condensation due to drying washing in bedrooms

[puny]

Hi

I am new to this site, can anybody help me. I own a two bedroom flat, one where you walk in the front door and then up the stairs to the flat. I have rented this property out for five years with no problem until my last tenant.She said there was black coming on the wall above the lounge window and on the walls in the bedroom by the windows. I sent people to check roof and guttering, everything was fine. I sent people to look at outside walls as she thought it was rising damp. The company said it was condensation, and because the flat had no air bricks it could not escape. When I went to the flat she had washing hanging to dry on the curtain rail in the lounge and in the bedrooms she had washing on clothes horses around the heaters by the windows.The windows were soaking wet and the condensation was dripping off the window ledges and the walls were black. we are now in dispute as I have had to have vents put in the rooms and the walls washed down and painted with anti-fungal solution and redecorated. She says its because the flat has no air bricks. I am saying its because of the washing and condensation was so bad that it needed vents to dry out the flat. The flat is 30 yrs old and the other flats in the block have no problems and no air vents. When did builders start using airbricks?

 

[breezer]

no idea exactly when but if you clicky this air brick was made in 1907

 

[JohnD]

Hanging washing indoors is a great source of condensation. She is probably adding a bucketful of water to the air by doing it.

Your vents will help, until she blocks them up to prevent draughts. Unless it has very draughty old windows it needs vents anyway.

But if she is determined to hang wet washing about the flat with the windows closed it will always be damp. If she is determined to do it you might be happier with another tenant.

//wiki.diynot.com/building:condensation_in_houses

 

[^woody^]

When a property is rented, it is rented 'as is' and as long as it is not in disrepair, then you are not obligated to upgrade the property by installing airbricks.

Under Landlord & Tenant law, as long as there are windows which can be opened for ventilation, then the property is considered acceptable in terms of ventilation.

The fitting of airbricks is an improvement.

Except for a small number of cases, condensation is a 'lifestyle' issue. The fact that a previous tenant had no problems would support this.

Your tenant is causing the problem, and you are within your rights to reclaim the cost of rectifying the damage from mould from your tenant. You can't reclaim the cost of airbrick installation though, as you have agreed to do this.

If the tenant is drying so much washing, then I would be suprised if airbricks alone prevent any reoccurance of the condensation and mould.

You should send the the tenant a formal letter stating that the drying of clothes inside the property is not acceptable and is likely to lead to condenstion and further mould and damage. If there is no facility to dry clothes outside, then the bathroom should be used but with the door constantly closed and a window open.

Airbricks were used in properties from the late 19th century, but the properties were generally more draughty anyway, so mould was rare

 

[puny]

Hello Woody, Thanks for your reply, it was just what I wanted to hear. I didn't give her the deposit back of £475 because of damage caused by the condensation so she is now suing me in the county court.My husband seems to think by putting in the ventilation I may be admitting that its my fault, but i think as you do so your answer has made me feel by countersuing I am doing the right thing.I only hope the court does too.
Thanks again

 

[^woody^]

You should word your statement to the court carefully and use the would 'improvement' for the fitting of the airbricks, and you did it "... as a caring landlord, to assist the tenant with the excess condensation she was producing". Mention that the windows opened for normal ventialtion
The fitting of additional ventilation via airbricks, is not considerd an admission of fault, but an acknowledgement that there was a problem - for which the tenant was responsible

You should have kept the receipts for the redecoration and mould treatment. You may only be allowed to claim for your actual losses, unless your agreement states otherwise. Also include for loss of rent if applicable

You will also have to rely on your tenancy agreement, so I hope this was properly worded. But generally, you can rely on contract law and landlord and tenant law - in particular section 11 of the L&T Act 1985 - if you want to google

If you need some precedent cases to quote, then let me know.

You will never lose a case on condenstion or mould, for which the tenant's lifestyle was the contributing factor. But it depends on how you acted, and how you prepare the defence/counter claim

 

[puny]

Hello again Woody,

hanks for your reply it was very helpful. Yes I would like some cases to quote. Today is my day off so I am spending the day preparing my defence. I wondered if I emailed it to you you could have a look and see what you think. I could also give you the story from beginning to end, it has been very stressful time for me and I just want to prepare my defence go to court and get it over with.Can we sent private messages to each other on this site?You appear to be very knowledgeable I was lucky to get you replying to my plight

Thanks again

 

[^woody^]

I have activated my email in my profile if you want to send some details.

But please remove names and addresses, and just mention the details. Your opponents statement of claim may be most useful

Also, for legal/insurance purposes, you can not take this a professional advice in this context, and would use it at you own risk and without liability. And I will only be able to offer comment and opinion, and not specific advice.

Remember that the small claims court is very informal and both sides of the case will be listened and a decision made based on the facts.

The claim will be based on the statement of claim within the original documents sent to you, and also any further disclosed documents sent to/by you before the due date. You can not normally bring anything into the claim/defence once disclosure has taken place.
The judge will read the claim and defence, ask questions and then decide based on the specifics and any answers. He may not be versed in particular areas of law, so you should try and make your claim/defence sound more convincing than the other sides' claims.

One thing about civil cases, is that it is what sounds more likely, rather than what actually happened, which can sway the judge

Therefore concentrate on what the claimant is alleging, and counter their points raised.

Also have a look at any other forums to get other opinion, in particular look at the forum at www.justclaim.co.uk

 

[big-all]

just a though

a letter from the previous tennents stating if she had any "damp" problems would be handy

also her opinion on you as a landlord assuming it was reasonable

as for fitting the vents

you are shure the washing is responcible for the problem[which i fully agree ]so rather than rely on a tennant to air the room properly you resorted to perminent ventilation as you feared the tennent would neither stop the drying of the washing nor open windows for correct ventilation

so you resorted to perminant ventilation as you feared much greater dammage to the property without it

 

[puny]

Hello Woody

I have sent you a couple of emails