Resolution case study - damp and mould

What happened?

The tenant said:

• they signed a one-year tenancy which began in the autumn
• there were signs of mould in the kitchen and lounge area from around two months after they moved in
• they continually wiped it down, as advised by the agent, and initially managed to keep it contained until six months into the tenancy, when it began to spread
• as it was now spring, they expected the issue to improve
• they then requested the landlord take more action to sort out the problem
• the agent sent round a contractor who they understand is just the decorator they use to paint all their properties

The agent responded, saying:

• there was no issue with any damp or mould when the tenancy started as you can see in the check-in report
• the tenant did report the issue and was sent a detailed information pack with full instructions on how to deal with the problem
• they heard nothing more until April, when the tenant advised the problem was getting worse and asked for a professional opinion on what was causing the problem and for the landlord to deal with it
• the landlord agreed to a contractor inspecting the property and the report that followed this visit said that the tenant was drying clothes on radiators and not ventilating the property effectively
• the tenant continued to report the problem for the remainder of the tenancy, however the landlord insists it was due to the tenant’s lifestyle and proposed the deposit be retained to make good

What evidence was provided?

Tenancy agreement, check-in report, check-out report, emails, contractor’s report, the agent’s damp/mould pack, estimate

What was decided and why?

1. The check-in report describes the kitchen and lounge as being in good condition and ‘freshly painted’ and the photographs embedded in the report support this description
2. The email trail follows the issue from when it was first reported and as it became worse, when it expanded to the downstairs bathroom and hallway
3. The information pack sent to the tenant was robust and informative and the communication stopped, until the spring when the tenant reported the extent of the problem and sent accompanying photographs
4. There were no follow up inspections by the agent to assess the problem when first reported and no other mid-term inspection reports provided
5. The contractor’s report is on headed paper and the expertise is listed as ‘decorator and house maintenance specialist’
6. The adjudicator was persuaded that:
   1. while drying clothes and not ventilating the property can be problematic, the four-month communication silence over the winter would typically be the time this problem would be at its worse, if it were solely due to the tenant’s actions
   2. the tenant continued to email the agent and due to no follow up visits by the agent on behalf of their landlord client, or any mid-term inspection reports, the problem was allowed to get worse through no fault of the tenant
   3. the contractor employed to assess the issue was not suitably qualified to carry out a detailed analysis of the likely cause

7. The decision also considered that the ground floor was newly painted while the first floor was not, which is sometimes a sign of an inherent problem. With such an element of doubt and lack of action by the landlord, the deposit was refunded in full to the tenant

Key takeaway points

• Always, always follow up on any damp and mould reported. Any advice can help but an inspection to make sure that advice is being followed is essential
• Tenants should always report any problem as soon as they see it, in writing
• Maintaining regular inspections is always key to a smooth-running tenancy
• When employing contractors to assess the likely cause of a damp or mould problem, a qualified surveyor is best to offer professional advice
• In cases concerning damp or mould, professional reports will be best evidence as adjudicators are not qualified to assess the cause accurately and it is the landlord (or agent) that is responsible for proving their case

For more information, Total Landlord, also powered by Total Property, has put together a guide, ‘Identify and prevent damp, mould and condensation in your property’, which includes the latest government guidance issued in September 2023, as well as a tenant checklist for you to share with your tenants.