Damp/Mold and Deposit Deductions

Bobbster03

Hi, I've just moved out of a small 2 bedroom house which I've been in for 4 years, and the letting agents are attempting to make deposit deductions for damp staining below the two windows on front walls.

The property is over 200 years old, with single glazed wooden windows, with old loosely fitting frames. The walls are also traditional stone walls with no insulation, damp proofing or damp course. The property had been partially touched up prior to moving in, and hasn't had any decorating since. Also the letting agents hadn't raised it as an issue which needed rectifying at previous inspections.

We have had the house professionally cleaned by ourselves, and the cleaner advised that it has been cleaned the best they can, and the staining isn't something which they can get removed. (the pictures are pre cleaning so stains are fainter than can be seen).

So what do people think, contest the deductions or are they fair game?

Thanks for everyones help.

princeofpounds

This is going to open a can of worms

There are widely varying views on condensation damp. Some people see it purely as a lifestyle issue (as if breathing is a 'lifestyle'...), some people recognise that a lot of British houses are designed exceptionally poorly and many will still suffer even if you live like a monk when it comes to water management. For me, single-glazed, loose-framed windows and single skin walls are a perfect recipe for this kind of thing. I lived in a place that had one wall like this, and no matter how much you heated and ventilated the room, it would be running with water every morning in the winter just from breathing. Even with a dehumidifier running all day in the room (too noisy to run at night).

It's almost certainly worth contesting, but what the result will be is hard to say. You might want to look at the deposit arbitration case studies that they all post online to get a sense of what may sway arguments in this area.

Anyway, let's see what other opinions you get.

Slithery

Did you report the damp to the LL/agent when you first noticed it?

Comms69

What was it like when you moved in? That's going to be critical to this

greatcrested

In my opinion almost certainly not  tenant damage, but related to the property structure. But as princeofpounds says, there's no definitive answer so dependant n the arbitrator or court's view.

The tenantsvoice (damp advice)

My Deposits - Understanding Damp and Mould

Bobbster03

Slithery said:

Did you report the damp to the LL/agent when you first noticed it?

Comms69 said:

What was it like when you moved in? That's going to be critical to this

Those area's hadn't been reported specifically - area of damp from a plumbing leak was - this was never repainted but the leak fixed.

On moving in the walls had been freshly painted - however on pictures taken faint areas of discolouration can be seen under the paint.

We'd always been under the impression that damp in those area's was inevitable in that type of house, and ultimately windows/walls couldn't be changed as it was a listed property, and it would be an issue which would need periodic treating and repainting as a general maintenance issue. Definitely our fault for not specifically reporting it, although that house had lots of 'quirks' that you'd expect with a period property.

Bobbster03

greatcrested said:

In my opinion almost certainly not  tenant damage, but related to the property structure. But as princeofpounds says, there's no definitive answer so dependant n the arbitrator or court's view.

princeofpounds said:

This is going to open a can of worms
-----
Anyway, let's see what other opinions you get.

Thanks for your views, I agree it's not definitive either way, but I found it hard to find any sources for this style of issue, most damp/mould discussions I've found online relate to 'modern' houses not being heated or washing being hung up inside. Interestingly no mould was found in the bathroom/spare bedroom which had double glazing (rear facing - so not on the listed section).

[Deleted User]

In your position I might argue that the landlord was aware of damp pre-tenancy but painted over the wall to obscure it (the photos you mention suggest this).

jonnygee2

I'd dispute the deductions personally. Very few downsides to doing so.

steampowered

What was the house like when you moved in. And does the agent have pictures of the window area from the check-in?

Surely with a 200 year property the damp would have been developing for a long period of time. Unless you've done something wrong surely the damp was already there, and any further damp would just be reasonable wear and tear.

Personally I'd just go ahead and lodge a deposit dispute with the tenancy scheme straight away - might as well get the ball rolling.

dimbo61

Did you get a copy of the EPC ?
Claim your whole deposit back and let them prove you have caused the damp stains.
They will need very good photographic or video proof of the property before you moved in and after they moved out.
Check the address on the EPC website yto check if the EPC is less than 10 years old.
All F and G rated rental properties are now going to need energy efficiency improvements.