UK Landlord Forum / Life

My new tenants are telling me they want to give early notice after 3 months of a 12 month tenancy agreement. They are stating 'damp' as the issue, when the flat is newly renovated (previously it was my home so I have 5 years experience living there too). I am 99.9% sure it is condensation as a result of non-compliance with recommendations about use of fans, ventilation etc. It's a 1900 building so typically gets cooler walls in the winter months. It's ground floor and I have implemented damp proof courses, air bricks, new drainage, checked gulleys and many other things. I have also sent over a builder to look at it, and bought a dehumidifier for them.

While I don't want unhappy tenants living in the flat, and don't in principle have an issue with them leaving early, it causes complications of leaving dates falling around Christmas (therefore moving in dates for new tenants then too), and costs and effort to find new tenants (via a manager, as I am living abroad).

Can anyone provide advice on what my legal stand-point is if I refuse? What is my position if I want them to cover all costs? And generally any advice to cool the situation as they are increasingly getting demanding (expecting an instant answer and writing increasingly impatient and unreasonable messages).  I feel that while I would like to release them from the contract, I am the one who will be out of pocket, and required to put the effort/time I wouldn't have to do if they held up their end of the deal.

Thanks in advance.

You don't have to release them from their agreement when you have made all reasonable efforts to resolve the damp.People will insist that they are opening windows,not drying wet laundry indoors etc.but they are usually lying.You mention a builder-did he give you a report? If he agrees that this is a lifestyle problem did you pass on his findings to the tenant? Are they bothering to use the dehumidifier?
The usual procedure if a tenant wants to move out too early is that they have to continue paying the rent until a new tenant moves in,and also pay all or part for the agents fees to remarket.I am surprised that the agent has not informed you and them of the way this is usually handled.I would tell them you are prepared to remarket when the timing is right,say Feb'March.

There was an article in a local paper last winter.A couple with one child and another on the way were demanding that the council rehouse them because their flat had bad damp problems.They said there was mould everywhere,and that their child had a bad cough.The council environmental dept.and an outside consultant said this was down to failure to heat and ventilate.They said it is not their policy to rehouse tenants complaining of damp,when investigation rarely finds the property is faulty.

Thank you Heavykarma for your reply.  I have had some advice (not yet legal advice) but as I've been stung before hearing a POV from another party is super helpful. I haven't got the report from the builder but I'll try to get it written down. Re the dehumidifier - they are stating it's noisy and a fire risk! You make some valid points around timings (end of tenancy around Christmas day). I think this, and being out of pocket of course, is my biggest concerns.

Most Councils, for example, would say that if a property has adequate heating, is adequately ventilated and has appropriate insulation then the issues with damp, condensation and mould are down to the Tenants. Sheffield Council publishes a little downloadable PDF booklet stating exactly this. I have provided this to Tenants who complained of condensation in a property I let (one I used to live in for over a decade and never had issues with) and it helped to educate them.

A big factor is how many people are living in the property vs. its size. In a small apartment (just as an example) where no issues arose for many years with a single person there, a problem could arise if a family of 4 moved in - one of the biggest sources of moisture is people - not only from what we exhale, but the extra from the extra showers etc.. If your Tenants are numerous, keep the heating high and don't ventilate (even trickle vents will help) then they're prime candidates for problems. That said - you probably just want them gone - I would - because the last thing you want is someone in your property who doesn't want to be there.

The Tenancy ending at Christmas time would seem, to me, to be more of a problem for them than you. Being out of pocket should not be your biggest concern. Having someone in your property who feels trapped there should be your biggest concern - these people aren't going to take care of it.