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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3756
Experience:  Solicitors 2 years plus PQE
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My tenant is asking me about claiming compensation from me

Customer Question

My tenant is asking me about claiming compensation from me because of ill health from condensation causing damp in the propert. What can I do as a landlord? They are claiming I'll health and damage to a laptop. Note: tenants are currently on a rolling month to month tenancy i.e. I have not renewed their 6 month tenancy agreement. Additional note: I have reason to believe they rarely used the central heating or ventilated property.
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Have they asked you for a figure amount?
When they complained about the damp, did you take action straight away?
Have they proved damage to the laptop was caused by damp?
Is it a flat or a house?
Kind regards
AJ
Customer: replied 2 years ago.
Hi AJ,
In response to your questions:-
They have not asked for a figure amount.
I did not take action straight away, however I did provide an electrical portable dehumidifier and explained how and when to use it. I also explained to open windows to air the property.
No proof has been provided to confirm laptop damage was caused by damp.
It is a flat.
Kind Regards,
Mike
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
The statutory obligation to provide a habitable property free of mold and damp only applies to a house. Your obligation as a the owner of a flat is to only provide a property that does not have anything effecting reasonable enjoyment.
Flats get damp, it is a fact, and the other fact is you responded to the tenants complaint fairly quickly and took action. For the tenant to suddenly complain that they are sick and have a damaged laptop, when they have been told to ventilate the property seems convenient.
If they wanted to sue you, they would need to show:
1. Evidence that the damp has effected their health;
2. Evidence that the damp damaged their laptop;
3. That the damp effected their reasonable enjoyment of the property.
If they cannot prove this, then the claim is going no where. If you wanted to try and close this down quickly then may be give then a weeks rent free as a gesture of good will (only if you feel it is a appropriate), but I certainly would not agree to pay them any substantive compensation when there is so little evidence.
I look forward to hearing from you.
Kind regards
AJ