Damp and mould

Key topic:

Mould and poor management

£550

Proposed decision

he lives abroad so paid the agent for a fully managed service
there is no evidence of any inspections being carried out during the two-year tenancy
the tenancy ended and was found to have mould all over the bathroom, bedroom and kitchen
he has asked the agent to send details of what they did in return for receiving their management fee but has had no reply
the agent either delayed or did not respond to any other emails asking for information about his property

they did carry out regular inspections and there was no problem with mould growth at those times
their communication with the landlord could have been better but they did reply to his email enquiries
they have requested the tenancy deposit scheme release the deposit to the landlord to pay for repairs and redecoration

Management agreement, emails, inspection reports, tenancy deposit claim release form

Inspection reports

The management agreement said that regular inspections would be carried out three times a year
The inspection reports provided only covered sixteen months of the two-year tenancy, with no reports for the last eight months
The last of these reports recorded some black spots around the windows and in the bathroom with no follow up
This gap was enough time for the mould to continue forming and the agent was found to have provided a less than expected level of service and advice to the tenant

Email responses

The lack of response to numerous emails from the landlord and the length of time it took to reply to others show a poor level of communication and service

Decision

While the agent had made a claim for the deposit to be paid to the landlord towards the damage, the lack of inspections and responses to requests from the landlord for information, had led to an unnecessary increase in the damage and distress caused
The tenancy deposit scheme found that although the agent was aware of the mould growth eight months before the end of the tenancy and took no action, there was no evidence to support the deposit claim, showing that the mould was either due to the tenant’s lifestyle or to structural defects, both of which would be the landlord’s responsibility, so made no award.
The landlord provided invoices to show it cost £180 to paint over the mould, using mould resistant paint and they asked the agent to cover this cost
The case officer decided to award the landlord £530 due to the agent’s:

lack of regular inspections
lack of responses to the landlord’s emails requesting updates
lack of care and poor service including not reporting the issue to the landlord, taking no action and allowing it to get worse over the eight-month period, without inspection

Agents have a duty of care, when managing a property, to carry out all the tasks listed in the agreement, and at the time they are agreed
Agents should advise their landlord clients of any issues that requires attention during the management period
Agents have a duty to respond to their landlord client’s requests for information about their property at all times and within a reasonable time

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