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MCOL for tenant causing damp?

4 replies

stressedlandlord · 02/03/2021 18:13

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

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Shmithecat2 · 02/03/2021 20:46

Are they still your tenants?

stressedlandlord · 02/03/2021 20:49

No they are not. They gave notice after we stopped trying to investigate the damp because they cause had been found. They wouldn't follow the guidance set out by the council. They also cancelled viewings and even virtual viewings-we suspect because they were subletting. There is evidence of a double bed in the lounge

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murbblurb · 02/03/2021 20:52

England: you can't claim for betterment and the deposit schemes assume everything worthless after 8 years. However if the place was decorated more recently than that you may get something. Worth a go as this is damage, not wear and tear.

And if not...MCOL works the same for everyone regardless of landlord/tenant. Please do it - if nothing else, chance of a CCJ which will give other possible landlords warning. Don't hold your breath on any payment though!

glad they are out.

stressedlandlord · 03/03/2021 00:15

We have had to payout £700 to paint on a mould blocker and repaint the rooms etc. It was absolutely disgusting. I just didn't know our chances of winning. Our agents say not, but we are good landlords, we tried our best to rectify the situation but seems it was a loosing battle.

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