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tell me if I'm wrong...

124

Comments

  • foxxymynx
    foxxymynx Posts: 1,270 Forumite
    Imagine paying the gas bill that would result from that!

    tell me about it!
    If my typing is pants or I seem partcuarly blunt, please excuse me, it physically hurts to type. :wall: If I seem a bit random and don't make a lot of sense, it may have something to do with the voice recognition software that I'm using!
  • foxxymynx
    foxxymynx Posts: 1,270 Forumite
    markelock wrote: »
    is having to have windows open and heating on constantly not sufficient to breach this agreement, to allow OP to move on?
    Apparently not providing adiquate ventiliation may

    SECTION 10. FITNESS FOR HUMAN HABITATION

    In determining for the purposes of this Act whether a house is fit for human habitation, regard shall be had to its condition in respect of the following matters —repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, facilities for preparation and cooking of food and for the disposal of waste water; and the house shall be regarded as unfit for human habitation if, and only if, it is so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition.

    from

    http://www.letlink.co.uk/letting-statutes/statutes/landlord-and-tenant-act-1985.html#S10%20FHH
    If my typing is pants or I seem partcuarly blunt, please excuse me, it physically hurts to type. :wall: If I seem a bit random and don't make a lot of sense, it may have something to do with the voice recognition software that I'm using!
  • sooz
    sooz Posts: 4,560 Forumite
    poppysarah wrote: »
    Private rented tenancy support office at the local council. They'll sort it out and will get env health involved if they need to.

    Bad landlords need reporting.

    Poppysarah - EH are already involved. This seems to be your knee-jerk reaction to any tenancy issue. :D

    They have suggested vents in the fireplace, which the LL has installed. According to the OP, he hasn't followed their suggestion of one in the bay window & one above the back door. Exactly the same effect can be achieved by having the windows locked partially open. The ventilation needed is a trickle, not a gale!

    Moreover, the OP has said It's generally a lovely place in a lovely area for a reasonable rent...I doubt that the LL will want to renew the contract though, just get that feeling iykwim
    Getting another council dept involved to act on a suggestion from EH is not going to further endear her to her LL.
  • sooz
    sooz Posts: 4,560 Forumite
    foxxymynx wrote: »
    Apparently not providing adiquate ventiliation may

    SECTION 10. FITNESS FOR HUMAN HABITATION

    In determining for the purposes of this Act whether a house is fit for human habitation, regard shall be had to its condition in respect of the following matters —repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, facilities for preparation and cooking of food and for the disposal of waste water; and the house shall be regarded as unfit for human habitation if, and only if, it is so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition.

    from

    http://www.letlink.co.uk/letting-statutes/statutes/landlord-and-tenant-act-1985.html#S10%20FHH

    If EH have found no other sources of damp, other than condensation, I don't believe the above applies.

    As for ventilation - you have opening windows in each room?

    The above, as I understand it, states that a windowless cellar with rising damp & no plumbing is unfit for habitation .
  • foxxymynx
    foxxymynx Posts: 1,270 Forumite
    there has to be adiquate ventiliation and EH said that even with the windows, there isn't
    If my typing is pants or I seem partcuarly blunt, please excuse me, it physically hurts to type. :wall: If I seem a bit random and don't make a lot of sense, it may have something to do with the voice recognition software that I'm using!
  • GracieP
    GracieP Posts: 1,263 Forumite
    sooz wrote: »
    NO - condensation is caused by lifestyle.

    I don't believe that for one second in this case. 5 years ago we rented a flat that had terrible damp and we were told repeatedly it was a lifestyle issue. We lived there for nearly two years during which time I developed respiratory problems and a lot of out personal items were destroyed. I've lived in 4 different flats/houses since then and I've never had a problem with damp in any of them. And we never had damp in the flat we lived in before that one either.

    The damp flat was the only place we ever lived in that was built in the last 15 years and it was the only one with damp problems. Our lifestyle never changed in that time. In fact in that flat I used a dryer and in the four I've lived in since I've dried clothing on clothes horses when it's raining outside. And I never had damp apart from that one place. It is pretty obvious to me that it was the build quality that caused the problem.

