MCOL for tenant causing damp?

[stressedlandlord]

Our tenant has caused a huge amount of damp in the property. we tired desperately to sort the issue. We had lived there for years with no issues and also other tenants had no issues. So we replaced the whole bathroom and added new vents etc. to see if that was the issue, but it made no difference. The tenant then thought a squirrel was the issue in the loft, we sorted that issue ( it had broken in from next door). there was still damp, so we were on and on to the council about the roof etc and the council did a report that found the tenant was actually at fault and was drying loads of clothes inside without providing proper ventilation. We have since found things that lead us to believe the tenant was subletting which would obviously explain the amount of clothes being dried !

our agent is now saying we cannot claim to have the whole flat repainted and mold protection painted on.

Has anyone taken a tenant to court with a MCOL to seek damages? Our agent doesn't think we will be successful going via the deposits agency

What has the council got to do with the roof?

This is an interesting position. You can claim full damage through the deposit scheme, but you can only charge a proportional amount when there is an element of wear and tear.

You have nothing to lose trying. If the place was newly decorated when they moved in and it's been less than 5 years, you'll likely get something, especially if you have a copy of the report blaming tenants behaviour.

If the place had not been redecorated or its been more than 5 years, you might struggle because they are liny to deem that wear and tear applies anyway and it would be a reasonable timescale to redecorate anyway.

Of course, it depends if you are talking about walls or other areas (I had original wooden doors ruined by mould).

Either way, you can take to shall claim court but expect them to ask why you didn't the it through the scheme first and not being impressed that you chose not to, do I'd definitely start there.

You need to be extremely organised with your evidence as they see so many cases, and don't have many hours to go over each files in massive detail.