01/03/2012 11:44 am
A tenant can claim for compensation for damage to items of clothing, bedding. carpets, curtains and furniture that have been damaged by mould if they have given the landlord reasonable notice to rectify the problem, they would have to take pictures of the items, but wherever possible should keep these for inspection. The tenant must ensure that they are not responsible or helping to make the damp/condensation situation worse by not heating or ventilating the property correctly, they must also ensure that there is an adequate air flow around furniture i.e. wardrobes against a wall may result in mould growing on the back of the wardrobe.
The tenant should have contents insurance to claim for any damages this can then be claimed back from the landlord if it is proven that they are at fault.
A claim by a tenant to a landlord as a result of an attack of black mould in a property would normally be rejected if it was found that the damage was as a result of condensation. this would normally mean that the damage was not directly as result through any disrepair i.e. leak, etc.
A tenant is also able to submit a claim under section 79 of the 1990 Environmental Protection Act, as part of this act the issue into whether or not compensation would be granted depends upon the landlord proving that the tenants lifestyle has caused or contributed to the condensation/mould growth this includes (lack of natural ventilation i.e. opening windows, drying clothes on radiators, cooking and showering with doors open allowing moisture to travel to other rooms, using calor gas heaters, using tumble dryers which are not vented externally, overcrowding of the property) other factors to consider are lack of ventilation behind items such as wardrobes, chest of drawers etc.). This option however can be costly for the tenant to serve on the landlord.
The ability to make a claim also depends what is in the specific lease, if the lease is less than seven year's or a set period under the Landlord and Tenant Act 1985 the landlord will normally be responsible: for specific repairs such as keeping the structure & exterior of the property in good repair. To keep internal fitments and supplies in good working order i.e.( Gas, Electricity baths, basins, sinks , and sanitary fitments) & to ensure that space heating and any provision for heating water are repaired and working correctly.
Best practice that a landlord should investigate any reports of "damp" most of these are as a result of condensation, advising tenants on how to reduce this problem i.e. ventilation, using heating correctly and ensuring the property has sufficient insulation. However, if the report of damp is as a result of suspected rising or penetrating damp, the landlord should utilise the resource of a specialist Damp Proof Course and Condensation Contractor to undertake a survey of the property and to provide a detailed report on any remedial works require. A copy of which is passed to the tenant with explanation.
