Any advice please? Tenant created a situation and now is blaming me!

[benfmsmum]

Sorry this is a bit of a long story, I will try to cut it down a bit!!

5 months ago I let my flat to a friends niece and her boyfriend for 6 months. It was a flat I used to live in so know it well. When they moved in one of the windows needed repairing. I paid £200 towards their deposit so that they could pay the £200 to the window man. This was agreed with them as I don't live near the flat and they didn't want to go through an agent.

To cut a long story short they didn't let the guy in to repair the window. They said he never returned their calls etc. But I managed to speak to him on the phone. Eventually I travelled the 300 miles to let the guy in last weekend.

The tenants have not been adequately heating the flat, using plug in heaters and not the storage heaters fitted in the flat, have not been opening the windows or vents and have been drying washing in the flat.

The condensation has been very bad with the windows running with water. There is mold growing on the frames and is at its worst in the kitchen.

The tenants asked me if they could move out earlier than the contract because of the problems I had not fixed. They asked to pay 2 weeks rent and move out in two weeks and I could keep their deposit. I agreed and a new contract was signed by us both.

Now I have had a phone call that whilst packing their stuff up they have noticed they have ruined items because of mold.

Now surely if they have created the situation of the mold, not taken any steps to rectify it or help the situation then any ruined items is their responsibility not mine?

If you've got this far, well done!! Any suggestions/opinions??

If it was never mouldy before, & they've been stingy with the heat, then it certainly sounds as if they're responsible - mad of them not to use the storage heaters, as plug-ins cost a lot more, don't they?

But that's just a reasonable (ha!) layman's opinion - no idea how you or they would prove responsibility.

I think you need clearly to explain to them exactly how it is from your perspective. I'm not sure however how the window has anything to do with condensation?

What are they saying is your fault?

what problems are they claiming you have not fixed?

sounds like you have done everything to me, bet you'll be glad when they're gone.

Did you have a proper inventory done so you can prove that they have caused the damage?

Thanks Ponders! They say they didn't want to use a dehumidifier as it would cost money but were happy to plug in heaters that you are right cost a lot more than the storage heaters do! I've had a damp report done. Just wanted to see what others thought of the situation. I was getting to the stage that I'm wondering if I was being unreasonable to think that they should know how to look after a flat!!

There was no mold when I was there for 7 years or when the old tenant was there for 5 years, strange how it happened in the 5 months they were there!!

They say I have not fixed the window and now are saying that the vents didn't work. They say that I should have chased the window guy more and got it done sooner. I was chasing the guy but he couldn't get in touch with them to gain access as he says they didn't return his calls.

The window that needed repairing is the window that actually has the least amount of mold on it!! The worst one is in the kitchen and their items were in the bedroom!!

Yes I have an inventory from when they moved in.

Yes Laurie I can't wait till they are gone - wthat was the main reason I let them terminate the contract early!!

Have just realised that it's their stuff they are claiming has mould on them

Fuck 'em, there's no way they can do anything since they refused to open windows and they dried washing inside.

I would tell them to take a running jump. They would have had to mitigate their losses by opening windows, using heaters, not drying inside in order to then say it was the 'damp'.

Fuckers.

Thanks Laurie - you've made me so much happier!! I just can't understand why they would sit back and do nothing except complain and live like that for 5 months! I'll be on to my new agent in the morning (who I have found out they owe money too for a previous flat they left under a cloud!) to see what I need to do next.

i think if they wanted you to pay they would have to prove it was your fault the stuff went mouldy.
ie, that they had told you of a damp/mould problem and you had not done anything about it.

as there is nothing wrong with the flat, and it does not have a damp problem and you have made arrangements for everything that needed to be done to be done then I can't see that they have a leg to stand on.

tell them to take a hike

They went to the CAB who wrote to me about what responsibities I had being the landlord of the flat and when I rang them and told them the complete story (not just what the tenants had told them) the CAB said that I had done everything I could have reasonably done. Now I have put all this down in writing on here I realise that I was worrying over nothing and although the whole situation is far from over I have done all I can. I think that it all boils down to money, the reason they did not let the window guy in was they had to pay him (as I had paid part of their deposit for them) I guess now they want money from me so that they have a deposit for somewhere new