    And thankfully my respiratory problems cleared up once I moved.
  • sooz
    sooz Posts: 4,560 Forumite
    GracieP wrote: »
    I don't believe that for one second in this case. 5 years ago we rented a flat that had terrible damp and we were told repeatedly it was a lifestyle issue. We lived there for nearly two years during which time I developed respiratory problems and a lot of out personal items were destroyed. I've lived in 4 different flats/houses since then and I've never had a problem with damp in any of them. And we never had damp in the flat we lived in before that one either.

    The damp flat was the only place we ever lived in that was built in the last 15 years and it was the only one with damp problems. Our lifestyle never changed in that time. In fact in that flat I used a dryer and in the four I've lived in since I've dried clothing on clothes horses when it's raining outside. And I never had damp apart from that one place. It is pretty obvious to me that it was the build quality that caused the problem.

    And thankfully my respiratory problems cleared up once I moved.

    The bit of my post that you didn't quote said some properties are more prone to it.

    The OP is in a flat in a semi in the north. That means that the building has 3 external walls (and probably a cold N/E wind blowing around all of them :D ). If it's a tyneside flat, the back two rooms are the kitchen, & then bathroom extension, and are probably all tiled. Such a flat is much more prone to condensation problems that a first floor flat in a terraced house.
  • lostinrates
    lostinrates Posts: 55,283 Forumite
    I've been Money Tipped!
    We re currently involved in legal action (non UK though)for very similar...infact, it sounds like our landlord, lol. It was not a lifestyle issue...this is he only place we've lived that has had a ventilation issue. We don't like to use cetral heating, but obliged to try and help with the problem that became evident a summer became winter. I do also open windows every day, sleep wih a window open always, I'm a fresh air junkie, lol. In this particular case in a three (large) room property the bedroom windowwas open pretty much 23 hours a day, the kitchen 14 hours and the sitting room twelve hours a day, we had the heatingon 24 hours a day (it later died, separate issue, it didn't help much) and two humidifiers running 24 seven, which was horrid. In our case the EH found the property not fit for habitation. This had other contributry issues in frankly nuts landords case, but we were tolD that ground floor propetie are much more likely to be prone o this issue. Our case goes to court (for return of deposit and prepaid rent) in January.
  • foxxymynx
    foxxymynx Posts: 1,270 Forumite
    We re currently involved in legal action (non UK though)for very similar...infact, it sounds like our landlord, lol. It was not a lifestyle issue...this is he only place we've lived that has had a ventilation issue. We don't like to use cetral heating, but obliged to try and help with the problem that became evident a summer became winter. I do also open windows every day, sleep wih a window open always, I'm a fresh air junkie, lol. In this particular case in a three (large) room property the bedroom windowwas open pretty much 23 hours a day, the kitchen 14 hours and the sitting room twelve hours a day, we had the heatingon 24 hours a day (it later died, separate issue, it didn't help much) and two humidifiers running 24 seven, which was horrid. In our case the EH found the property not fit for habitation. This had other contributry issues in frankly nuts landords case, but we were tolD that ground floor propetie are much more likely to be prone o this issue. Our case goes to court (for return of deposit and prepaid rent) in January.

    We've been doing pretty much the same. Good luck at court.
    If my typing is pants or I seem partcuarly blunt, please excuse me, it physically hurts to type. :wall: If I seem a bit random and don't make a lot of sense, it may have something to do with the voice recognition software that I'm using!
  • GDB2222
    GDB2222 Posts: 26,556 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    foxxymynx wrote: »
    there has to be adiquate ventiliation and EH said that even with the windows, there isn't

    With due respect, how can that POSSIBLY be correct? I haven't seen the flat or the EH report (is that a written report btw?), mind, but open windows are going to give far more ventilation than a couple of small vents.

    Unless there is rising damp of some sort, all the condensation problems you have arise because of the amount of water that you personally are putting into the flat. That's simple science - the water must be coming from somewhere. You need to leave enough ventilation and have enough heating to get rid of the excess water. In the olden days, houses were draughty enough that it wasn't a problem, but with double glazing etc there just isn't enough air coming into the flat.

    You need to be prepared to leave the windows open a small amount to air the property, and vents aren't going to help. It does seem to me that you are cutting your nose off to spite your face. Clearly your landlord does not want to do any work that appears unnecessary to him. You like the flat, so ....?
    No reliance should be placed on the above! Absolutely none, do you hear?
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