Tenancy dispute- mould, any advice?

[Sashavelour65]

I rent out my flat currently (intending to sell as soon as my fixed rate ends later this year)
Before any landlord haters want to bash or hate, I make £0 profit from the flat and I am in the red every month.

Anyway, I lived there for 18 months prior to renting it out and it was mould free. The new tenant has been there for 2 months and has reported mould today, sending pictures. This looks to be caused by condensation from the windows, as the mould is directly around them and in some ceiling corners.

All windows are functional, and the bathroom does not have an extractor fan but the property management were aware of this when I let the flat out. The tenancy also states the property must be adequately ventilated, and the inventory shows the walls were mould free at the time of the tenant moving in.

I have somebody going over this week to survey and professionally clean the flat, it seems that if it's found to be caused by poor ventilation from the tenant then I have grounds to deduct from their deposit.
Has anyone got any experience of this? And no im not trying to be greedy, I've paid a few things already, but if it's something caused by the tenant then no I'd rather not be several hundred out of pocket.

Just looking for any advice or experiences?

It’s extremely difficult to persuade tenants to ventilate a property properly and during the winter if they are also drying laundry a vast amount of moisture builds up. Yes, it’s unreasonable of them but also it’s a difficult problem for them too.

We installed a positive pressure ventilation system which cured the issue straight away. A dehumidifier would help. They probably don’t want to live with mould so trying to find a solution together makes sense.

Not sure if you can claim damages, possibly but right now I’d be looking for an amicable solution.

Thank you for your answer, I will look into that

I had similar. I’d owned the flat for almost ten years and lived in it myself for most of them, so I knew full well it wasn’t damp. I arranged an inspection and the surveyor confirmed the mould was due to condensation through inadequate ventilation and not structural. I told the tenant as much and said I was willing to either provide a dehumidifier or to terminate the lease without penalty so they could find somewhere else as they clearly weren’t happy. They argued a bit, but in the end moved out .

I wasn’t interested in deducting from their deposit, I was just glad to have resolved the situation without too much trouble, and went round and treated the mould and repainted. It’s been fine since. I wouldn’t start to talk about deposit deductions, it just creates more animosity than necessary.

Thank you

I think you will find the answer is no. My partner tried to deduct something from the tenant's deposit as it was clear they had never opened a window and the paint was peeling off the walls. The adjudicator said that it was not possible to blame tenants for damp and condensation.

I'd tell the dirty bastards to open a window and clean their walls. Bleach is 50p

The Woman next door to my mum did this and put mould into a perfectly fine flat to claim cash.

Id send the bloke let him do his thing and tell her you are happy to end the tenancy early if she wants.

That's awful...

Does Awaab's law apply to private landlords yet?

I work with social housing providers who believe they can no longer cite "lifestyle issues" in their defence of mouldy homes. On the basis that cooking, washing and drying clothes are perfectly normal activities that homes need to be able to deal with. Basically, they are spending a fortune installing mechanical ventilation rather than suggest that the tenant open the windows.

If there is no extraction in the bathroom, I don't think that you have a leg to stand on.

I did consider Awaabs law, also the bathroom situation, however at the time I was assured that because my bathroom has a window I can open a fan wasn't legally required.

You should be ok deducting the money. My ex landladies took our entire deposit and won, they were spiteful arseholes but in your case you are genuine and deserve a bit of compensation

I had about £60 deducted for 'oven cleaning' even though we'd already fully cleaned it so I am hoping i can recup at least something

What are the provisions in the flat for laundry drying?

Is there at least a kitchen extractor that vents to outside, as the bathroom doesn't have one?

Not everyone will live the same way you did, so if there is no extraction there could be problems that you didn't experience. They might have more laundry, more occupants, cook differently in a way that causes more steam.

I'd consider offering to buy a decent dehumidifier with laundry setting, especially if no tumble dryer available.

Yes, they should ventilate, but not everyone wants all windows open 24hrs if it requires this to actually remove the moisture.

Most black mould is caused by lifestyle. It will be due to lack of ventilation and drying wet items inside, cooking, steam from showers etc. Daily windows open for 20 mins and then running a good quality electric dehumidifier once they're closed. You could provide a dehumidifier for the tenants. It'll help loads. Bleach and water to clean away the mould.

Here is the wording

Thanks everyone for your help. I'll have a think on the best next steps.

The washing machine included has a tumble dryer
I may sound naive but im assuming I still need to arrange for a professional survey and clean/fogging right away to make safe, rather than just a general clean and dehumidifier?

Not a legal requirement but a potential problem for the landlord. If the level of moisture in a home is causing mould, that is now considered a landlord/building issue rather than a tenant issue.

Where does the dryer vent to?

I wouldn't bother with a survey. Just clean it, provide dehumidifier (which they might not use due to electricity costs), provide automatic extraction to the bathroom (that they can't turn off) and a vent for the dryer if it doesn't have one.

You can’t deduct no.

who can expect to control how your tenants live day to day in their property?, it would be ridiculous to expect that you can order them open windows

I have to say (as someone who has done a lot of work to implement aawabs law) it’s highly unlikely that mould would develop in a few months without there being a fundamental issue with your ventilation or building fabric, or most likely, your windows. Contrary to popular belief mould doesn’t form that easily.

I’m sick of hearing about tenants blaming their landlords for mouldy flats/properties when there are no wider issues with the building. I really don’t understand how people aren’t aware to ventilate the property, open their windows daily and ensure rooms with laundry drying inside always have the window open. Like you said no mould when they moved in. Especially people in council properties that then demand they are moved to a new property only for the same thing to happen. 🤦‍♀️

Exactly the same happening here too. TBH the rest of the house was in enough of a state that it was rolled into the professional cleaning charges.

And I've been on the other side, where I was having massive damp issues, and I was being told to ventilate more, and it turned out there was a problem with the cold water tank which was spraying water over the loft as it refilled - and only towards the end of the refill when the float got to a particular place! (my god that one took a while to diagnose - they checked the roof multiple times, because of course it only happened right after a shower/bath, and never when someone was there investigating! We only figured it out when I noticed water running down the bathroom wall when I happened to be in there a bit longer than normal after a shower). In that case, I wasn't charged for it as it clearly was a defect in the house, not in my usage of the house

It’s just life isn’t it, we don’t control what people do in their own homes.

I don’t need to ever open my windows - large well ventilated new build- so it’s not something everyone needs to do like a reflex. People might have grown up in bigger properties, or different countries where mould isn’t an issue. It’s not that hard to realise everyone has different way of living when they close their front door.

@Itsmetheflamingo

This is what a housing association is telling their tenants
https://www.greatplaces.org.uk/customers/looking-after-your-home/damp-mould-and-condensation/

• Open the window or use an extractor fan before you start cooking or have a bath or shower. Keep the door closed to stop moisture spreading around your home. In colder weather, you don’t need to air your home for hours, around 20 minutes should do it, before you start to feel cold.
• Leave your extractor fan on as long as possible as the moisture from showers, baths and cooking will stay trapped in your home.

So they can tell people to do that.

They've also got a job going..
https://greatplaces.current-vacancies.com/Jobs/Advert/4061788?cid=3378&t=Clean-And-Clear-Operative--Mould-Wash----month-FTC
You will be responsible for undertaking mould treatment, painting and minor damp prevention in tenants properties and empty properties,

It usually is a defect of the house. That’s why damp and mould is a such a current issue, it’s needed a huge cultural change for people to realise opening their old shitty windows the landlord can’t be arsed to repair or replace isn’t enough to prevent mould.

My building is listed with single glazed windows so it's not that easy for me to change them. They can also clearly see it's a very old property.