The issues the Ombudsman was asked to examine included: 

A. Redecoration of the property
B. Cleanliness of the property
C. Unwanted items left at the property 
D. Mould in the property 

The tenants considered that the agent failed in their service in connection with the letting of the property and were responsible for the unacceptable condition of the property.  They sought £600 to resolve the dispute. 

The agent stated that the property was let to the tenants in an acceptable condition, but acknowledged that they should have resolved the mould issue and removed the leftover items from the property prior to the tenants moving in. The agent made a goodwill offer of £200 to resolve the dispute but the tenants rejected this and requested a full and independent review of the dispute by TPO. 

Investigation
A.Redecoration of the property 

The tenants stated that when they viewed the property, they discussed the condition of the paintwork with the agent and it was agreed that it would be repainted before moving in.  The tenants were unhappy that this did not happen, but the agent argued that no such agreement had been made.  As the initial discussion relating to redecoration took place during the viewing and neither party could evidence precisely what was said, the Ombudsman was unable to determine exactly what was agreed. 

However, the Ombudsman noted that the tenants also raised the issue with the letting agent after moving in and that it was agreed that the agent would put the request to the landlord for the property to be redecorated. Having considered the evidence, the Ombudsman found that the request was not communicated to the landlord. The agent had made a goodwill gesture of £50 in relation to this shortcoming, which the Ombudsman considered to be reasonable in the circumstances.

B. Cleanliness of the property 

The tenants were unhappy with the condition of the property at the start of the tenancy as they felt it had not been cleaned prior to them moving in. The agent stated that their in-house cleaner had cleaned a few areas of the property and that the rest of the property had been in an acceptable condition.

Having looked at the photos from the inventory checklist, the Ombudsman concluded that aside from issues caused by mould, the property was presented to an acceptable level of cleanliness. The tenants mentioned the condition of the bathroom being unacceptable. However, upon inspection this was not a cleanliness issue, but rather was affected by mildew across the seals which could not be cleaned. The seals were later replaced by the agent. 

Overall, whilst acknowledging that individuals may have different standards of cleanliness, the Ombudsman concluded that the condition of the property at the start of the tenancy was acceptable. 

C. Unwanted items left at the property 

When the tenants moved into the property, they found many items which were of poor condition which had been left by the previous occupants, such as plates and cutlery. The tenants were unhappy that these items, which amounted to more than 20 black bin bags of waste which they had to collect, were left at the property.

The agent accepted that they should have cleared the items from the property before the tenants moved in as it was clear the items were not of use and had been poorly maintained. The agent offered the tenants £50 in compensation. 

The Ombudsman supported the complaint but considered that the agent’s offer of £50 did not reflect the level of inconvenience and aggravation caused to the tenants. As such, an award of £150 was deemed to be reasonable in the circumstances.

D. Mould in the property

The tenants were unhappy with areas of mould found in certain fixtures of the property and felt the agent had neglected their duty by not fully addressing the problem. 

The agent accepted that it was clear there was mould in certain fixtures, as highlighted in the Inventory checklist, and that the issue should have been resolved prior to the tenants moving in. 

Following the matter being raised, the mould issue was resolved by contractors on behalf of the agent within two weeks of the tenants moving in. The agent then offered £100 in compensation to the tenants for the trouble and upset caused. 

Looking at the photos of the mould, there was clearly  a problem in certain contained areas such as the utility cupboard, which should have been addressed prior to the tenancy starting.. 

Accordingly, the Ombudsman supported this complaint and concluded that the agent’s offer of £100 was suitable compensation, taking into account the limited and contained nature of the problem and the speed at which the agent had resolved the matter.  

Outcome  

Overall, the Ombudsman supported three aspects of the complaint and concluded that an award of £300 (including the £200 offered by the agent) represented a suitable and reasonable level of compensation in the circumstances, allowing the parties to draw a line under the matter and move on. The tenants agreed and the dispute was resolved.