Hi, one of my landlord friends is facing this problem: His tenants have sighted damp issues and want to break contract, they are also seeking compensation and asking for refund of 2 months rent that they have paid
My friend has received a quote for stripping the floor and doing DPC which is a lot of money and will take time
Question is - is he liable for the compensation?
what are tenants and landlord options here?
have they only been there 2 months? How long is the contract? How extensive is the damp (assuming that it has actually been correctly diagnosed as damp)?
There is consumer rights legislation that allows a tenant to âunwind a tenancyâ, (basically cancel it) within 90 days if the landlord or agent mis-led them about a serious issue that they knew about or should have known about. If the tenant claims this right within one month they are entitled to a full refund, otherwise a court may decide if it goes that far. The tenant would need to show that the landlord knew or should have known about the damp, which if its under the floor might not be possible.
The property may be uninhabitable if this is the case, so at the very least they should be released from the tenancy. If this were me, and taking this at face value, I would consult a specialist solicitor with a view to responding that I was unaware of the damp and its not something I could reasonably have known about. With that in mind I agree to a mutual end of the tenancy and for them to move out.
Hi @chawal2
Need to establish cause of damp - if penetrating from outside or rising ground water may be landlord or freeholder responsibility for maintenance eg to repair water running down a wall from gutters or poor pointing, and if maintenance not done properly they will be liable
If however inside at floor level behind furniture could easily be condensation due to poor ventilation- tenants not opening windows etc. Which could be tenants fault.
Many so called damp experts will automatically claim itâs rising damp and recommend stripping back old plaster to brick, installing new DPC, using a waterproof âslurryâ and replastering.
So despite living there for 2 months and maybe viewing in advance they now want all the rent paid back.
If it had been uninhabitable from the day they moved in a full refund would seem fair but then surely even then they should have noticed sooner and told landlord sooner so LL could get fixed.
However LL may have obligations to provide equivalent housing while repairs done so unless LL has insurance covering that, compensating them and letting them leave early may be cheaper.
Maybe try offering a monthâs rent back saying they should have reported any serious issues to LL within 1 month max
Or compensate 2 months but hold back part of deposit on grounds tenant breached agreement by not promptly reporting serious issues which will now cost more to repair as a consequence. (Get legal advice on whether this is possible)
Good luck!
excellent advice David122⌠many thanks⌠what i am not clear from your response is, should landlord refund 2 months rent along with letting them leave property ie 3 months rent as they will need time to move out. someone suggested we start giving tenants mould and damp information upfront for a new tenancy-what is your opinion on that?**
excellent advice David240-i am so grateful thank you v much
someone suggested we start giving tenants mould and damp information upfront for a new tenancy-what is your opinion on that?
Absolutely. My property manuals have a page which outlines what causes mould and that it is always down to the tenantâs lifestyle and not the property. I know this because I know my properties very well. It details practical steps to take to keep mould at bay, and I do quarterly inspections to make sure that any potential mould is being mitigated against.
In two properties where mould started to appear, it disappeared after they followed my guidelines.
Most tenants havenât a clue about how to manage mould so you need to tell them clearly.
i do not have any more information. tenant has been in property for only 2 months thanks
thanks i will send information now. u said âand I do quarterly inspections to make sure that any potential mould is being mitigated against.â - how do u mitigate please as some of my tenants face it and some do not. in 10 years that i have been renting my property where i myself lives for 7 years and did not have any mould
hi tatemono i shall be utterly grateful if u can share your property manual with me so i can also send same or similar if u do not mind? i want to do right things legally. i have not ever had or heard about damp so no idea what to serve regarding that. also rat and cockroach infestation information in that will also be handy to me. in fact i have never heard about property manual. thanks a lot for your guidance again
My property manuals are tailored to each property but generally they contain:
The guidelines on mould prevention are in the maintenance section and basically give tips like do not dry laundry inside, never on radiators, get a condenser washer/dryer, if in extreme weather you need to dry inside, use bathroom, turn on fan and open a window. Wipe windows/frames in the mornings in bedrooms and open a window for 15 mins even in winter to allow air to circulate. Dry cloth from this in a bathroom, not on a radiator.
Always open a window while having shower/bath and leave for 15 mins to ventilate afterwards. Shower / bath with bathroom door shut. Keep kitchen door shut when cooking. Use extractor fan and open a window while cooking. Keep lids on pans when boiling food. Heat rooms in winter. I talk this through and point out potential mould hotspots at checkin and I emphasise this strongly if theyâre not from the UK (e.g. a lovely Nigerian couple I have).
The advice also highlights that mould is their responsibility and damage from it will come off deposit.
you can also install humidity meters that will alert you if you connect them to the house wifi although these can be tampered with.
excellent information and many thanks for sharing so much personal information. you are v thorough. my rental property was for me and so has open plan kitchen. Just giving this manual to them will not bind them to accept responsibility for mould etc. so how do you bind them for above right ownership of their actions. is it worth adding a clause in AST contract that by signing this AST, tenant agrees to abide by tenant responsibilities outlined in the property manual? i am not sure about wording. any advice will be gratefully accepted.
You canât bind anyone to live in the property in a certain way. What the AST should state is that any damage to the property beyond normal wear and tear can be claimed for from the deposit. And damage from mould would fall under that. Provided you have an inventory stating that no mould was present and can show that the tenant received info warning them about this, your claim from the deposit on these grounds is likely to be succesful (no guarantees though!)
I would strongly advise you join a LL association and do their training. Either that, or Iâll give you my bank details, and you can pay me to train you instead 
Hi @chawal2
The OR ast has a clause
9.25. To take all reasonable precautions to prevent condensation and damp by keeping the Premises adequately ventilated and heated.
Your manual can outline ways to avoid condensation and damp inc opening windows, using a dehumidifier (both the electric kind or the crystals) and you could provide some hygrometers to show temperature & relative humidity (these are cheap and battery powered) - basically keep below 70% rh and you shouldnât get mould etc
Good luck
many thanks David240. perfect advice.
not sure why openrent is not approving my reply to your comment. so i m trying to rephrase third time. hahahaha very nice advice. thank you v much. u r a pro! i am a LL for 10 years but did not know LL need training too? I keep up to date by reading forums etc. i just googled and it shows two courses on a website but says for agents.i have had to remove website name and url due to openrent not approving. r u able to advise me any good training site - where u might have trained or otherwise? many thanks 
The automatic right to a rent refund ends if they donât ask to unwind the tenancy within the first month, although if the tenant goes to court, a judge may change that. I would certainly start by saying that I agree to the early surrender by not the full refund. Whether I offered anything would depend on the level of the problem and what theyâve had to put up with during the time. If I did offer, it would need to be as a good will gesture and not admitting any liability.
thanks lot David122. i will follow these
I recommend the n r l a - they have a comprehensive course and follow up modules to keep you accredited. Yes, you have to pay for it, but I think it saves you lots of money by preventing you making mistakes.
thanks i too had found and written to u about n r l a but openreach did not approve my comments. but n r l a has listed those courses for agents. will contact them. thanks a lot once again.