Resolution case study – Damp and mould with surveyor’s report

What happened?

The tenant said:

• they emailed the landlord the day after moving in, to report that there was a damp problem in both bedrooms and the lounge
• even the check-in report shows different patches on the walls in each of the rooms
• they tried to clean it and wipe it down every week, but the landlord should have dealt with it during the tenancy and not proposed costs now they have moved out

The landlord responded, saying:

• there was some discolouration on the walls when the tenant moved in but not to the same level as when they moved out and it is not just wear and tear, as you can see on the check-out report
• the surveyor’s report says that the problem is partly down to the tenant’s lifestyle, which is why the proposed cost is only a contribution towards the work needed

What evidence was provided?

Tenancy agreement, check-in report, check-out report, tenant photos, surveyor’s report, email communications and estimates.

What was decided and why?

• The check-in report only refers to the walls in one bedroom being discoloured below the dado rail, with no comment on damp.
• The tenant emailed the landlord reporting a problem with damp patches appearing the day after they moved in, in line with their responsibilities under the tenancy agreement.
• The check-out report notes that the walls below the windowsill show discolouration and chipped paint is evident, and the walls in bedroom one show discolouration throughout.
• The landlord provided an independent surveyor’s report from an investigation which only took place a month before the end of the tenancy, and a follow-up inspection one week after the tenant moved out.
• The surveyor’s opinion was that:
• the flat is well-sealed with insufficient ventilation, and the floor is likely to be uninsulated or insulated very minimally
• there is no fixed mechanical ventilation which, if used correctly, would prevent condensation from forming or causing on-going problems
  • the standing water and dampness had reduced significantly since the property was unoccupied, making part of the problem condensation due to tenant lifestyle
  • the problem can be tackled by reducing the amount of moisture in the property (by proper ventilation and tenant use) and by installing powered extractor fans
• On balance, as the tenant had reported the problem at the start of the tenancy and the landlord waited until the tenancy was ending to investigate the problem, the tenant could only be partly responsible for contributing to the problem by not adequately ventilating the property when advised at the start and allowing the walls to continue deteriorating.
• The landlord has provided an estimate for £1,382.23 for supplying and installing condensation controls in the property and is claiming £600.00 towards the costs.
• The landlord was responsible for installing proper ventilation and for allowing the problem to grow worse before taking any measure to resolve it.
• While the landlord was only asking for a contribution towards making good, the extent of the tenant’s responsibility and due to the landlord’s lack of action at the start of the tenancy, the tenant could only be responsible for a contribution towards the additional deterioration to the walls at the end of the tenancy and the landlord was awarded £207 (15% of the total cost).

Key takeaway points

• Maintaining a good relationship with your tenants and dealing with any issues as they happen is key
• While tenants have a duty of care to look after the property for the time they are living there, and report any areas of concern, landlords are responsible for maintaining the property and making sure it is fit for purpose
• Any advice given to tenants during the tenancy should be followed up to make sure the issue is not getting worse
• Damp and mould can occur through a lack of ventilation and/or a structural defect. An adjudicator is not qualified to assess the root cause and evidence must be provided to show why the problem has arisen
• With damp, mould and condensation issues, a surveyor’s report is good evidence and:
  • often the only way to assess the likely root cause of the problem which can be multiple
  • without a survey, an adjudicator is unlikely to find a tenant wholly responsible for costs, especially if they are high