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Mould damage and failure to notify of damp issue

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Midlander 91
Midlander 91
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I had a tenant who has recently left the property (moved in Oct 2018, moved out Jan 2020). The property was in a good state of repair when they moved in. In November 2019, I was notified that there was a very significant growth of mould in one of the rooms on the external wall and ceiling, which the tenant confirmed had been a minor problem through the tenancy but had got significantly worse from August 2019. I initially advised to ventilate and clean off with mould killer to prevent damage to paintwork. On visiting a few days later, the mould growth was so significant that I felt the need to clean it off immediately as a potential health issue, and I advised to run a provided dehumidifier in the the room frequently to allow the walls and ceiling to dry out. By the time the tenant moved out, the walls were free of mould and appeared dry. There was damage to the paintwork.

The day after repainting, the paint on the ceiling had peeled and it appears that there is a minor penetrating damp issue which was the root cause of the mould. A roofer has advised that it has been going on for so long that the ceiling may collapse.

The contract stipulates that the tenant must "take all reasonable precautions to prevent condensation by keeping the Property ventilated and heated. If any condensation occurs to mop up any water promptly to prevent mould growth." and "v) To promptly notify the Landlord of any breakage or disrepair.".

I therefore want to know if I can claim against the deposit for:
i) The time and materials to clean off the mould and repaint the walls and ceiling
ii) A proportion of the damage caused by the leak as a result of failure to notify me of the issue. I will obviously pay for the repair of the roof itself so this would just be the cost of replacement ceiling if needed.

Any thoughts appreciated!

14/01/2020 11:25

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