Advice needed re-damp issues

bargainbunny

Hi my bf had tenants in for 12 months all above board with a letting agency
rent in deposit scheme ..they was credit chequed, refs etc.

The property had been recently completlely renovated before they moved in.
New bathroom/kitchen.. all electrics new double glazing.. laminate flooring, decorated throughout, hilary blinds etc

He did leave some new fixtures such as new lampshades and door handles too, all of which are not there upon inventory check out.

So basically it was a brand new flat..
then a few months back they complained of damp patches so my bf went round to check and bought them a new de humidifer and got a builder in to put in air vents and cleaned the damp with bleach/ mould protection treatment..

Then he started to get messages asking for compensation for bedding, shoes etc that they said was caused by the damp.
Last month they said the damp was worse and they wanted a rent reduction.

The letting agent went round and took pictures of the damp and in the pictures was clothes aires full of clothes and the windows was shut with lots of water dripping down them.. she advised them that they needed to not do that and ventalate but the man was quite abrupt with her.

The company who did the windows checked the seals etc and said they was all good.

Now the couple who was renting have moved out early and said they would for go there deposit as they left early due to rs break down.

The neighbours said they smoked drugs and could hear excessive noise/arguing etc.. so obv my bf is happy to see them go.

Now today they are disputing the deposit saying they had to live in damp conditions..
We have been in a cleaned the flat.. ventalated and kept heating on low to help dry it out.. plus redecorated it all.. all in 24hrs:mad:
it seems like they deliberately kept the damp going as the air vents was shut and dehumidifier not even used.. was new in box which they have also taken..

They also replaced 2 doors with ones that do not fit.. ie 3 inch gap at bottoms..
and one door from kitchen/lounge to hallway is completely missing.. unfortunately the sizes are not the norm either so have got to be built up.
The letting agency is in agreement with us that the damp was caused by condensation.. and the builder and damp company said the same.
My bf wants to claim the deposit plus costs and replacement of the doors/door furniture , dehumidifier.

Any advise on any of the above would be great.. thanks

G_M

See the RLA's factsheet on damp here.

Sounds like tenant lifetyle caused the damp so deducting damage from deposit is appropriate. Submit the RLA leaflet to the DPS arbitration along with photos and statements about their lifestyle.

BitterAndTwisted

Can you prove that they took the doors with any evidence like photos? How do you know that they didn't used the dehumidifier if they took it with them? Have they left the property during their fixer-term agreement or were they on a periodic tenancy?

Get a written statement from your builder and damp company confirming that the damp was caused by condensation due to the drying of laundry indoors combined with inadequate heating and ventilation. Confirm in writing that the LL had done everything that could have been expected of them, including getting the vents installed and supplying a dehumidifier which they would like the return of, please. Therefore, given the lack of notice that they wanted to surrender the tenancy (a month) combined with the damage caused by their lifestyles and the removal of bespoke doors the LL will be withholding their deposit. A list of the rent, cost of the new doors and the dehumidifier needs to be listed plus any materials used to clean the place.

Then, get onto the deposit protection entry on the website and claim the whole amount.

bargainbunny

BitterAndTwisted wrote: »

Can you prove that they took the doors with any evidence like photos? How do you know that they didn't used the dehumidifier if they took it with them? Have they left the property during their fixer-term agreement or were they on a periodic tenancy?

Get a written statement from your builder and damp company confirming that the damp was caused by condensation due to the drying of laundry indoors combined with inadequate heating and ventilation. Confirm in writing that the LL had done everything that could have been expected of them, including getting the vents installed and supplying a dehumidifier which they would like the return of, please. Therefore, given the lack of notice that they wanted to surrender the tenancy (a month) combined with the damage caused by their lifestyles and the removal of bespoke doors the LL will be withholding their deposit. A list of the rent, cost of the new doors and the dehumidifier needs to be listed plus any materials used to clean the place.

Then, get onto the deposit protection entry on the website and claim the whole amount.

Hi yes we have pictures of flat before and during there tenancy.. fixed term and photos after..
my bf saw dehumidifier still in box when he took damp expert round there.. he was considering air bricks but cost was high and i suggested he wait and get more advice.
All companys used are registered etc so will get him to ask them for letters to be sent.. is it only the deposit he can get back? or can he ask for costs too? also letting agency is still managing property so is it them who pursue deposit scheme etc?
thanks

thank you to poster who put link in for compensation.. we did forward this to the tenants previously and will def put it in welcome pack for new tenants.

thanks

BitterAndTwisted

How many months were there left until the end of their fixed-term? If the deposit won't cover all of the legitimate costs he has to bear he could consider taking them to the Small claims Court. This is assuming that he knows how to find them and that they have the money to recover his costs from. These blighters sound like they deserve a CCJ even if he can't get a penny from them. The cost of starting proceedings in the SCC is about £50-odd quid. I'd do if only to f*ck them up and maybe prevent them from doing this to another landlord.

bargainbunny

yea the letting agency said they have there address , they had 3months to go and only gave a weeks notice which went to 2 weeks before that actually moved out.
They did say they took there previous landlord to court for damp, and won.. so
i think they knew what they was doing, its basic sense to open a window
if water is dripping etc. and if they had knowledge of damp im sure they knew this.
Plus it was surface damp removed with neat bleach easy enough for me to do so how could they not have even bothered..
My bf did meet them and is not as erm assertive as me:D so hence why they tried it on.. luckily he has me to back him up.. so yes we be going to court.
thank you

bargainbunny

I write with reference to the above mentioned property and deposit dispute remaining of £625.00 for the previous tenant ***and ***
Please be advised that a final decision has been received from The DPS following the matter being passed to an adjudicator. A copy of the final adjudication report is attached for your information.
The decision has been made that £625.00 returned to the previous tenant.
I see in the attached report that the reason for the decision is that the previous tenant provided proof that they had to vacate the property due to incurring health reasons due to the damp and despite the agreement being reached between Landlord and Tenant (which the DPS acknowledge) that the tenant had no choice but to leave the property.
Under The DPS regulations and The Deposit Protections Service ADR Rules, this decision is final.
This matter now closes our files, however if we can be of any further assistance, please do not hesitate to contact me

bargainbunny

Sorry to say my bf lost the case.. the agent didnt even bother to put in a report saying in there op the tenants lifestyle caused the condensation..
They however got a gps letter and went off on there merry way to probably do this to yet another LL as previously they took another LL to court for damp issues.

:mad:

taxsaver

Wow, that's an appalling result! I'm very sorry for you. Whata about the doors that they stole and the de-humidifier???? :mad:

It's this kind of result that will only serve to encourage LL's to risk NOT putting deposits into protection schemes!

pararct

Why have you not reported the theft of the dehumidifier? If it was a fixture and fitting and they have taken it is it theft plain and simple. On the basis the deposit has been returned to them I assume you have a forwarding address?

Looks the court based their reasons for leaving as health issues due to the damp which is fair enough but have not considered that the tenants lifestyle contributed to that damp. Didn't your BF put his points across in court?

Yorkie1

pararct wrote: »

Why have you not reported the theft of the dehumidifier? If it was a fixture and fitting and they have taken it is it theft plain and simple. On the basis the deposit has been returned to them I assume you have a forwarding address?

Looks the court based their reasons for leaving as health issues due to the damp which is fair enough but have not considered that the tenants lifestyle contributed to that damp. Didn't your BF put his points across in court?

It didn't go to court - the parties used the arbitration scheme. Perhaps a reason for declining to use arbitration next time, assuming that the papers submitted by OP's bf were as strongly put together as possible?