DAMP - who's issue?

HGLTsuperstar

OK let's talk DAMP.
We have a basement flat = small shower room (with underfloor heating) lounge-kitchen open plan and tiny (underfloor heating) one large bedroom with no form of heating. Property had been empty for months and not heated when taken on in December and was damp at time. Dampness increased over the 7 month tenancy (tenant asthmatic BTW), and when tenant (OK it's me) left took photos of the rising damp in the bedroom.
Not going to dispute the property is damp but now hear that my "missing LL" has said it's full of damp and condensation to LA - remember from my other thread I've heard nothing from her - and apparently she's now having work done.
Methinks she's getting the place damp-proofed and is going to try and sting me (via my deposit) for the cost (also she might be replacing the polystyrene ceiling tiles in the bedroom).
Preparing for this- what's her position? Does she have to prove the damp wasn't there before I moved in - which she can't do.

sooz

There is a big difference between condensation & damp.

did the LA specifically mention that the property now needs damp-proofing? In which case they are all having a laugh. This is to do with the structure of the property & nothing to do with the (ex-) tenant

If the 'damp' was caused by condensation, then yes, the tenant can be charged for re-decorating, as it lifestyle that causes condensation, combined with a lack of heating and ventilation.

polystyrene ceiling tiles, whilst not illegal, are are terribly bad idea. Why would anyone want to replace these?

Did you inform the LL or LA at any time whilst in the property that there was a damp problem?

HGLTsuperstar

What do you mean why would anyone want to replace the tiles - because they're a big time fire risk.
As for the damp/condensation - not had anything in writing yet (as my other thread shows) so don't know what exactly is being alleged - just getting my arguments ready in reply.

sooz

HGLTsuperstar wrote: »

What do you mean why would anyone want to replace the tiles - because they're a big time fire risk.
As for the damp/condensation - not had anything in writing yet (as my other thread shows) so don't know what exactly is being alleged - just getting my arguments ready in reply.

I read that due the 'damp' she was replacing your polystyrene ceiling tiles with new polystyrene ceiling tiles.

They are not a fire risk, but a fire hazard. They are not known to spontaniously combust!

What your ex-LL does to the ceiling tiles now is no concern of yours, nor should you have to bear the cost.

Wait the remaining 6 days, as per your other thread, then start an online claim for your money back.

Premier_2

Is this the same issue as you were discussing here?

http://forums.moneysavingexpert.com/showthread.html?t=1064007

Or are you renting lots of places at the same time?

tbs624

Holly - what provisions were there for ventilation in the different parts of the flat -size of windows, extractor fans etc?

Did you air the property when cooking, showering etc ? Did you regularly hang wet washing up indoors?

Did you raise any damp issues in the flat with the LL/LA during your tenancy and if you did, have you got any proof?

The problem is that lots of posters only seem to highlight "problems" at the end of the tenancy when the LL decides not to play ball over the deposit and if you are going to use these as part of any negotiation over a deposit it helps if you have proof.

HGLTsuperstar

tbs624 - it's not me who's highlighted any "problem"

tbs624

I'll try again I understand that the LA/LL are complaining about the damp *now*, but what I meant by my post above was: do you have any proof of the property's damp conditions prior to the end of the tenancy, espeically as you say that it started off that way?

HGLTsuperstar wrote: »

Property had been empty for months and not heated when taken on in December and was damp at time. Dampness increased over the 7 month tenancy (tenant asthmatic BTW), and when tenant (OK it's me) left took photos of the rising damp in the bedroom.
...
Not going to dispute the property is damp but now hear that my "missing LL" has said it's full of damp and condensation to LA -

My highlighting - did you raise the issue at any time by letter or via email? It may help your argument against the LL/LA if you did

HGLTsuperstar

I took photos on the day I vacated the flat of the rising damp but no other proof - likewise LL has no proof that the flat was in immaculate, as new condition before I moved in so surely the onus is on her IF (and at the mo' it is still an "if") that's what she's alleging.

sooz

You still haven't answered the question

Did you inform the LL or LA at any time during the tenancy (and preferably in writing) that there was a problem with damp at the property?

If not, there is no point saying it was damp when you moved in, & got worse whilst you were living there. By not informing the LL or LA you would have contributed to making the problem worse, & therefore it can be argued that you can be partially responsible for the cost of the repair.

HGLTsuperstar

Yes I did answer your question - I have not mentioned the damp before - there's a lot I put up with supposedly for a "quiet life" - hindsight is a wonderful thing!
I'm not saying the place isn't damp but my point is that is it not up to LL to prove there was no damp before I moved in?