Landlady wants £350 from me and GF - with PICTURES

redrabbit29

That crack is a settlement crack. There are two bigger ones downstairs in the living room running from the ceiling to the floor. It's always been a good talking point on inspections, and has been here from Day 1.

It's something we both comment on as small talk, like "That crack is terrible...". Is that also worth mentioning?

redrabbit29

Draft 2 of letter done:

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Dear <estate agent>,

In response to your recent letter dated 11th November 2008:

As you know several inspections have been conducted at our property over the course of our 3rd tenancy contract. On two specific occasions one of your colleagues has sighted the marks on the ceiling, which I was told were as a result of damp.

I was re-assured by your colleague and also <Repair Man> that I was following precisely the correct protocol by allowing full ventilation by regularly opening the windows, and keeping the air vent open at all times. I have also explained on these inspections that I regularly clean the staining away so it is not noticeable however it does soon re-appear.

Throughout my time at <Road Name>, I have phoned <Estate Agent> several times with several maintenance issues – which were promptly and professionally dealt with. I did this in good faith as I realise general upkeep of the property is a responsibility of the tenant.

As I read through your most recent letter, I felt most aggrieved at feeling that I should have somehow known there was an issue with dampness or with mould, and immediately known to contact you regarding this.

If the cause of this issue is Damp, then I do feel it’s unfair to expect us to contribute towards it’s repair. It is not an obvious issue for a tenant to notice, but other issues we have encountered were – such as a broken bathroom tap, a broken kitchen tap, a faulty TV aerial, a leaking toilet – all of which were reported.

As far as I understood, the objective of our quaterly inspections was to ensure the house was in good order, sufficiently maintained and that there were no major concerns over it’s condition. Surely during these visits when your colleagues visited and sighted the mould they would have updated the landlady?

Taking into account my conversations with your colleagues, and <Repair Man>, and also the fact that I have on several occasions fulfilled my responsibility to notify you of maintenance issues, I feel it is entirely unfair and unreasonable to expect <Girlfriend> or me to contribute towards these repair costs.

Yours Sincerely,
Me and Girlfriend

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LittleMissAspie

Okay it does look like it's built up a bit. Give it a good clean with mould remover and see how it looks then, you should be able to get rid of 99% of it. You need to dust your windows every single week and wipe off anything that's looking darker to stop it building up like that. You shouldn't need to use chemicals every week though.

poppysarah

That crack needs further investigation imo.

TBH I'd get a builder to come and have a look. They can tell you if it's contributing to the problem or the cause or nothing to do with it.

LittleMissAspie

redrabbit29 wrote: »

As I read through your most recent letter, I felt most aggrieved at feeling that I should have somehow known there was an issue with dampness or with mould, and immediately known to contact you regarding this.

If the cause of this issue is Damp, then I do feel it’s unfair to expect us to contribute towards it’s repair. It is not an obvious issue for a tenant to notice, but other issues we have encountered were – such as a broken bathroom tap, a broken kitchen tap, a faulty TV aerial, a leaking toilet – all of which were reported.

As far as I understood, the objective of our quaterly inspections was to ensure the house was in good order, sufficiently maintained and that there were no major concerns over it’s condition. Surely during these visits when your colleagues visited and sighted the mould they would have updated the landlady?

I don't think you need these paragraphs, best to sound factual instead of emotional, and don't try to blame anyone.

lettings-landlords

The landlady has a duty of care to ensure that the property is habitable throughout the tenancy. Therefore if there is a damp problem then it is up to the landlady to ensure that it is resolved with no cost to yourselves as you can not be held liable for any damp that has occurred that is not down to your negligence. If it is a condensation problem then this might be cause for asking you to contribute to the rectifying of the problem as condensation can occur through lack of ventilation and tenants not ensuring the property is aired properly.

Personally I would write refusing to pay anything. If the rent is put up then the landlady is cutting her nose off despite her face - rental prices on the whole are going down! If they serve you notice to quit just remember that this does not mean that you have to leave the property they still have to get a court order to have you evicted and if you have been paying the rent on time and kept the property in good order aand the landlady does not require the property for personal use then theree is a chance that the judge might find in your favour anyway. If the contract comes up for renewal ask for a new contract and that way the deposit that you paid all those years ago will have to be put into a Government approved scheme. Even if your contract goes onto a periodic tenancy and letters are exchanged stating this, it has been found that deposits must still be protected.

N79

lettings-landlords wrote: »

If the contract comes up for renewal ask for a new contract and that way the deposit that you paid all those years ago will have to be put into a Government approved scheme.

Maybe - it will depend on how the judge understands the word paid. But in general I agree.

lettings-landlords wrote: »

Even if your contract goes onto a periodic tenancy and letters are exchanged stating this, it has been found that deposits must still be protected.

Can you provide a case reference for this as it would be news to me and, I suspect, a lot of other LLs? We need court, date, judge. Many thanks.

Incisor

redrabbit29 wrote: »

Picture of wall with crack and some discolouring:
http://img88.imageshack.us/my.php?image=house1is8.jpg


Picture of cieling skirting board with some marks:
http://img222.imageshack.us/my.php?image=house2ln7.jpg

Picture of: the corner of ceiling/wall with some marks:
http://img222.imageshack.us/my.php?image=house3xn6.jpg

Window Marks and TEDDY:
http://img89.imageshack.us/my.php?image=window1fp7.jpg

More Window marks closeup:
http://img149.imageshack.us/my.php?image=window2zc1.jpg

It is the last 2 pictures which concern me. The damp on the window indicates that you are running that room too damp - unless there is a really obvious source of water from outside which is evaporating and recondensing, the fact that it is on the glass means that the damp is in the air inside the house, from general living [cooking, shower, breathing]. If you run a cold room and inadequate ventilation, airbourne water will recondense in the coldest place - on the windows of the coldest room.

Mrs I and I recognised this issue in our current rented property - we have a room we use as a store - so we kept air circulation ways open to the external walls and we keep a small amount of heating going.

redrabbit29

What do you mean by "If the contract comes up for renewal ask for a new contract and that way the deposit that you paid all those years ago will have to be put into a Government approved scheme".

Is there a way I can protect my deposit, as I'm also worried that come the time I move out I may lose some even though the house has only wear-and-tear damage. Nothing major has happened at all. I may be big headed, but I think I've been the perfect tenant. Very easy to get hold of, receptive to their requests, and patient when things are getting fixed.

Zandoni

Even the Teddy has gone green :rotfl: