Dampness - tenant out for 75 days

honest_man123 · 2 November 2020 at 2:34PM

My tenant had been away from the property for 75 days without letting my property agents know. He has come back to the property and the bathroom is showing alot of Blackness due to mould/dampness. I think it is due to lack of heating/windows being opened. I am being asked to fix it. The property has been perfect with other tenants over a 3 year period but i did have issues with this tenant from day one since he took the property in June.

Am I liable to get this fixed? I am sure he was in breach of tenancy agreement for leaving the property unoccupied for more than 14 days without informing the agent or ensuring adequate measures are in place.

Grateful if anyone has had experience in what I should do next?

thanks

Comms69 · 2 November 2020 at 2:37PM

Long story short, if the council visit, they'll make you do it. May as well get it done now. It doesnt need treatment, just a clean.

AdrianC · 2 November 2020 at 3:00PM

honest_man123 said:

Am I liable to get this fixed?

Unless the property is uninhabitable as a result of it, then you do not need to.

If the tenancy ends with the mould damage in place, the cost of dealing with it could be taken from the deposit, if you can demonstrate it's down to use not to an inherent issue with the property.

I am sure he was in breach of tenancy agreement for leaving the property unoccupied for more than 14 days without informing the agent or ensuring adequate measures are in place.

That would merely enable section 8 ground 12 notice to be given. Even without it being a breach of the tenancy, you could give section 8 ground 13 notice, plus - of course - s21.

greatcrested · 2 November 2020 at 3:09PM

You say you are 'sure' he was in breach, yet you somehow sound as if you are assuming. Can you quote the clause in the TA?

If he is in breach, and if the damp/mould is the result of that breach, the tenant is liable. Yes, it's your property so you should definately fix it, and yes, if for example EH inspected they would force you to fix it, but also, yes, you could pass the cost to the tenant either by sending an invoice and demanding payment, or by using the deposit when the tenancy ends.

As Adrian says, S8 G12 could be used, though I doubt a judge would grant possession when the case eventually came to court. Similarly a S21 could be used but again.... the timescale!

From what you say, you are less concerned about eviction (or am I wrong?) and more concerned with whether to do the work and who should pay?