I'm going through an agent and their otherwise pretty good and detailed AST agreement has the following clause.
2.54 To take reasonable and prudent steps to adequately heat and ventilate the premises in order to help prevent condensation. Where such condensation may occur, to take care to promptly wipe down and clean surfaces as required from time to time to stop the build up of mould growth or damage to the premises, its fixtures and fittings.
I have requested something more specific which also covers turning radiators off in the winter (which the tenants had done) and keeping internal doors open in rooms drying clothes, but have been told the following by the agents senior property manager.
In relation to ventilation, I would not be able to ask the tenants not to switch off radiators as this would be classed as an unfair term in the Consumer Contracts Regulations 1999.
By asking them not to switch the radiators off, you are dictating to them how they must live in the property and the tenant has the right to choose.
Also by asking them to keep the radiators on, would incur tenants higher costs for their heating which again we cannot expect them to have to pay if they do not want the radiators on.
The terms relating to where the tenants dry their clothes and having to leave the internal doors open also cannot be included in the tenancy as they will be deemed as unfair and would not stand up in court.
We can provide tenants with a leaflet on how to prevent mould and damp which I have attached for reference.
So can ClitheroeKid or experienced landlord (IoWP) suggest some wording that would be acceptable and any case law I could quote to support something more strongly worded and specific than the current clause. Or not, as the case may be.
TIA
I