Tenant withholding rent - mould?

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    #16
    The tenant is taking the p1th
    OK you may have to give lip service to his concerns, the fact that you have has a Damp Survey is excellent (may I ask how much it cost ?)
    The house I rent out I lived in it for a year and there was no signs of damp although I made a mistake in fitting a shower in the bathroom without fitting an extractor fan.
    The reports of mould started soon after the tenants partner had a baby. Its a 2 bed terraced so basically it has 4 rooms. I believe that the washing machine was on frequently and every radiator had a maiden in front of it with damp clothes on it.
    And they never opened the windows. The house is on the road I use to go to the shops so I know that the windows were never opened.
    My letting agent lent them a dehumidifier and we reduced the rent by £10 a month to cover the electricity.
    I also had an extractor fitted in the bathroom & kitchen
    I noticed when I did an inspection there were patches of black mould which I sprayed with CillitBang Black mould remover and wiped it off which left the wall perfectly clear with no sign of mould. It was surface damp which could have been wiped by the tenant.
    I once was manager at a business which had 33 Tenants and over a 20 year period I heard a lot of excuses about why tenants have not paid their rent. The thought of a tenant withholding rent would make me get a Notice to Quit served professionally.
    I pay about £120 a year for Rent Guarantee Insurance, they will only pay me if a Notice to Quit has been served.
    Good Luck.

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      #17
      Where do these tenants come from lol chest x rays you couldn’t make it up could you.

      I know I defend tenants in some cases but my god get rid of this one ASAP. No work has been demanded by the council yet if at all.

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        #18
        Thank you everyone we are now two months in arrears apparently the excuse this month is that her bank account has been hacked! still no news on the health concerns. we managed to do the repointing, the vent system cannot be installed until December, I'm wondering now though do I have to fit it? I asked how we could make life better for the tenant and the surveyor suggested this system it's not a requirement? I'm not trying to get out of doing anything just concerned that we have rent and she could say after I fork out £2,000 for this system that she is still not happy and then i'm even more out of pocket. do you think its unreasonable for me to say that if rent isn't paid within two weeks I will serve a section 8?

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          #19
          Piffy,

          Thank you I took insurance out but unfortunately after the first month of rent arrears so i don't think i will be covered. as we are now two months in arrears and I'm yet to have any fact based evidence of the damp she is talking about can I issue her with a section 8?

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            #20
            the survey cost £300

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              #21
              landlord-man,

              Thank you as we are now two months in arrears do you think i can issue a section 8? i have not given a report to the tenant but the agents have a copy, should I send her a copy? the surveyor is council approved.

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                #22
                mokka,

                thank you, we are now two months in arrears. The surveyor is approved by the local council. Would you issue a section 8 in this case? I feel we are be taken for a ride

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                  #23
                  landlord-man,

                  thank you for your reposes it does seem to be all waffle apart from one suede show which had some mould on it, a few green specks on the bottom of a very old chair and a tiny bit of black behind the pipes of the toilet system which is close to the wall, so probably condensation, the bricklayer who did the small bit or repointing checked the bricks and says they are all dry, he's been in business for 30 years. No evidence of black mould on the walls inside or out. should I send her the report and give two weeks to pay the arrears before issuing a section 8?

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                    #24
                    Serve it now using g8 10 and 11, and also a s21 if outside the fixed term. S8g8 are easily defeated by paying enough to reduce the arrears to less than 2 months so your g8 could fail, plus with a g8 the tenant can draw out the process by claiming disrepair.

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                      #25
                      Originally posted by mrs1975 View Post

                      i have not given a report to the tenant ....
                      You first asked your Q here on October 8th, and you had the Survey Report before that time.

                      Are you seriously saying 2+ weeks has gone by and you STILL haven't given the Tenant the Report nor have you made any further attempt to do the work recommended.
                      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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                        #26
                        No we have been round and carried out repointing and we have booked the surveyor to go and fit the unit, however he can't do this until next month, that was the earliest he could do it. we arranged for all of this to be done within days of the report.

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                          #27
                          Originally posted by Jon66 View Post
                          Serve it now using g8 10 and 11, and also a s21 if outside the fixed term. S8g8 are easily defeated by paying enough to reduce the arrears to less than 2 months so your g8 could fail, plus with a g8 the tenant can draw out the process by claiming disrepair.
                          even if our report says there is no damp?

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                            #28
                            Originally posted by mrs1975 View Post

                            No we have been round and carried out repointing and we have booked the surveyor to go and fit the unit, however he can't do this until next month, that was the earliest he could do it. we arranged for all of this to be done within days of the report.
                            so the tenant IS now communicating and has agreed for the workmen to enter and fit the unit.
                            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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                              #29
                              Originally posted by landlord-man View Post

                              so the tenant IS now communicating and has agreed for the workmen to enter and fit the unit.
                              yes we have not gained access, but still NO rent. The ventilation unit was recommended because i asked what i could do to make life easier for the tenant, not because it's needed. The report states there is no damp of any kind in the property.

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                                #30
                                Originally posted by mrs1975 View Post

                                even if our report says there is no damp?
                                Possibly, if they bring it up as a defence, even with no evidence it's possible with a sympathetic judge, the hearing could be adjourned pending evidence being provided, which of course will lead to a delay of at least 4 - 6 weeks.

                                Why are you reluctant to use a s21?

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