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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10124
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi there Im landlord and have a tenant complaining about

Resolved Question:

Hi there

I'm landlord and have a tenant complaining about some mould, I intend to upgrade the bathroom fan which is operational and fine, but put in a more powerful one with a constant feed. We are in contact about this.

Previously there was mould and the place re-decorated, I'm keen this doesn't happen again. The tenant is now saying his partners skin condition is suffering because of it and he was mis-sold ( rented ) the property. The flat currently has s dehumidifier in use too.

We had a heating problem, now fixed,which could have caused a reoccurrence - not sure but have told tenant happy to improve ventilation, and pay to clean.

Can I get some advice?

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

how can I help with this please?
Customer: replied 2 years ago.

Hi there, thanks for response.


Tenant is indicating that mould is now causing health problems, there are two patches i believe behind wardrobe, and also some black marks coming on carpets at the walls.


He is indicating he felt he was mis-sold the place, as there was previously mould - now rectified and a dehumidifier in place.


I think he is positioning to remove himself from contract, that runs to April.


I just need to make sure and communicate in the right way etc..


I am changing the bathroom fan, and will also pay cleaner to remove mould - he is now indicating that an expert would be required - as there could be spores released.


I think this is excessive - as to be honest - if anyone has mould they treat with the normal solutions, and they are fine.


So can you help with some examples of how to deal with this? Condensation leading to mould - and 'mis-selling' what should I do?






Expert:  Jo C. replied 2 years ago.
I will pass this onto our property specialist for you then.

He will be along soon.
Customer: replied 2 years ago.

ok - do you know when they would respond?





Expert:  Aston Lawyer replied 2 years ago.


Hi there,


My colleague has asked me to assist you with your enquiry.


Firstly, you do really need to find the cause of the damp/mould.


Under Landlord and Tenant law, a Tenant is not entitled to terminate a Tenancy prematurely due to such issues, but there are other legal avenues open to them, IF the mould/damp is not being caused by their action or non action (eg by not opening windows/ leaving clothes on radiators to dry).

If the Tenant can show that damp/mould is not their fault, they may have the right to ask the Council Environmental Health Officer to inspect the property with a view to see if there is a "statutory nuisance" under the Environmental Protection Act 1990. If so, the Council could take action against you in the Magistrates Court, with a view to remedying the problem.


I would certainly hope that this would not happen, but you do need to ascertain the cause and deal with it appropriately, if indeed it hasn't been caused by your Tenant.


You may wish to appoint "a neutral" expert out to view the property so that they can give you the cause of the problem. This is probably your best bet as you don't wish the problem to keep re- occurring.


In the meantime, I confirm that he would not have a right to terminate his Tenancy.


This sets out the legal position and hope that I have assisted.


Kind Regards


Customer: replied 2 years ago.

Hi there, thanks.


The cause is condensation - the council inspectors have verified this already and there is no damp. Her opinion was the place was in good shape and condensation comes and goes, it just needs managed.


I have provided a de-humidifier from start, and stated it should be used, also invested previously in a good tumble dryer.


I believe they do dry washing in the property without that.


Having said this I am keen to make the condensation more manageable - and have instructed an electrician to upgrade the existing bathroom fan to one with more power and a humidistat / trickle flow so that moist air is continually removed.


So I feel I am addressing the current issue.


The tenant is indicating that he feels a previous problem was not resolved, mould and damp, so he was mis-sold the property ( rented) It was treated, redecorated with mould proof paint, and carpets shampooed, dehumidifier installed and tumble dryer.


I'm keen to make sure the tenant is keeping to his responsibilities of cleaning whilst recognising that yes, condensation can be difficult and am willing to invest to keep it to a minimum.


Tenant now says mould is causing eczema for his partner.


It was not the environmental health officer who visited but the regional maintenance surveyor - she indicated that yes condensation happens and it just needs cleaned with dettol.


I think I am doing all I can - am worried about this health issue.


Is there anything more you think I should do legally speaking?





Expert:  Aston Lawyer replied 2 years ago.

Hi again,

Thanks for your reply.

From a legal aspect, it appears that you are and have done more than what you are required to do as a Landlord.

Although the Tenant's health issue is a concern, if it is only condensation, then you are doing all you have to do as Landlord under your obligations to the Tenant.

There isn't any reason why you should agree to this, but if the Tenants are just wanting out of the property, you could possibly agree to let them leave early, ONCE you have found a replacement Tenant and that the current Tenants pay for any costs incurred by yo uin finding such a replacement.

I hope this assists.

Good Luck!

Kind Regards


Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10124
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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