Damp issues in flat – problems with tenants?

Damp issues in flat – problems with tenants?

0:06 AM, 20th September 2023, About A year ago 20

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Hello, I have a two bedroomed ground floor flat. The current tenants have been there for four years now. Last year, they began to complain of excessive damp within the property. I had a damp survey done and was advised to have the air bricks repaired and renovated as they had collapsed within the cavity and were no longer effective.

The damp survey also suggested that it was ‘Environmental dampness’ and it is the activities of the tenants which is creating moisture vapour. There is a lounge/kitchen diner layout) and there is no window in the bathroom. I had the air bricks repaired and had additional air vents put in at various places to counter this, plus an extractor fan in the bathroom.

The tenants recently complained again that the moisture in the property is excessive and there is now excessive black spot mould in various rooms including the lounge which they keep wiping down to minimise the impact. The tenants have invested in de-humidifiers but they are having to empty them regularly and accept that they aren’t enough.

I have now had a second survey done which pretty much backs up the first with the conclusion being that it is ‘Environmental dampness’ caused by tenant use. There was never a damp issue with any of the previous tenants which backs up this conclusion. The recommendation now is that we install a “Positive Input Ventilation Unit’. I have spoken to two companies that have said that this is not the right solution and will not help. The tenant has also said that they don’t want anything installed which will increase their electricity bill which also makes me wonder if they are actually heating the property sufficiently.

The survey also recommended that I apply two coats of thermal paint to the external facing internal wall surfaces and ceilings which will increase the temperature of the internal wall surface to reduce condensation forming and thus preventing mould.

I had a company in today to assess the work needed and to provide a quote. They have come back and said that they cannot consider doing the work because the tenants are storing an enormous amount of things in the property making appropriate access impossible. They explained that the second bedroom has so much stored in it that they cannot access the room at all.

I have talked to the tenants about opening windows when drying clothes, etc. but they have said that they have invested in de-humidifiers, etc. and are reluctant to open the windows because it makes the property more vulnerable to burglars, etc. They claim that they keep the front door open when they are home.

The tenants are also refusing to let anyone into the property unless they are there, but they work shifts which makes it very complicated.

My question is, is it my responsibility to pay for the property to be cleared of their belongings before the work is completed or is it reasonable for me to ask the tenants to clear out their belongings so that I can get the work done?

Any insights would be greatly appreciated.

Pam


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Nikki Palmer

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9:34 AM, 20th September 2023, About A year ago

I think you have done what you can and need to be firmer with your tenants.
You have already said that no other tenants have experienced problems living here
We have also just had an incredibly warm spell and I am not sure where the need for 'heating' the property comes into it but if this is not managed now it will only get worse over the coming months.
Have you shown the tenants how they can keep windows on a catch to keep them secure while they are out? Have you given them as much information as possible (in writing) about the causes of condensation and shown them if necessary the copies of the reports you have had done, stressing the fact that you have done what is necessary and the rest is now down to them. You need to keep this in writing and factual.
The next thing will be for them to start complaining that their possessions are getting damaged and trying to hold you accountable for replacement - do you intend doing that as well?

Jane Tomlin

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9:34 AM, 20th September 2023, About A year ago

Are they running a business (eg. on-line/Ebay) from the property? Why would they have so much stuff stored that you can't access the bedroom? We had a bungalow that the tenants set on fire which was greatly exacerbated by the fact that they were making clothes and selling them on FB. After the Fire Brigade put the fire out there was wool and material everywhere. The garage and back bedroom was full of flammable material. The electrician had told the agent that he couldn't access the garage due to the goods stored in there, which she ignored .They caused around £500k of damage over three properties. You would also have grounds to evict them as they would be in breach of their AST.

toby marsden

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9:36 AM, 20th September 2023, About A year ago

Pam in the end it all boils down to Fair Reasonable and Willing.

