Tenants threatening legal action over mold

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Tenants threatening legal action over mold

    Hi all,
    My new tenants are threatening with legal action in the first month. He complained of mouse and I got the pest control asap. He then made a new list of complaints and sent me while I was on holiday. He is now complaining that there is so much mold in the house that it is an environmental hazard to live. He has contacted council and citizen advice bureau. I have been a very good landlord and my previous tenants can vouch for me. Please can someone suggest what I should do? I do have legal cover and have tenancy deposit scheme.

    #2
    Ask tenant if he would like to move out at no cost, in view of him obviously not being happy there. (Before he damages the place further and blames you.)

    Comment


      #3
      You are at risk of the revenge eviction legislation making any s21 invalid
      https://england.shelter.org.uk/housi...sk_for_repairs
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        It's the Council's responsibility to decide whether it's a health hazard or not, not the tenants.
        If they come and deem it isn't then you have nothing to worry about.
        If it is then you must've turned a blind-eye to this and so the onus is on you (and rightly so) to get it sorted.

        Comment


          #5
          Have you investigated the mold or sent in a specialist, (they often offer a no obligation inspection)? If not then you won't know whether its down to tenant lifestyle, (the most common form in rented properties) or structural issues. Each requires a different response.

          Comment


            #6
            You do have an inventory, don't you - what does it say about mould? If it was there and you knew about it then you arent a good landlord.

            Have you been to take a look and check you have no blocked gutters/ roof leaks? If there are no obvious reasons for it have you issued him with advice on how to keep condensation down and booked a specialist to go and visit?

            Does the property have extractions fans in kitchen and bathroom? Where can tenants dry washing - do you supply a washer/dryer and/ or a dehumidifer?

            Comment


              #7
              yes we have inventory done and nothing was picked up. The previous tenants never complained of it as well. There is a garden to dry washing.

              Comment


                #8
                This time of year?

                Comment


                  #9
                  Agree with the above.

                  1. If they have contacted EHealth then, assuming you're still on holiday, then if nothing has arrived upon your return then contact them yourself.

                  2. Did you pass the 'How to Rent' booklet to the new tenants? Or one of the 'Tenants Guide to Damp'? Both produced by the Government.

                  3. Go and inspect. Invite a Building Surveyor along. I would avoid using a damp repair specialist company as they have a biased opinion.

                  4. If the tenant is still unahappy at the property then offer them a surrender of the lease.

                  Move on to the next tenant, there are plenty of good ones.
                  There is always scope for misinterpretation.

                  If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

                  Everyday is an opportunity to learn something new.

                  Comment


                    #10
                    This will help too -

                    https://www.landlordzone.co.uk/infor...o-deal-with-it
                    There is always scope for misinterpretation.

                    If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

                    Everyday is an opportunity to learn something new.

                    Comment


                      #11
                      Originally posted by mariner View Post
                      This time of year?
                      yeah... the garden's in Melbourne

                      Comment


                        #12
                        thank you mk1fan your information was really helpful. The mould was only a patch on outside wall of bathroom. We have already got it checked and the plumber said it is only damp and needs a paint on it nothing more. NO one found any leak or no mouldy patch or big condensation area like it shows in the above link. The house has been visited by inventory, estate agents, and Corgi gas certification and no one has raised the issue about the flat being uninhabitable due to condensation.

                        The new tenants started complaining from 1 hour onwards that htey need a new lick of paint and they need this and that. Then they brought in their own cousin to do some work and claiming it against rent. I don't understand that I never gave consent on any of this so how it chargeable? I was not even informed about any of this in writing. How is any external person allowed in my flat to do work without my consent?

                        It is not a nice feeling to be threatened of unnecessary legal actions without a proper course of action. I was asked to do 100 non-urgent things while on holiday and now that I have arrived back I am getting threatened with legal action and threatened that council will come to my property?

                        As a landlord do I not have any rights to such tenants? They are obviously making up things and now asking me to pay for their moving out cost?

                        Comment


                          #13
                          Don't pay for cousin's work unless you previously agreed.

                          I think you have "professional" tenants who now landlord/tenant law much better than you. What were the landlord & credit checks like - particularly the previous-to-previous landlord checks?

                          I'd tread very very carefully, with carefully documented exchanges of info with tenant - on paper or my email. If only for council when they take action.

                          Painting over a damp patch is often unwise: Get a 2nd opinion and some regular, documented, inspection visits.

                          I seriously fear the "revenge eviction" s21 problem.
                          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                          Comment


                            #14
                            Do not pay for the cousin's work.
                            Any unpaid rent is simply arrears and should be recovered from their deposit

                            Threatening legal action is always interesting - exactly what legal action are they suggesting they will take.
                            There's no Illegal Mould Act, any legal action to compel you to do something is hugely expensive (and unlikely to succeed).

                            Call their bluff and serve notice.

                            The retaliatory eviction process is really complex, and can only start if they make a complaint in writing to which the landlord gives an unsatisfactory response.
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment

                            Latest Activity

                            Collapse

                            Working...
                            X