Tenant has complained in email

thanks David. i informed all above to these tenants also; and we all know, any house can be made moulded if not ventilated and moisture built up.

I add this custom clause

Custom Clause. Avoiding damp and mould - Ventilation & heating -The extractor fans in the bathroom and kitchen are designed to be used constantly in trickle mode and must not be turned off. The tenant must ensure the property is properly ventilated by regularly opening windows and/or through use of a dehumidifier, and heated sufficiently, to prevent mould or damp.

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i will also add thanks Dave

Hi Dave, i hope u r well. would you please consider advising me what excuse should i give even if i do not need to give any reason in section 21 exit notice, to keep good terms and they continue to help us with viewings? just to add here, my builder finished painting over weekend; and he sent me video - there is condensation in house which is consistent with the fact that he noticed over last 3 weeks whilst he was working there, that they do not keep heating on-thermostat was set at 15 degrees. it was acknowledged over phone by tenants as well, they said they only keep heating on when they r present in property. so i believe property is being damaged due to lack of heating and mould will keep coming back with these tenants. thank you David :folded_hands:

@chawal2 I wouldnt advise giving any excuse. If they ask, just say that you have served the s21 which says why it has been served, ie to take back possession of the property. If you are doing viewings then they will work out that you are trying to rent to someone else or to sell.

Meanwhile I would email or write to them repeating that they have told you they only keep the heating on when they are present, and that you have observed the thermostat is set at only 15C. Tell them they must set the temperature at 18C, quoting the following UK govt guidance

“The recommended minimum temperature to keep a house in the UK during winter is 18°C (64°F) to protect health and prevent condensation. This threshold is vital for bedrooms and living rooms, especially for the elderly, children, or those with health conditions.”

(“Minimum home temperature thresholds for health in winter – A systematic literature review - Public Health England”)

You should tell them that by setting at only 15C [if you have in writing or a photo from builder showing the setting] they are be in breach of the tenancy agreement because they are not heating and maintaining the property adequately and causing condensation even tho they know the property has a history of mould and damp.

When it comes to their departure, I would claim as much of the deposit as you consider reasonable due to the ongoing damage and breach of the tenancy agreement, which has caused you significant expense [[both cleaning mould and remedial repairs including painting] to try to deal with and which they recklessly continue to breach, despite knowing the property is liable to have mould and condensation. You have told them before [hopefully in writing so can produce as evidence] that they need to heat and ventilate the place properly. You will [if you send a record now] have the email correspondence/record of the conversation that they dont turn heating on when not there, and evidence from builder of condensation and 15C thermostat setting. Frankly their behaviour is outrageous. So long as you have the evidence of their lack of care and damage caused, the deposit scheme should hopefully side with you.

good luck

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thank you Dave :folded_hands: . I have given notice and send this email soon.

Hi Dave, I emailed them S21 notice on 9th march 10 pm and they have not acknowledged the email or receipt of notice in anyway. I am wondering what are my next steps. thanks again :folded_hands:

@chawal2

Assume take says you can email it?

and you posted tracked as well?

Schedule an inspection visit and ask for them to be there. Take a friend as a witness

If they are there, hand them a copy of the s21 and the email showing sent.

If they are not there, proceed with inspection visit (they do not have to be there) and leave the s21 in plain view. Take a date stamped photo of it

Good luck

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Thanks David. Email is official communication channel with them. So i guess will wait for 2 -3 more days and then call them.

Stop blowing up their phone and switch entirely to formal emails or letters so you have a solid paper trail for your own protection. You absolutely cannot rely on a 7-year-old insurance report or your own “lifestyle condensation” diagnosis; if the tenant goes to Environmental Health, the council will assess it themselves and can slap you with a legal Improvement Notice. The courts do not care that you lived there 10 years ago without issues, because under the Homes (Fitness for Human Habitation) Act, the burden is on you to prove the property has adequate ventilation for modern living. Serve them a formal 24 hours’ written notice for an inspection and hire an independent damp specialist immediately, as a professional report is the only evidence that will actually protect you if they try to sue for damages. While the council probably won’t force you to pay for massively expensive external wall insulation, they will absolutely mandate proper mechanical ventilation like a PIV unit or hard-wired extractor fans if your solid brick house can’t breathe.

@Mint_Handover

OP says he has already put in external wall insulation and new roof to address damp/mould and tenant still not heating place properly - hence condensation observed by builders.

Did we read the same post? OP literally says in their post that insulating the solid walls from the outside would be “too expensive” for them, so they definitely haven’t done it yet. Regardless of OP’s theories about how the tenants are heating the place, they still need a recent, independent specialist report to actually cover their ass if Environmental Health gets involved.

@Mint_Handover

Yes they were worried about cost but more recently have said they did external insulation

But easy to miss… a very long thread

Best

David