they have responded now but removing damp is not in my hands
I think that is one household and so not a HMO. Also no problem regards date of AST and serving a section 21 in terms of timing , sorry donât know how it would play out if the tenant claimed the sec 21 had only been issued because of the mould complaint.
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no worries and thanks David
@chawal2 so get the mould issues sorted - you are doing that anyway - and then issue the s21 you can do that any time between now and end April.
And if tenants refuse access to contractors or yourself or behave unreasonably in terms of not communicating in the meantime keep good records of that. Get as much clear evidence of lifestyle as the cause as you can - inspect, ask them face to face which windows they open how they often and for how long, ask what rh humidity setting they use the dehumidifiers on and what they do to remove mould and water to stop it building up, ask how they dry clothes, record all the answers and email back saying this is your record. Get a damp survey done by an expert. Give them guidance on how to avoid damp & mould.
And when all the mould removed, if they refuse to take your advice on how to avoid lifestyle condensation damp and mould, if you have a damp survey confirming that was the problem, issue the s21
Good luck
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thanks i will surely take this route. i am going to property on sunday with my builder-and then there is damp survey on 9th jan and then will proceed to the notice s21 if required
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The damp survey is pointless imo if you are confident the cause is not structural but due to lifestyle. Iâve had tenants like this and they were the only tenants that had mould issues. Everything was a problem with them, not just the mould. And every time I treated the mould and gave them tons of advice on how to prevent and treat it themselves, including giving them moisture traps (which they never emptied and refilled) and a 20L dehumidifier (which they never turned on), they made no effort and the mould unsurprisingly kept coming back. They were not taking basic care of the property (in violation of the tenancy agreement), they assumed no responsibility for anything, and kept making legal and financial threats despite me going above and beyond for them with the highest priority. At some point you realise thereâs nothing you can do, some tenants will always be troublemakers, and the best you can do is get them out to stop the bleeding and learn from it to avoid repeating the same mistakes.
Keep a paper trail. Treat the mould. Issue the S21 before itâs too late.
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thank you v much Surgi
sorry to hear about your past experience - some tenants (fortunately a tiny fraction otherwise nobody would be a LL) are like that
the main reason I suggested a damp survey was for evidence in court in case challenged there.
You and @chawal2 may be damp experts and recognize condensation/lifestyle causes but that may not hold much sway with a judge
Anyway @chawal2 said it was scheduled for 9 Jan so may all be immaterial now
Best
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Hi All, so we got wall insulated as suggested by two companies. And roof replaced as some leaks were also reported by tenants. i summarized in email that both these actions mean that house will not contribute to any issues any more. next problem is that, these tenants are always complaining of pettiest of matters and even asking me to pay for the electricity bill the builders must have incurred by inserting their equipment into their socket. i mean they are never happy and always calling me about petty complaints and demanding action. i want to give them section 21 whilst i still can. but i am worried they may just stop paying rent as revenge and i could make loss. any advice? how to deal with a tenant who is always demanding and complaining? thanks
Stop being scared of them. If they are being excessively demanding, speak to them asap face to face [arrange an inspection visit] and explain what is unreasonable [eg if they are effectively demanding hotel level or concierge service and thatâs not what you are offering or the frequency and tone of their requests], and what would be ok from your pov eg a single polite email with all non-urgent non emergency requests once a month directly after paying the rent, for you to review, consider and prioritise. Tell them if they prefer, youâre happy for them to give notice and leave in a monthâs time. Take a notice letter/form for them to complete, sign and give to you right there so they know you are serious and they have to make a decision on the spot.
And a month later if their behaviour continues to be unsatisfactory, just serve the s21. Dont worry about them not paying the rent as revenge, if that is their mentality they will do it anyway whenever they leave, whether now or in the future.
Good luck
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thanks for your most empathetic advice. I am very grateful and will follow your advice. thanks again
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Hi All, As you might remember I got the walls insulated from outside and roof redone last week but now Tenant wants me to repaint walls and ceilings as it has mould stains from mould before external insulation. is it landlord obligation to remove 'mould stains*â as well? am i right that dried mould stains are cosmetic issue and landlord has no obligation to fix cosmetic issue? i only got the whole house painted last summer.
Very tight. So what if you got it painted last summer - if there has been mould damage/stains since then.
Mould stains on paintwork are unsightly and youâd need to get done before you rent again anyway. Itâs only a matter of timing. I would just get it all painted - after first cleaning all the walls and ceiling throroughly with mould removal spray/biocide
(If you are evicting them soon anyway, consider waiting till left so cant damage new paintwork. But then a risk they claim âretaliatory evictionâ at court because they asked you to paint)
Good luck
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yes i agree with you. they r very demanding tenants. i have been letting this property from 2015. none troubled me even 10% of this. they r constantly complaining. why cannot they just leave? never mind, so how about i get only the stains cleaned for now so that the stains do not look unsightly? i only want to avoid legal trouble or fine.
hi David, so if i get the walls painted , then how soon can i give them section 21 notice? how to avoid the retaliation risk in court? thanks
just serve the s21 as soon as walls painted dry and you or painters have taken photos as evidence itâs been done
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will do as matter of urgency thanks again David
Ps getting you to address mould/damp/condensation problems and then asking that the decoration/walls be returned to the state they were in before the problems (presumably similar to what they viewed when they originally moved in and therefore what was advertised) is actually entirely reasonable and normal, and not âdemandingâ. Any tenant would ask the same. Donât expect anything different from other tenants.
Good luck
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thanks i get your point. may be in past my tenants were very good. they could have just touched up paint themselves esp after so much costs on me in last 4 weeks-out of some politeness and consideration. but u r right-tenants have right to demand that. but he is still reporting the damp in bathroom ceiling and few other places. although my builder himself told me that he shook off the dried mould matter and walls are all dry after external insulation. so it seems they will never stop complaining. there is extractor fan in bathroom and window and 2 dehumidifiers in home. i am now worried that he will never stop complaining and what remains is lifestyle condensation - but will keep harassing me. what do u think about now continued complaint about mould in bathroom and other places-asking me to have a look and resolve matter? how to protect myself and proceed. thanks
@chawal2 hmmm well mould is tricky and some people have respiratory conditions and also donât want to touch any repairs to a property in case they cause damage. I think if there has been extensive mould problems itâs fair to ask LL to clean off to make safe. They have no reason to know your builder thinks all dry and ok now do they?
Visit, take a damp meter and show tenant itâs all dry and tell them what builder told you. Get dried mould cleaned off and paint over. Thatâs all perfectly reasonable to ask from tenant.
With any new tenants make sure they get told the property must be ventilated properly, extractor fans and dehumidifiers used and IF there is any slight mould (eg in corners or door frames or on window frames or behind furniture) then it is tenant âs responsibility to remove using anti mould spray as part of regular maintenance. You may wish to use anti mould or scrubbable paint when re-painting.
Good luck
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