Damp and eviction

[Shippy19]

DD and partner have been in private rental since Oct 2025 on 6 month lease. Reported damp in December - nothing was done, landlord blamed it on drying washing indoors. Reported it again in March - he offered dehumidifier and was again blamed on them.
Reported it to environmental health - then got section 21.
Eviction date was 23 May . They paid 1 month rent on 23 April and moved out 30th, handed keys back on Tuesday 5th May. Environmental health agreed he could fix damp after they move out.
Landlord refuses to refund rent for vacant days and still blaming them for damp. It was on no deposit scheme so I expect he may try and make a claim.
We have pictures of damp and it is very severe. Their clothes are ruined and my DD meds were dissolving in their pots, it was so damp. Spoken to a few neighbours and it seems the whole block of flats is damp.
Question is, do they have a case to pursue refund on rent?

[efpom]

What was the end date on the 6 month Assured tenancy Agreement?

[Shippy19]

23 April

[efpom]

If there was not a further AST then on expiry of the original AST, the tenancy became a periodic tenancy on the same terms as the expired AST. You paid a months rent in advance for that periodic tenancy on 23 April The LL served a s.21 requiring you to give him possession on 23 May.

The starting position is that LL is entitled to his rent for the Month April to May. The fact that you you chose to quit earlier does not affect that

You, in fact, gave him possession on 5 May by returning the key to him.

Nevertheless, you may have grounds to have the rent returned from 6 to 23 May, if the LL entered the dwelling to carry out damp curing works between 6 & 23 May. You would have to prove that.

You may also have a claim for all the rent you paid during the time you lived there if you can prove that the damp was such that it was a hazard to your health - you seem to be able to prove that.

However, it must also be proved that the damp was not caused by any act of yours i.e. drying washing indoors without properly ventilating the dwelling during drying. On that, as the LL asserts it was your act that caused the damp, it is for the LL to prove that.

You say that you reported the damp to the Local Authority Environmental Health department. You also say that there was some sort of agreement between it & the LL that he could fix the damp after you moved out. That may well be the reason why the LL issued the s.21

If you can get at the documents between the LA ad the LL that may well uncover what went on between the LA & the LL re. curing the damp. Your local elected councilor may be able to help with that but you can also make a subject access request to the LA.

The q? begging to be answered here is: Did Environmental Health threaten enforcement if the LL did not take steps to make the dwelling habitable by curing the damp.

[sloane82]

How much did you pay for the rent, speak to the, housing ombubsman and tenants advice, you could
take your landlord to the small claims courts and get your money back.

[Shippy19]

Paid 6k upfront then another 1k for Apr -May 2026.