How to protect myself against tenant suing for mould

twink1108

Hi, after a long winded purchase of a buy to let property, I have since discovered mould on the wall of one of the bedrooms. I've informed the management company and they have asked for a damp report.

I'm in a financial situation where I need to let the property ASAP but am worried that a tenant could sue for illness etc caused by mould. It's not tons (hence why it wasn't noticed until after purchase), but it's there, just small black dots in the corner.

I'm now thinking should I just sell to avoid any potential issues. Or is there something I can do, for example get the tenant to sign some sort of 'I agree to keep vents open as the property suffers from mould' to say that it was pointed out to them?

G_M

Cause of mould?

Is it an external wall? What's the other side? Is there pipework within or other side?

What floor is this? Ground? Is mold low down? Is there a drainpipe outside?

Top floor with mold high up? Gutters outside/above?

What's on floor above? Neighbour's shower?

How big is the flat and what is general ventilation like? Do kitchen/bathroom have decent ventilation? Extractors? Can you introduce a vent brick in the bedroom?

Once either you or the Man Co identify the cause, you can cure.

outofmoney

I'm not sure a tenant can sue because of mould. If you can I should have done it a few times!

But you will have to get it sorted before you let or at least make the tenant aware that it will be dealt with ASAP.

Finding the cause as G_M says is most important.

McBozo

you need to fix it.

ariba10

Probably poor ventilation causing condensation.

TBagpuss

Was the property empty before you bought? Is it empty now? lack of ventilation / heating may be the immediate cause if the property has been standing empty and unheated.

Obviously you still need to get rid of it and try to identify the underlying cause but it may be that with normal use the warmth and ventilation will prevent any return.

ognum

twink1108 wrote: »

Hi, after a long winded purchase of a buy to let property, I have since discovered mould on the wall of one of the bedrooms. I've informed the management company and they have asked for a damp report.

I'm in a financial situation where I need to let the property ASAP but am worried that a tenant could sue for illness etc caused by mould. It's not tons (hence why it wasn't noticed until after purchase), but it's there, just small black dots in the corner.

I'm now thinking should I just sell to avoid any potential issues. Or is there something I can do, for example get the tenant to sign some sort of 'I agree to keep vents open as the property suffers from mould' to say that it was pointed out to them?

I find this quite disturbing, as a LL you should let you property to a habitable standard.

It is not about getting a tenant to sign a disclaimer, it is your duty to sort out the mould problem before you let.

Please, please get in sorted before a tenant moves in.

princeofpounds

most landlords would hide it, get someone in, then blame it on 'lifestyle' when it re-appears and charge the tenant's deposit to fix it.

just joking. a little.

twink1108

Can I just clarify that I am not an irresponsible landlord hoping to blame someone else or leave it for that matter - if I find out that it is fixable fairly easily, then I will be resolving the problem as soon as I can. As previously mentioned though, I am in a situation where I need to get a tenant in ASAP, and this may mean having someone move in before it has been fixed.

The property was lived in until about 6 weeks ago, but there was a desk in front of the patch of wall. My surveyor did not notice it. There are bushes on the outside of the wall, so I am wondering whether it could be that they are holding moisture to the wall.

The mould is low down on the wall, and it is a ground floor flat.

thequant

twink1108 wrote: »

I'm now thinking should I just sell to avoid any potential issues. Or is there something I can do, for example get the tenant to sign some sort of 'I agree to keep vents open as the property suffers from mould' to say that it was pointed out to them?

Disgraceful, fortunately the laws are such that if you did try and get a tenant to sign away their statutory rights,the law will still protect them from such rackmanian tactics.

GwylimT

If you haven't done so already, clean the wall, make sure nothing is pressed against it, turn the heating on and ensure the property is well ventilated. If the mould continues to grow then it is likely a damp problem rather than a condensation problem.

Have a look outside, does the wall appear to be damp, comparing the mortar to other areas can sometimes highlight this. Is there any soil above the damp course?