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Tenants want compensation

Started by Carmen, September 28, 2015, 09:12:16 PM

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Carmen

Hello all. I am a new landlord and I wanted some advice.  My tenants are moving out , breaking a years contact due to damp and condensation in the house.  Prior to them moving in I had a damp specialist company come and do a survey and then do the remedial work.  As it turns out the condensation has caused damage to a wardrobe and some clothing. I have been communicating with the tenants all along that condensation is something you cannot eliminate and its "life style" however she is still insisting i cover . I would like some advice from anyone out there who has been in similar situations.  Thanks. 

Riptide

They insist that, you insist they don't break a contract that they entered into and pay until the end of their tenancy.  You show them your yin, they flash their yang,  you both walk away without exchanging any monies.

propertyfag

Don't cover it!

If she wants to take matters further, let her. But it will be extremely difficult, that's for sure.

She'll need to cover legal bills, and she'll probably need to get a damp specialist in to generate a report which favours her argument e.g. proof that the problem wasn't "lifestyle" related (which alone is very difficult).

Did she report any problems during the tenancy or now that she's leaving? If the latter, I doubt she has a leg to stand on, because you weren't even given the opportunity to resolve the problem.

Generally, most condensation issues are caused by poor ventilation.

The fact you got a specialist company in before she moved in will be a good defence for you!

theangrylandlord

Carmen
This following isn't based on experience of this issue in particular but on general negotiation tactics.
If they left and there isn't a break clause per se then you should basically be hanging on to the deposit. So you tell them your re-rent [whatever you can justify] is coming out of their deposit...most likely that would be the full deposit.

What this does is (a) hack them off - which provides some level of insidious satisfaction in itself but also (b) changes the negotiation so that you now have a bargaining chip on the table.  It will change the game so you are now offensive rather than defensive.

You can then decide later what to do with that chip....hold it, give it up, exchange it for them dropping the bs on the closet.
I know what I would do but I am now a tired cynical landlord with no soul or human feeling whatsoever.....

Just a suggestion..

Best of luck


Hippogriff

Hmm, I read this as the property has a problem with damp and condensation and this might not be entirely down to Tenant lifestyle. If so, why would the Landlord have engaged a damp specialist company who came, did a survey and ended up doing some remedial work? I've never had the need for a company to visit a property and perform remedial work, because my properties are (thankfully) free of these issues. This property does not seem to be free of these issues.

In that case, the Tenant might have a point.

All that said, I have had complaints about condensation and mould before. That was definitely down to Tenant lifestyle. I had previously noticed, when visiting, that they kept the heating up very high and nothing was open - window trickle vents, windows or doors. I sent them a leaflet on condensation and mould kindly provided by my local Council which - also helpfully - concluded with the general comment that condensation and mould are usually a Tenant responsibility if the property is adequately insulated, heated and ventilated (or is capable of that). Lo and behold, within a few weeks of having the trickle vents open and them opening a window just a crack for some of the day, the issues disappeared.

Some of the biggest creators of condensation are Humans... this property I refer to used to my my private home where I lived alone for many years and never had any problem, which I relayed to them... but once 3 Tenants were in there, breathing out all the time, then it was a different ball-game. There is always a strong case for saying it's down to Tenant lifestyle.

Carmen

Thanks for all the feedback,   They are moving out soon.  All settled amicably.