Is it tenants responsibility to deal with mold?

Jmoo

Just something I've been trying to understand at the moment as I'm having £50 withheld from my deposit because the landlord is arguing their is mold/damp in the flat due to "poor ventilation" which they put down to "not adequately opening windows and heating flat" and they say is weirdly just to paint over (rather than doing anything to fix it?!)

It is a tiny corner of the lounge which mostly comes from the ceiling where there is a damp patch.

Now I strongly dispute this is my fault - I've always used the heaters provided and even invested in a new portable heater. I got the extractor fans fixed when I first moved in. I opened my windows daily (because I want fresh air funnily enough!)

The trouble is I suspect this damp mark has been there since I first moved in but I didn't put it in the inventory. I was naive to think I'd be seen as a bad tenant if I pointed out every flaw. However I did point out huge damp patches in the bathroom - something they had no interest in fixing when I moved in.

I've had four flat inspections over the 12 months where I was told they had no feedback, and that I was to assume this means there were no issues.

If I fight this with the deposit company is it going to be worth my energy? Or is damp patches such a grey area that it falls down to me?

The

stator

If you were drying washing indoors then it probably is your fault.
If you were having showers without opening the window then probably you're fault too.
If not then I would say it's no-bodies fault

Separate questions, please answer:
Was the mold there when you moved out?
When did your tenancy end?
When did the landlord take posession?
When was the check out report done?

Jmoo

It's a studio flat so there aren't windows in the bathroom, there's an extractor fan for that.

Was the mold there when you moved out? Yes, and probably when I moved in.
When did your tenancy end? 12th of this month
When did the landlord take posession? 12th of this month (I'm sure someone else is in there now)
When was the check out report done? 12th of this month

G_M

As above- responsibility depends on the cause.

If the cause is structural, connected to the fabric or maintenance of the building, then the landlord is responsible.

If the cause is the result of the tenant's actions, or lifestyle, then the tenant is responsible.

Cooking with no lids on pans, showering, drying washing on radiators etc etc all create dampness in the air and that water has to go somewhere. Ideally out the window or extractor fan! If not, then it will condense on the colder surfaces (window, external wall) and create damp walls etc on which mould will grow.

It is a tiny corner of the lounge which mostly comes from the ceiling where there is a damp patch.

What is above that ceiling? Is this the top floor? What condition is the roof? The gutters/drainpipes outside? It may be that water is getting in that way, which is down to the landlord.

If there's another flat above, is the bathroom above that corner? May be a leak in the bathroom above?

See also
https://www.citizensadvice.org.uk/housing/repairs-in-rented-housing/disrepair-common-problems/disrepair-dampness/

Jmoo

Well I think it's partly a roof, partly a room which is like a mezzanine bedroom for another flat. I'm not sure what is directly above me as half is part of the other flat half is where the rain falls down. I'm just worried how I'm going to prove this all to the deposit people other than photographs. I can't really prove the external factors! All I know is I've done all of the above you suggest through my 12 months.

Chapuys

I would formally request the portion of the deposit back then take it to adjudication. Shelter have a good guide (I can't make links in posts yet). If it gets to a tenancy deposit adjudication, the landlord will have to prove you caused the damp by providing evidence (again taken from The Landlord Law Blog regarding your very situation). Your landlord will have the hard job here and you should collect evidence such as photographs, even of the heater and receipts for the heater/extractor fan etc. You could lawfully get witnesses to state how you used the house during the year and possibly that the damp was there previously (however it would have been your duty as a tenant to report it to your landlord). Landlords have to prove it was you so causing doubt may win it in your favour. He may settle over £50 rather than going through everything.

FBaby

What is the £50 for? Repainting? Treatment? Or just a random figure?

Jmoo

Repainting no mention of fixing the issues.

Pixie5740

It doesn't matter what the landlord may or may not do regarding the mould. She doesn't have to do anything at all in order to deduct money from your deposit. All she has to do is prove that you caused damage over and above fair wear & tear to make a claim.

If you dispute her claim then use the deposit scheme's arbitration service, it's what it's for!

See Deposits for further information.

FBaby

No but the amount has to be reasonable for the damage, so it helps to associate it with the cost of remedial action, whether taken or not.

If the mould was indeed caused by poor ventilation, there is no fixing to be done and repainting would be appropriate.

MichaelWard

G_M wrote: »

As above- responsibility depends on the cause.

If the cause is structural, connected to the fabric or maintenance of the building, then the landlord is responsible.

If the cause is the result of the tenant's actions, or lifestyle, then the tenant is responsible.

I totally agree with this reply. It all depends on the person who caused it.