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Poor record-keeping weakens landlords' defence in mould disputes

Landlords frequently lose damp and mould disputes due to how they manage complaints and maintain records, rather than legal shortcomings, according to property barrister Jeffrey Zitron.

  • Damp and mould claims are the primary driver of disrepair cases handled by The Barrister Group Chambers.
  • Landlords who cannot demonstrate when a property was last inspected are in a weaker position to contest tenant claims.
  • The obligation to keep a property fit for human habitation now often determines difficult cases involving condensation-related damp and mould.

Landlords are reportedly losing the majority of damp and mould disputes due to their complaint handling processes, rather than the law itself, states property barrister Jeffrey Zitron. He highlights that landlords lacking proof of recent property inspections are at a disadvantage when challenging a tenant's claim.

Repeated mould washes can create a repair history that shows the same issue recurring quickly. The housing team at The Barrister Group Chambers identifies damp and mould as the biggest cause of disrepair claims they manage.

Mr Zitron advises that landlords should properly record inspections and conduct further investigations if the root cause of damp and mould is unclear, rather than relying on treatments that only address visible symptoms. He notes that a tenant's breach of obligations can serve as a defence if it is primarily responsible for the disrepair, provided there is supporting evidence.

He also stressed the importance of keeping homes fit for human habitation, stating that a prompt and effective response from a landlord to a complaint can save both parties time and money.

Why this matters: Poor record-keeping and inadequate responses to complaints can lead to landlords losing disrepair cases, resulting in time-consuming and expensive legal disputes.

What this means for you: If you are a landlord, maintaining thorough records of property inspections and responding promptly and effectively to damp and mould complaints could strengthen your position in potential disputes.

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