Can sound insulation create mould problem for the flat below?

[Kosenrufugirl]

When we moved in, we didn't like the noise coming from the flat below. So we put sound insulation when redoing the floors.

18 months later the downstairs tenants have now moved out and the estage agents noticed a lot of mould. The tenants knew about our insulation project.

The estage agents is now accusing us of creating mould issue in their flat. We think the issue was caused by the tenants never openining the windows, even in hot weather (the curtains were always drawn down - ?were they scared). They also dried up all the laundry for the family of 4 indoors and didn't have a dryier.

I am now worried we might be billed for the mould issue in the downstairs flat/asked to take our sound insulation down.

Could our sound insulation (B&Q brand) cause mould in the flat below?

Any advice/opinion would be much appreciated.

We think the issue was caused by the tenants never openining the windows, even in hot weather (the curtains were always drawn down - ?were they scared). They also dried up all the laundry for the family of 4 indoors and didn't have a dryier.

^this will be the cause of the damp.

Are you tenants to the same landlord, or independent owners? Who controls the freehold? Is there a legal mechanism by which you could be "billed" for damage that occurred in a different property that could easily be attributable to the actions of that property's residents? Even if there is there should be some right of appeal.

Scientifically speaking, if they used no other active ventilation then the only air exchange in and out would be a bit each time they opened and closed the front door and a bit seeping through the floorboards above and below. Yes you putting down an impermeable barrier would have reduced that slightly but that doesn't make you responsible for the fundamental cause which was the tenants never ventilating the place properly.

Thank you for your reply. Ours is a small block of 4 flats , each owns a share of freehold. I am worried because the guys who rents out the flat below will always try to wiggle out of paying bills. I suppose we should wait and see what they are going to say next even though I think I know we'll be accused. Thank you again, I am really worried even though I think it's the problem caused by their tenants

No. Sound insulation, normal insulation would not have caused the mould. not airing the apartment, drying washing etc will have done.

Do not take any more of the accusations from the EA. Do not get into any discussions with them about it. Who offered the information about the sound insulation? You or did the EA already know about it?

Unless the EA is a specialised surveyor, dealing with damp caused possibly by the installations of sound proofing, he is just trying to deflect from the fact the mould or actions of the tenants may not have been picked up on any inspections the EA or the company did.

Thank you foryouropinionandadvice. The tenants knew about the sound insulation as I mentioned once the flooring is done they won't hear our dog barking (even though we did it to avoid overhearing their conversations). I suppose I will wait for any correspondence and if it arrives I will contact a surveyor. It's reassuring to know our sound insulation is unlikely to be the cause of their mould.

I wouldn't contact a surveyor, certainly not at your cost. If it gets to the point where the accusation is made more official by the EA, my suggestion would be, firstly take some legal advice, some solicitors will offer a short amount of time for a small fee before responding to any correspondance received.

Secondly it is up to the EA to prove your sound insulation caused the issue, and that the actions of the tenants did not. If a surveyor is needed, the EA (I expect it may actually all be paid by the owner of the flat not the EA) will need to pay, but you must insist you get to choose the surveyor, otherwise the EA will just get someone in house to agree with their accusations. It may be there will be 2 inspections.

Hopefully it will not get to that situation, you may find spending a small amount of money sending a solicitors letter to the EA saying the actions of the tenants caused the issue is all that is needed.

Do you own your apartment, or are you tenants - of tenants do you rent via the same EA?

Thank you so much for your reply and good advice. We own and the flat downstairs is rented out. I suppose we will have to wait and see. Thank you so much again.

That is good you own, I was concerned it may work against you as tenants if you rented via the same EA.

Just sit tight and do nothing for the moment.

Thank you, we will.

The only basis on which your insulating your property could cause mould in the flat below is if the flats were designed so that the humidity from the flat below vented into yours - which would mean your flat would either have to be more ventilated to get rid of it or you would be the one to get mould. That makes no sense.

You are of course entitled to improve the insulation on your flat. If you were in a downstairs flat and heat insulated your ceiling, the flat upstairs would get colder, and would have to use more heating. This would not mean that you are responsible for their increased heating bills.

The same applies here. If it does mean that the flat below has to improve their ventilation, that's on them and not in any way your responsibility.

Thank you so much for your reply, much appreciated

The EA is trying it on. Damp air (of which there will be a huge amount in an unventilated flat where laundry is dried) naturally rises, so the evidence will be most visible on the ceiling and upper walls. The flat needs to be properly aired and the mould removed, at the landlord's expense.

If you do get to a position where you need legal advice, you may be covered by your home insurance policy.

Many thanks for your opinion and advice. I am a midwife not a builder or surveyor! My husband has spotted upon returning home from work some ventilation vents in the flat below. Whether they are bricked up or not we obviously don't know. My husband thinks those vents indicate the flat below had some issues with condensation prior to our insulation works. There is no washing line in the tenants' garden either They always dried everything inside and I never saw them opening the windows which I thought was quite odd. Still, I am all worked up because we moved in 2 years ago and struggling with money (like most people). Thank you so much for your reply, we'll await the events

@Kosenrufugirl as a landlord I can say with 98% certainty that the flat below has caused their own mould with a lack of ventilation/clothes drying etc. we see it all the time on forums for tenants/landlords.

Don’t take any action yet, keep a log of correspondence and check your home insurance for the legal cover aspect. They should be able to deal with anything the letting agents throw at you.

Thank you for everyone who has replied. The contractor said the mould was caused by the tenants never putting the heating on. The mould was found even behind the radiators.