Tenant deposit question.

lor6126

In process of putting property on market and have given tenant notice to quit. We have been in property when estate agent visited and noticed that there is signifcant mould on bedroom window and wall. never ever had this when we last lived in it a year ago. however i didnt want to examine it too closely in front of estate agent.
I think the tenant has only been living there part time over winter and has had no heating on. The curtains have remained shut for weeks on end and no lights seen on etc. (im not a stalker btw, but park there everyday when im working shifts lol) Will this be easy to remedy when he moves out, and if it means redecorating are we entited to charge him for a portion of this from deposit?.

We havent really wanted to ask him if he is actually staying there all the time as its not really our business and the rent is being paid.

BitterAndTwisted

It all depends on the cause of the condensation and mould. Is it in a second bedroom which hasn't had much use and not been heated? Used to dry laundry with no heating and the windows shut?

In the first instance I'd ask your tenant how long it's been like that and why they haven't reported it.

slyracoon

You will need to take a closer look once the tenant is out.

If its just surface mould its likely that its the tenant hasn't had the heating on or has been drying clothes in there with the window shut. In this case you should be able to scrub it off and repaint, and charge the tenant a fee for this.

If on inspection the mould is more than just on the surface then its likely that its a bigger problem with damp getting in the walls, maybe blocked guttering, broken down pipe, bad pointing etc. In this situation its your problem and not the tenants.

If he is a good tenant he'll clean it up and put it right before he moves out.

lor6126

BitterAndTwisted wrote: »

It all depends on the cause of the condensation and mould. Is it in a second bedroom which hasn't had much use and not been heated? Used to dry laundry with no heating and the windows shut?

In the first instance I'd ask your tenant how long it's been like that and why they haven't reported it.

Its a one bedroom flat,i dont think the tenant has been able to afford to heat it. When he moved in he had a girlfriend,(named on agreement as staying with him)but she doesnt seem to be there any more, so i think he may be sstruggling on one wage, although he has always paid rent.
Partner is meeting agent there today to get home report done, so il get him to have another look and ask tenant about it. When we were there his laundry was drying in living room not bedroom,also noticed livingroom wallpaper coming away near drying airer directly thro wall from bedroom window, tho no mould showing on this side that we could see. It was hard to get a good look at it as tenant was there at time.

How can we prove it is lack of heating that has caused it tho, i know its not a problem with the windows or leaking pipes etc, all been checked.

We are just wary of alienating tenant when he is allowing us access for estate agent, viewings etc, as he could refuse until tenancy is up.

lor6126

slyracoon wrote: »

You will need to take a closer look once the tenant is out.

If its just surface mould its likely that its the tenant hasn't had the heating on or has been drying clothes in there with the window shut. In this case you should be able to scrub it off and repaint, and charge the tenant a fee for this.

If on inspection the mould is more than just on the surface then its likely that its a bigger problem with damp getting in the walls, maybe blocked guttering, broken down pipe, bad pointing etc. In this situation its your problem and not the tenants.

If he is a good tenant he'll clean it up and put it right before he moves out.

Roof and guttering has all been renewed and building painted in last two years through owners association. We share costs for all this.

BitterAndTwisted

If you've lived there yourself without any problems and there's nothing structurally wrong then it's almost guaranteed to be caused by the tenant's lifestyle. Just because laundry is hanging in one heated room does not mean that moisture-laden air can't migrate and condense on the coldest surface in a different room. It's almost certain to happen in a property that's not heated throughout and all the windows kept firmly shut 24/7. All it would need is for the internal doors to be left open.

I would plan to make a reasonable deduction for making good out of the tenant's deposit without a qualm.

tbs624

lor6126 wrote: »

In process of putting property on market and have given tenant notice to quit.

NTQs don't apply to ASTs. A S21 notice is a notice that you intend to seek repossession of the property after the expiry of the Fixed Term/two rental periods if on a stat periodic. T does *not * have to vacate at that point.

However, why not try to set up a mutually convenient time/date for a visit a week/10 days before the term expiry and have a chat about what the T needs to do to regain the deposit. Haringey Council have a useful pdf on mould/condensation which you may want to (a) read yourself and (b) pass to your T. He should have reported the issue to you but its fairer to give him some guidance on how to improve matters now you know about the mould/damp, rather than just slap him for a deduction after he has moved out.

I think I'd be tempted, as a start, to get a dehumidifier and ask him to run it. This is especially important if Ts have nowhere outside to dry their washing.

Remember that you will need to be able to evidence the condition of the property at the start of the tenancy - did you complete a full inventory, signed by both parties?

Have you also scheme registered the T's deposit and given him a copy of the prescribed info?

lor6126

tbs624 wrote: »

NTQs don't apply to ASTs. A S21 notice is a notice that you intend to seek repossession of the property after the expiry of the Fixed Term/two rental periods if on a stat periodic. T does *not * have to vacate at that point.

However, why not try to set up a mutually convenient time/date for a visit a week/10 days before the term expiry and have a chat about what the T needs to do to regain the deposit. Haringey Council have a useful pdf on mould/condensation which you may want to (a) read yourself and (b) pass to your T. He should have reported the issue to you but its fairer to give him some guidance on how to improve matters know you know about the mould/damp, rather than just slap him for a deduction after he has moved out.

I think I'd be tempted, as a start, to get a dehumidifier and ask him to run it. This is especially important if Ts have nowhere outside to dry their washing.

Remember that you will need to be able to evidence the condition of the property at the start of the tenancy - did you complete a full inventory, signed by both parties?

Have you also scheme registered the T's deposit and given him a copy of the prescribed info?

its a short assured tenancy, (scotland) and we have issued the 3 relevant documents including at6. we have an inventory from when he moved in. we dont currently have to register the deposit yet. Will update what he says this afternoon.

tbs624

lor6126 wrote: »

its a short assured tenancy, (scotland) and we have issued the 3 relevant documents including at6. we have an inventory from when he moved in. we dont currently have to register the deposit yet. Will update what he says this afternoon.

Thanks for clarifying - unless someone flags up specifically that the property is in Scotland we tend to assume its E/W

As you say, there is no requirement to scheme register deposits, north of the border. As in E/W, same thing applies with notice, in that if T stays put you'll need to apply for a court order for possession.