My place had some mould in the corners. Was fixed by a combination of new guttering, positive input fan and the tenants being more careful with ventilation.
However, not all tenants will do so, and not all black mould has a physical cause. We can argue but it’s usually down to behaviour. What happens then?
You’ve had the damp companies out. They’ve either confirmed it’s tenant behaviour or sold you stuff you didn’t need.
Then what? It sounds like tenants can take you to court? In the old days you could just agree to end their tenancy and have them move out, but now you can’t even do that.
You’d effectively be paying them compensation to live there.
Am I missing something. My previous tenants have moved out and it needs re-letting, but really having 2nd thoughts on it all.
RRB protects tenants from emergency situations of awful mould and damp where bad landlords behave badly.
There’s nothing saying you can’t still specify clauses about the tenants needing to ventilate adequately and take steps to prevent mould and damp problems. You could specify that wet clothes are not to be dried on radiators etc. You can specify they must follow lifestyle guidance where specifed by your damp specialist contractors. Just like you can specify they must test the heat and co alarms regularly.
If they don’t adhere to the clauses and mould results they are in breach by causing damage to your property (still allowed as a reason to evict). So you can evict.
I’m more worried I’ll end up clobbered for tenant behaviour.
It’s not just limited to mould, but this feels like the topic of the hour. And seemingly no end to the number of no win no fee lawyers starting up ready to bounce on any decent landlord who has made the slightest error.
I’m even seeing stuff around things a landlord can have very little control over, like noisy neighbours.
I’ve always been a decent landlord, got on well with tenants and never really worried but it all just feels like a hiding to nothing now.
This is why its important to take professional advice and stay up to date with the latest thinking on how to respond. I’d agree with David240, but if this happens and you havent followed all the right steps in the time limits allowed, then you risk the sort of scenario you describe. I’d suggest you join a landlord association and keep reading all their material.