Recovering damages from live in lodger?

Hello, my lodgers have an excluded licence agreement. I stupidly only charged £400 deposit which is less than half a month’s rent.

They knowingly entered into my house on the 6th of August having come from a “mould-infested basement flat” that they had been living in for 8 months. They did not inform me of this before moving in. I only happened to find out when I saw them spraying their possessions in antifungals.

When I challenged them about this they then told me about the mould-infested property that they had come from. They told me that their previous landlady had not repaired the damages. They described a variety of mould on much of their belongings including furniture, clothing and other possessions such as speakers and picture frames, books etc.

I was extremely concerned about this but also felt sorry for them. I told them that the agreement they had signed stated clearly about not causing any damage or bringing any hazards into the property and as such they would need to be extremely vigilant to any signs of the re-emerging (re-blooming) of any mould spores that they had brought into the house.

I regularly noticed mouldy food items that they were not tending to (though I have no evidence of this except text messages). They were not cleaning the house as agreed in the contract and I spent hours doing so. Within 3 months I happened to notice mould all over one of the lodgers’ shoes and the other’s bags hanging on the back of the door in her room. On asking them to go through other items, they then found mould on speakers, picture frames and other items of clothing.

I later found mould in my living room (where I had allowed them to bring their sofa) all over specific items of furniture that were next to their sofa and that I had hoovered after hoovering their sofa. This was unusual green/blue mould that needs little moisture to take hold apparently.

I have never, in 19 years of living at my house (or any other for that matter) had any problems with mould. I have owned my great grandfather’s chest for 19 years and my brother for twenty years prior to that. It has been in the family for hundred years or so with not mould issue.

Following further research on mould and realising that it is a category 1 health hazard and that the risk of cross contamination is high, I arranged within 5 days for expert professional de-moudling of the entire property at a cost of £1440.

My lodgers have handed in their notice and will be leaving on the 6th December.

Do I have the right to ask them to pay for the damages of £1440. They have paid for rent up to 6th December. Can I also serve them 7 days notice due to breach of contract (I feel confident that they have breached the agreement) and not have to give them a rebate of the 2 remaining weeks between 12th November and the 6th December?. This is the only way I can think of recovering the cost of damages incurred – it would provide me with £650 rent and £400 deposit.

Thanks,

Morwenna

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