Disagreements between tenants and landlords are unfortunately not uncommon. When it’s time for tenants to vacate the property, there are often situations that arise concerning the previous and current condition, which can lead to deposit disputes. In the case of damp or mould, compensation claims can also be directed to the landlord. For instance, if the heating was insufficient – leading to clothing, bedding or curtains being spoilt (damages pursuable by the tenant). In more severe cases, claims for the detriment to health can also be sought.
Mould and damp is a common problem in British households. In rented accommodation this can become complicated, as tenants and landlords/agents (property manager hereafter) seek to establish the cause. There are three main causes of damp and mould in property:
1. Penetration Damp.
2. Rising Damp.
3. Condensation Related Mould.
As soon as the tenant spots an issue that may relate to mould or damp it would be in their best interests to report the problem to their landlord. It is of course, the property managers responsibility to make sure that the property they let, conforms to the Housing Health and Safety Rating system. However, it is the responsibility of the tenant to maintain the properties condition whilst they’re living in it. If a tenant fails to raise an issue, and the landlord fails to carry out an interim visit report on the property, damage caused by damp and mould can deteriorate very quickly.
Aside from the above, in general terms, property managers want to re-let their property in a short space of time and tenants want to receive their deposit back upon departure promptly. It is therefore in the best interests of all parties involved to carry out an inventory upon check-in, followed by periodic interim visits and a check-out upon departure.
In this article we explore:
1. The causes of damp and who maybe at fault.
2. How it can be reduced/prevented.
3. How an inventory creates clear supporting evidence.
The Causes of damp and who maybe at fault
In order to distinguish what might be causing the damp or mould in a property an expert should be drafted in to provide an educated report containing details of the offending issue. Once the cause has been highlighted it will be easier to work out where the responsibility lies. This process can sometimes become complicated, which is why your initial inventory, along with any relevant interim visit reports are so important.
A report from an expert will outline where the damp is coming from and hopefully what is the likely cause. Proving how long the issue has been present is more difficult to determine, hence the importance of a detailed property inventory report.
Condensation Related Damp causes:
⦁ Lack of or non-functioning: Ventilation/air bricks; Window vents; Kitchen/bathroom extractor fans.
⦁ Windows that don’t open and close (no ventilation).
⦁ Inadequate heating and/or heating regime.
⦁ Drying clothing indoors with insufficient ventilation.
⦁ Steam from cooking.
⦁ Lack of working heat sources in every room.
Condensation is the most common form of dampness in buildings. To get technical – condensation occurs when relative humidity reaches 100% and the air is no longer capable of holding the moisture it was able to at a higher temperature.
Therefore, if the heating system isn’t up to scratch or used frequently enough, then water vapours will settle upon cool walls condensing and thus providing ideal conditions for mould/damp to occur.
Condensation related mould or damp will first become apparent on the coldest walls, typically external walls this might not be the kitchen and bathroom although these are the main moisture producing rooms.
A person’s lifestyle can greatly increase the chances of condensation related mould and damp. For example, if your clothing is dried inside the house, rather than out, any moisture would rise into the air searching for somewhere to escape.
Condensation related mould can also grow on furnishings, so it is very important that it is stopped and that the situation is rectified before it escalates.
Damp and mould caused by condensation can be heavily disputed. The blame could lie with either the property manager or the tenant. The property manager must ensure that all fans/vents work, they must also ensure that all windows can be opened and that the heating is in full working order when the tenant moves in. Including these points in an inventory could be beneficial for the landlord.
Causes of Penetrating Damp:
⦁ Damaged windows or frames
⦁ A leaking roof
⦁ Leaking pipes
⦁ Poor pointing
⦁ Cracked Render
⦁ Poorly maintained rainwater goods i.e. guttering, down pipes etc
⦁ Spalled masonry
Penetrating damp will come about when water is able to get into a property from outside. If water is coming from outside it is likely that there is some form of structural issue. If damp occurs as a result of penetrating damp, the property manager could be held responsible.
Any problems that come from damaged windows, walls or plaster work will have to be dealt with by the property manager. Equally if there is structural damage at the property then the property manager must take responsibility.
Should the properties rainwater goods be poorly maintained then the tenant could be liable.
Causes and contributing factors of Rising Damp:
⦁ Poor damp coursing or lack of.
⦁ Underlying foundation issues.
⦁ Insufficient drainage.
⦁ Moisture bypassing damp proof course.
Rising Damp will become a problem when water from the ground is able to penetrate a building from underneath, by capillary action (drawing up water). This is quite often an issue in properties of a certain type. The most common way to control rising damp, and to prevent its return, is to install or replace absent or damaged damp proof coursing.
This form of damp is often misdiagnosed. If rising damp is suspected, it is very important that a suitably qualified professional, such as PCA CSRT or similar is drafted in to correctly diagnose the problem.
All areas of the building will have to be assessed for damage by a professional. This is because the extent of any damage isn’t always easy to spot.
Any effected areas will need to be replaced. This can include skirting boards, plaster, floor boards and décor. Water that penetrates a building from the ground is often contaminated with salts. When plaster is damaged by contaminated water it has to be removed and replaced with salt resistant materials.
If rising damp is an issue then the property manager is responsible. It is down to the property manager to make sure that the building is in good repair. The property manager has to replace any effected areas, such as plaster, skirting boards and flooring damaged by rising damp.
It’s important to note that whilst property managers are responsible here, tenants are also obliged to report any concerns regards rising damp without delay.
How can damp be reduced/prevented?
Tips for avoiding household condensation are as follows:
⦁ When cooking, reduce the amount of moisture by covering pans.
⦁ Avoid paraffin or flue less bottled gas heaters. They can produce a substantial amount of water.
⦁ Avoid drying clothes indoors wherever possible. If unavoidable, ensure windows are opened.
⦁ Never dry clothes on radiators.
⦁ When filling a bath, run the cold water first. It will reduce steam.
⦁ Ventilate rooms. Keep a window slightly ajar or ensure trickle ventilation are open.
⦁ Ensure tumble dryers are vented when in use.
⦁ Service boilers regularly and bleed radiators (where applicable).
⦁ Ensure rainwater goods are well maintained to avoid blockages and disrepair.
How an inventory creates clear supporting evidence
Inventories are particularly useful when properties fall into disrepair as a result of damp. If the property manager can prove that the mould, or even the suggested cause of the mould was never there at the start of a tenancy then the fault of the issue is more likely to fall with the tenant. Equally when carrying out interim reports property managers may be able to spot that there is a problem before it escalates.
Five Golden Rules
Therefore, it is important property managers follow five rules to avoid damp and mould:
1. Always carry out a clear property inventory report.
2. Carry out regular interim visits.
3. Never ignore an issue that has been raised by a tenant.
4. Educate tenants where required to produce less moisture (prevention is better than cure).
5. Carry out regular property maintenance tasks.