Its clear you are a responsible landlord. You have taken steps and actions. You have evidence of an independant expert stating the problem is being caused by the tenants. Judges are not fools and have to apply the law regardless of what any LL hating council enforcement officer says. Many would disagree with me but i would fight fire with fire. I would be concerned about a huge re decoration bill after these tenants leave effectively damaging my fixtures and fittings. Therefore i would send them a copy of the report and tell the tenants they have to immediately clean the mold damage and ventilate and de clutter the property (and that they have denied a further mechanical ventilation that you will install at your cost). Tell them you will be carrying out inspections to monitor it and costs may be chargeable. I have found being weak with tenants is not good. Stand up to them. In the background i would consider serving them s21 if you think they are going to cause trouble

good luck

Chris Rattew

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9:41 AM, 20th September 2023, About A year ago

We used heat-recovery ventilation. The tenants did not understand it and closed the inlet vent, so ensure that the air inlet vent is never closed. I will tape over ours. This method should not increase bills significantly. Positive pressure ventilation will bring in cold air, and this itself could emcourage mould.

Neil T

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9:42 AM, 20th September 2023, About A year ago

In the UK, landlords are legally responsible for ensuring that the accommodation they provide is free from serious hazards, including damp and mould, and that homes are fit for habitation. This includes ensuring the property is well ventilated, particularly in rooms where there are high levels of moisture, ensuring the property has an adequate damp proof course, and remedying any structural or exterior defects to the property.
However, it's important to note that if the damp is caused by condensation, which is often a result of the tenant's lifestyle (such as drying clothes indoors without adequate ventilation), some landlords may feel it's the tenant's responsibility to adjust their lifestyle accordingly.
In your case, since two surveys have concluded that the dampness is 'Environmental' and caused by tenant use, it seems reasonable to ask your tenants to make some changes. However, it's also important to continue making efforts to improve the property's ability to handle moisture.
Regarding your question about clearing out the tenant's belongings before work is completed, it would be reasonable to ask your tenants to clear out their belongings so that you can get the work done. It's important for tenants to cooperate with landlords when repairs or improvements are being made. However, you should give them reasonable notice and work with them to find a suitable time for the work to be done.
Remember, communication is key in these situations. Try to have an open and honest conversation with your tenants about the issue and work together to find a solution. If necessary, seek professional advice to ensure you're handling the situation appropriately.
PS I have always found PIV to be effective and relatively cheap to run.

LMitchell

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9:43 AM, 20th September 2023, About A year ago

I have only recently become aware that the Positive Input Ventilation Units will cause the EPC rating to drop. As an Agent, we have them in several of our Properties and they do work. They are also very cheap to run. It also means that less heating is needed because it is dry air been warmed up and not damp air which takes longer. So the cost balances itself out. Landlords been penalised for this is ridiculous.

Rose

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10:11 AM, 20th September 2023, About A year ago

PIV systems work amazingly well. Everyone I have recommended one to have thanked me. Could you find out the running costs per month and deduct it from their rent, so you are standing the running costs.They are reasonably priced if you buy one online and get an electrician to install it rather than going through a dedicated installer. At least you would know whether it works. I would recommend hard wiring to a fused spur so it cant be turned off, especially if your paying for its running costs.

Tim Rogers

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10:20 AM, 20th September 2023, About A year ago

You might do well to investigate Passyfier® Vents. I've fitted them in multiple properties and found them highly effective. It helps if you have humidity triggered fans in the kitchen and bathroom.

Matthew Jude

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10:32 AM, 20th September 2023, About A year ago

I have had this happen in several of my properties.
If you have tenants who accumulate possessions, overfilling your property and do not understand or are unwilling to cooperate with controlling condensation, you cannot resolve this with these tenants in situ as all official bodies will blame you! Look up Michael Gove's ridiculous statement, which does not represent the actual government report.
You need to evict using section 21 whilst you still can. If the council issue an improvement notice against you, you cannot evict for six months. When the property is empty, you can make any necessary Improvements easily. Do not put this off, your tenants may be able to find somewhere else now, but in the future it will be much harder for them.
Our rentall housing market is being turned upside down right now.

Reluctant Landlord

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10:48 AM, 20th September 2023, About A year ago

I may need to lookinto this, but I have the added issue of one on my properties being a G2 listed.

I am assuming a PIVU could be installed in the loft space above the bathroom, alhtough ideally a Passifyer vent may prove better. Issue is it has to go through a wall and that proabably needs permission...

What about standalone plug in units that I could provide the tenant to use instead after she had showered? Plug in from the corridor and put into the bathroom for 15-20 mis or so??

Anyone has a similar situation?

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