any damage or bringing any hazards into the property and as such they would need to be extremely vigilant to any signs of the re-emerging (re-blooming) of any mould spores that they had brought into the house.

I regularly noticed mouldy food items that they were not tending to (though I have no evidence of this except text messages). They were not cleaning the house as agreed in the contract and I spent hours doing so. Within 3 months I happened to notice mould all over one of the lodgers’ shoes and the other’s bags hanging on the back of the door in her room. On asking them to go through other items, they then found mould on speakers, picture frames and other items of clothing.

I later found mould in my living room (where I had allowed them to bring their sofa) all over specific items of furniture that were next to their sofa and that I had hoovered after hoovering their sofa. This was unusual green/blue mould that needs little moisture to take hold apparently.

I have never, in 19 years of living at my house (or any other for that matter) had any problems with mould. I have owned my great grandfather’s chest for 19 years and my brother for twenty years prior to that. It has been in the family for hundred years or so with not mould issue.

Following further research on mould and realising that it is a category 1 health hazard and that the risk of cross contamination is high, I arranged within 5 days for expert professional de-moudling of the entire property at a cost of £1440.

My lodgers have handed in their notice and will be leaving on the 6th December.

Do I have the right to ask them to pay for the damages of £1440. They have paid for rent up to 6th December. Can I also serve them 7 days notice due to breach of contract (I feel confident that they have breached the agreement) and not have to give them a rebate of the 2 remaining weeks between 12th November and the 6th December?. This is the only way I can think of recovering the cost of damages incurred – it would provide me with £650 rent and £400 deposit.

Thanks,

Morwenna


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Comments

LaLo

12:04 PM, 14th November 2023, About 6 months ago

Take a look at your insurance which may cover it. My insurance is due for renewal so I thought I would shop around for some quotes and found there’s hundreds of new insurance companies springing up everywhere! This can’t be real - but I wouldn’t have a clue how to tell a genuine website from a scam site! Does anyone know how to tell the difference?

Michael Booth

13:56 PM, 14th November 2023, About 6 months ago

Find a broker and speak to them in person l have for the past 24 years.

RoseD

15:45 PM, 14th November 2023, About 6 months ago

No experience of this and insurance might be one way altho my gut would be once you found out about the mould issue....which was when these people moved in...that surely should have been the time to bring in the professional demoulders at a cost to them. I'd sit them down and have a good discussion of the problems they've caused and the cost involved. Who knows they might suggest helping or paying all the costs. Just saying......

Bob Roberts

22:27 PM, 14th November 2023, About 6 months ago

Reply to the comment left by RoseD at 14/11/2023 - 15:45
Thanks Rose, I think you’re right, in hindsight I should have asked them to pay at that stage but we just agreed that they would be extra vigilant to the re emergence of mould on their possessions but they weren’t vigilant at all.

I made some ridiculously generous offers at first and spent so much of my own time cleaning their stuff as well as my own, but the good will has gone now as they’re attitude is not remotely remorseful and they’re acting like entitled children. I’m just sticking to the lodgers agreement now which clearly states they should not cause damages, including risks to health (mould can be classified as a category 1 health hazard) and there is also an indemnity clause, but I don’t know much about these, I’m wondering if anyone else has experience of trying to recover costs when there’s an indemnity closer in the contract?

Ron

23:37 PM, 14th November 2023, About 6 months ago

Your argument is that they were negligent when they brought the mould into your home and this caused loss to the sum of 1.4k.

Obviously you should have evidence that the charge was necessary and reasonable. So ideally more than 1 quote.

You could end the arrangement after 7 days and not give any refunds. The amount that you should have refunded should be taken off the 1.4k.

Thereafter you can file a claim at the County Court for the outstanding balance or just write it off as a claim will take over a year to conclude.

RoseD

9:14 AM, 15th November 2023, About 6 months ago

Reply to the comment left by morwenna roberts at 14/11/2023 - 22:27
I think the direct answer to making a claim is to at least try and expect a prolonged and frustrating experience. Won't you also need to 'keep tabs' on where they living and even if you win what do you think are chances of getting your money. I'd keep what you've already got, take the hit and put this down to a far from pleasant experience.

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