Tenant withholding rent - mould?

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    Tenant withholding rent - mould?

    Hello can someone help? My tenant is stating that there is mould and damp in the flat and is withholding rent. We have had a damp survey carried out and it states that there is no damp - structural or rising of any kind in the property. The tenant is stating that possessions are wet and have mould on them. They are not happy with the report that was carried out. the report has recommended that to aid lifestyle due to the layout we have a ventilation unit fitted which I'm happy to do, but the tenant is still not happy and has now stopped all contact with us and has still not payed the rent. I'm not to sure what to do now?

    #2
    Cheeky crook of a tenant - how did you select them?

    Hard to know what to do these days apart from not getting into this position in the first place. Start a moneyclaim online, and sue them for making the property damp too.

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      #3
      Put the ball firmly back into the tenants court and ask in writing what they would like you to do.

      I think issuing a s21 if you don't receive a response is your only option, followed by a s8g8 when they reach that arrears level. You have commissioned a report, you need to get access to do the work so I would also be writing with the date the work is to be carried out, if entry is refused, that's more evidence they need to be got rid of. Treat the arrears, and other issue separately.

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        #4
        Sounds like a plan to live rent free ….

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          #5
          Exactly as above..... rent free living, happy days .... for the tenant. Take the sage advice above and look to get rid, the tell tale sign is not the stopping of the rent, it's the stopping of all contact. Why would anyone with a genuine problem stop talking to the person who can solve it ? They are scammers.

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            #6
            A serious tenant would have got their own mould report if they believed this. Surprising the landlord bothered to do one.

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              #7
              Originally posted by mokka View Post
              Surprising the landlord bothered to do one.
              It's hard for the landlord to act unless they can demonstrate that the cause is not property related.

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                #8
                Originally posted by mokka View Post
                A serious tenant would have got their own mould report if they believed this. Surprising the landlord bothered to do one.
                No, the Tenant only has to complain - if the LL ignores the complaint then the Tenants version will be accepted as factual.

                LL has done the correct thing by getting the report. He needs to move quickly to show he is taking on the supplementary advice of the Inspector - so that means writing to the Tenant advising a date the work will be done and asking the Tenant to contact in writing if there is an issue with that date.

                Basically, do things in such a way that the Tenant has to engage in the issue.

                I would also send the "NRLA Branded" leaflet on Condensation.

                Issue the Tenant with Arrears Notices and begin eviction proceedings.

                Whatever happens, ensure the work is done (or offered) very quickly - before the Tenant has the Council in as the LL doesn't want an issue with "retaliatory eviction" claim.
                My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

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                  #9
                  Thank you everyone for the advice, today we have been told that the tenant is arranging have chest X-rays as their health is being compromised and that they have had to pay for dry cleaning and upholstering! We may not be granted access, to start the work this weekend as they are awaiting covid test results! They have stated they will pay the rent only if the recommended solutions show to sought the problem?

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                    #10
                    Originally posted by mrs1975 View Post
                    ........ today we have been told that the tenant is arranging to have chest X-rays as their health is being compromised ..................... they have had to pay for dry cleaning and upholstering ............ they are awaiting Covid test results!
                    Oh deary me, these lot are right on their game. Be at the ready for a long haul.

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                      #11
                      lol the tenants are awaiting covid test results - yet theyve booked chest x rays, dry cleaning and upholstery cleans.

                      Assuming they can actually get an appointment with their Dr, there would be a wait for xrays AND the belief they have Covid would make chest xray inconclusive lol

                      You are going to get shafted by them.

                      The only thing you can do is lesson the pain by doing all you can to ensure the property is safe.

                      I would even be tempted to get someone else in to inspect for damp etc BEFORE doing the suggested work.

                      You need EVIDENCE not waffle on your side.

                      If the 2nd inspection doesnt mention any new fittings STILL get it done.

                      Show you have gone over and above whats needed.

                      Ensure your tenants get copies of both reports.

                      Id pre-empt Council involvement too by advising them of your "concerns" with your tenants (but issue S8 first)
                      ​​
                      My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

                      Comment


                        #12
                        Try to visit and deliver or post them advice on reducing condensation/mould. Photos might be useful. They could send them or you could take some. Try to stay in communication if possible.

                        I'm assuming they're withholding all the rent?

                        If so, in parallel, check your paperwork is in order to issue a Section 21 as soon as the initial term of the AST is up. A S21 is best, in my opinion, as it will negate any possible counter-claim from them. Make sure the S21 is absolutely in order. If you're not confident, get a specialist eviction service to do it for you.

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                          #13
                          Originally posted by mrs1975 View Post
                          My tenant is stating that there is mould and damp in the flat and is withholding rent.
                          Can you see any black mould or have they shown you any damaged clothes? What sort of building is it, how old and is it insulated Is there any sign of water ingress from flat above, gutters or is there a chimney breast in room? Is the roof sound? Do the tenants use heating? Have they advised you of mould in the past? How long have they been in the flat and have you had any problems of this sort previously?

                          Originally posted by mrs1975 View Post
                          We have had a damp survey carried out and it states that there is no damp - structural or rising of any kind in the property
                          Who did the damp survey - was it a DPC company, builder etc or was it a qualified engineer?

                          Originally posted by mrs1975 View Post
                          the report has recommended that to aid lifestyle due to the layout we have a ventilation unit fitted which I'm happy to do,
                          Do you have any extractor fans fitted in the bathroom and kitchen already? Do the tenants have any formal arrangements for drying washing outside or do you suspect they are drying it indoors? Do you have trickle vents on the windows?

                          The tenants are probably aware that the local Authority take action for mould issues but unfortunately it is not a quick or easy fix for landlords and the tenants will not agree to anything that weakens their position. Make sure you keep good notes of communications and any offers to sort this matter out. If the Council inspect the flat and see mould then you may need to explain your actions ; if these tenants wanted to leave and break their contract and provided you are happy this is a spurious claim then I would let them go. I have had similar tenant complaints in the past and have found that the mould was caused by defects in my properties which took months to locate and fix.

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                            #14
                            Find out what's causing the mold and address that problem .
                            Are the tenants keeping the property ventilated , ? Drying clothes inside the property? Not wiping away condensation from the windows in the morning ?

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                              #15
                              The Landlord could give the Tenants some useful Government Advice...........

                              Keep the windows open to avoid Covid (and condensation) BUT close the windows to keep the heating bills down.

                              My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

                              Comment

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