Some advice would be appreciated.

It's not strictly a Green Building issue, but as there seems to be a god deal of expertise here it would be good to get some second opinions.

So the background.

I rent out a house on a steep slope. Due to the slope the house has a garage and "utility" along the downslope side, under the main floor slab. These spaces were created when the house was built in order to support the house above, so they are essentially "basement" type spaces. They were not built with a damp course or (on the retaining wall side) any damp proofing.

The tenant has (against our advice) been using the "utility" as a study type room (desk, books etc). The room has no windows, a small air brick and one (external door).

After a plumbing leak some years ago we installed a cheap "office" carpet at the tenant's request, his reasoning being to protect the concrete floor of the room which had had some tanking slurry applied (again in an act of good will to the tenant)

Recently there was another leak from the plumbing system (the exact circumstances are murky). Approx 1 bucket or so of water soaked into the carpet (the room is approx 3m x 4m)

The tenant had all his stuff removed (insurance job).

The carpet has been drying out over the last month, not helped by the fact the tenant tends not to open the door.

I was going to pop a dehumidifier in for the next week just to finish off the drying process.

When I was there 1 week ago, the walls and ceiling were fine, with no sign of mould or dampness). The carpet was mainly touch dry although in the corner closes to the leak it would leave a damp mark on your trousers if you knelt down. There were one or two small (about the size of a pea) "furry" things where I assume a crumb of sandwich or other organic matter had moulded over.

In my assessment a vacuum and a few days with the door open would see the place back to "utility" standard. The tenant wants the place upgraded to a full study but that's another tale.

The tenant wants (although he phrases it as "advises") the following work done (lifted from his email)

- The carpet is a vapour barrier. It is also effected by mould and spores. The carpet should be removed, placed in an airtight plastic bag and incinerated, as it is a health hazard. this should occur post swab samples collection.
Prior to any de-humidification they advise taking swab samples from the carpet and walls ceiling etc.

- All walls ceiling and exposed floor should be sprayed with an anti spore solution by means of a spray mechanism. The room then requires to rest whilst the process tales place.

- Once the spores have been killed the door should be opened to fresh air which will allow many air changes per hour. At this stage fans should be introduced for a two to three hour period. with the door open, assisting air changes.

- After this treatment spore samples may be taken and passed on to a laboratory for analysis.

- The next step would be post sample analysis is received to introduce axial fans and dehumidifiers plus a heat source with a closed door. Until the room has a low relative humidity and the walls floor and ceiling test out at an acceptable low relative humidity.

- If you are unable to carry out the above works and tests the appointed contractor appointed by Aviva can do so on my behalf and on charge it to you accordingly.

- Please be aware that the spore samples and analysis must be carried out by an ISO certified company, using appropriately trained operators with accreditation.

- I have been advised to tell you it would be dangerous and a complete violation of HSE regulations for you to do otherwise.


Does that seem a little excessive? To me it does, what does the voice of GBF think?

"The tenant has (against our advice) been using the "utility" as a study type room (desk, books etc)."

Do you have that in writing?

I would issue a section 21 notice on the tenant.

Posted By: nigelI would issue a section 21 notice on the tenant.

A tad harsh.

@ CWatters

that is what I believe happened, we are now tightening our procedures to prevent a re-occurrence.

S21 is a tad harsh (we have never in over 30 years issued one) but in this case he has moved from awkward (which we can deal with, it's our job to be landlords not to like our tenants) to active threat.

Consider: The first leak in the room resulted in a claim against us for loss of use and electricity for drying out (which we did not advise or authorise) equal to the rent for the entire property for the time the room was out of action.

In his insurance claim he inflated the time out of action from 6 months to 9months

He claimed for items of work we had carried out and paid for

He repeatedly threatens to take us to court.

He has caused annoyance to almost every other tenant near by - including shouting at their guests, telling couriers that there are no houses further along the road (resulting in mis-delivered packages)

He regularly makes demands of us that we consider unreasonable e.g.
calling on a bank holiday to demand a tree surgeon be called as a tree had fallen across his rear drive and was blocking his car in. When I went over the "tree" was a branch that could be dragged by one man and his car was not parked around the back but around the front (i.e. not blocked in). The following day our regular gardener disposed of it in 30mins with a hand saw.

We also have a strong suspicion that he is causing the floods by fiddling with pressure relief valves (which he has a particular mania for). We have analysed the system and tested the valves an they do not activate or even leak at any pressure achievable by the system except in a permanent fault condition i.e. one that would be evident hen we investigated.

So all in I think S21 is appropriate.

Posted By: CWatters

Posted By: nigelI would issue a section 21 notice on the tenant.

A tad harsh.

Not really, I have had many tenants and nearly all of them good. I treat them well and in return they are good to me but if I had one like that he would be out the door as soon as could arrange it.

Response from tenant,

I would need to wear an overall and mask with a close HEPA filter. The advice from my Doctor and Chem-dry is to take precautions as the spores can be very dangerous. If you enter the room please keep the door closed and wear the same protection set out above, as our rear kitchen window is often open in fine weather.

Bear in mind that the last time I was there with the plumber he insisted on being present and sat on a camp chair with a notepad for 3 hours solid... And smoked 4 fags in the 3 hours.

Perception of risk and all that

Your tenant sounds like a trouble maker.
He's just talking rubbish and looks like he's in the first stages of making some spurious claim against you. I would say it is essential that you confirm AGAIN to him in writing that the "utility" room is not a habitable space and is only for storage and usage of white goods appliances. I bet his next move will be to Environmental Health Housing team with a complaint. If you don't make it clear that this room is not a habitable room then you don't what some over zealous EHO to serve an improvement notice to put all sorts of up grades in.

If you are in the landlord business you will, at some stage, get a bad tenant and you'll be lucky to get possession without the house being trashed. I'd serve notice, BUT DO EVERYTHING BY THE BOOK - you don't want EH Dept. prosecuting you for harassment!
JSH's point about taking photos is very good. This could be as part of your preliminary survey for the improvements he wants!!!

My mum used to rent out a small terraced house "up north" and got a letter from the council regarding a complaint about the lack of heating provision in the house. On inspection, the tenant had removed all the radiators, boiler and most of the copper pipe (and presumably sold them) only then to complain to the council about the landlord not maintaining the property. A few days after the visit the tenant did a runner owning a fair bit of rent. My mum then sold up and put the money in the bank - too old for all that hassle, she said.
Like any business, you get good and bad customers.

Ok I take it back :-) Section 21 not too harsh.

Why do the PRV discharge inside the house? That's probably also against regs.

I would be tempted to padlock the filling loop valve so it can't be left open. Might save another flood should the tennant "accidentally" bump the PRV when he's moving out.