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Hypothetical about deposit deduction for bathroom ventilation

AlexC39
AlexC39 Posts: 1 Newbie
edited 27 September 2019 at 6:40PM in House buying, renting & selling
Hi all,
We've just handed in our notice on our rental property and we're a little concerned about the state of the walls in our bathroom.
Aside from some mould, there are a few areas in which the paint is quite badly cracked/peeled due to the lack of ventilation.
It's a very small bathroom, with no extractor fan. The only means of ventilation has been to open the window, which hasn't been feasible for us during the winter months (which is when the damage has mainly occurred).
The windows are single glazed throughout the property, so mould has occurred around many of the windows upstairs too, again, mostly during the winter months.
The only other thing to note is that there is a small radiator in the bathroom and the airing cupboard containing the water tank is also in the bathroom.
Would it be right for the landlord to deduct from our deposit because of this, or do we have a leg to stand on?
Might also be worth mentioning that the walls haven't have a fresh lick of paint in over 5/6 years. The general insulation of the property isn't great either - it's murder during the summer months trying to keep cool upstairs!
Your advice would be much appreciated!
Thanks very much :)

Comments

  • Lokolo
    Lokolo Posts: 20,861 Forumite
    Part of the Furniture 10,000 Posts
    If I were you landlord I'd deduct. I have a small bathroom, no vents and no radiator, but a window. And I don't get any issue with mould, because I open the window to stop condensation building up. You don't need to leave the window open for long! Just whilst having a shower and 5 minutes after. However, any issues with mould, which I had in a previous property, could be slowed down by using anti mould spray. It's like a bleach. Have you been doing this?

    The other thing is - have you mentioned it to the landlord?

    My tenants have done nothing about their issue. There is no window in the bathroom of the property I let. And until a month ago I was not aware of any issue. They have let it get bad that the ceiling paint is falling off and there are mould spots all over the ceiling. The vent has stopped working. But they said nothing. I am now getting it replaced, but if you haven't told your landlord about the issues, how is he meant to do anything about it?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    AlexC39 wrote: »
    ...... The only means of ventilation has been to open the window, which hasn't been feasible for us during the winter months (which is when the damage has mainly occurred).
    Why on earth not?
    I have no extractor in my own (owner-occupied) home, and always crack open the window while showering and then leave it wider open with the door shut when I finish to remove the damp air.


    Failure to ventilate is a failure to act "in a tenant-like manner" which is an implied contractual term in any tenancy.
  • kinger101
    kinger101 Posts: 6,559 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Wait and see what the landlord says.

    If he attempts to deduct deposit, dispute it with the scheme with which your deposit is held.

    On one hand, your excuse about not opening windows is pretty weak IMO. As is your seeming inability to clean around the windows. But if the paintwork hasn't been done in six years, then that works in your favour if the deduction is excessive.

    Ultimately, the deposit protection scheme will decide. It would probably
    be sensible if you at least attempted to clean away the mould.
    "Real knowledge is to know the extent of one's ignorance" - Confucius
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Lokolo wrote: »

    My tenants have done nothing about their issue. There is no window in the bathroom of the property I let. And until a month ago I was not aware of any issue. They have let it get bad that the ceiling paint is falling off and there are mould spots all over the ceiling. The vent has stopped working. But they said nothing. I am now getting it replaced, but if you haven't told your landlord about the issues, how is he meant to do anything about it?
    Ineeed - as with the OP's problem (my post above), failure to report a faulty extractor, or indeed any other fault or breakdown, is a failure to act "in a tenant-like manner" which renders the tenant liable for any consequential damage.


    As you say, LLs cannot fix things they are not informed about.
  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What is the EPC rating for the property ?
    With single glazing and no extractor fan in the bathroom that comes on when the light is turned on I get the feeling that the property is basic ?
    After 5/6 years the landlord should be expecting to the property to need repainting and upgrading
  • Get some HG mould spray - just spray it on and the mould disappears
    . It will come back but keep the property ventilated until you move out and it will make things look better (even if the paint is still flaking etc)
  • I'm afraid I agree about the window opening. You don't even need to leave it open while showering - just make sure its open for long enough to stop the windows being damp/misted up after. Or has been suggested, you can dry the windows with a towel.

    But also agree that the LL might have problems arguing about a deposit deduction if he paint is peeling.

    However, as most bathrooms aren't too large, it might be worth saving yourself some hassle by quickly sanding the walls down and applying a couple of coats of paint. Not what you have to do, but could save a lot of hassle. There is an argument that by not opening the windows you have had some input to the damage - besides not reporting the non working ventilator (or did you)?
  • Marvel1
    Marvel1 Posts: 7,408 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I have no window or vent, i just have my dehumidifier on outside the bathroom.

    I fail to see a reason why no window open when you have one.
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