Help!! Estate agents falsely represented property & mold problem!

caela_2

Hi all,

I'm desperately hoping someone can help us here because I'm really at my wits end with this. We moved into an apartment beginning of last year and all was hunky-dory. Then... the dreaded mold began! Basically, the flat has very poor ventilation and the window seals on the double glazing were broken. The windows were always steamy and dripping with condensation and then a thick, black mold began spreading across the bedroom wall. Ugh.
We called our estate agent a million times asking them to send someone out to assess the damage. One time I was so worried it was caused by damp I convinced myself the ceiling was caving in; needless to say, sleeping in the bedroom has become a chore. It's nasty and moldy and the whole flat is heavy with condensation in the air, you can just feel it.
To cut a long story short, the estate agent did nothing to deal with our requests, even asking us to buy a spray to get rid of the mold. Cheek.
It came to the point that the window frames got so rotten they were falling apart and the panes could have fallen out if left any longer. After months of complaining, the windows were eventually replaced. But the mold has still not be cleaned or treated! (I have done it twice myself already!)
I called the last time to ask when we first reported the mold, as the landlord now wants pictures to assess the damage, so that he can arrange repairs. This all sounds like a ploy to me, as why would he need photographic evidence? He has already received several reports, from the estate agents and from environmental health, not to mention the window guy. Anyway, I think not only are they trying to drag this out before they fix it, they are trying to blame us and that is why they want pictures of the damage (the mold is not our fault, we leave windows open but until the mold is cleaned, it will continue to spread regardless). Anyway, the estate agent said he's sure we won't be charged for the cleaning but he wouldn't confirm it. They are being really tricky and I feel they are trying to threaten us to get us to deal with the mold ourselves.
Anyway, the estate agent put his foot in it. As I had asked for the first date the mold was reported, he went back through his notes and read out 'tenant reported mold in bedroom'... a whole year before we moved in! Whoops, I guess this has been an ongoing problem and the reason the last tenants moved out. Moreover, when they showed us the property, there was no mention of mold and it had been painted over to disguise it. They have never denied doing this.
Basically, I said they mis-represented the flat and not only would I have never agreed to moving into a mold infested flat, I wouldn't have paid the admin charges or the rent at such a high rate!
I feel cheated and frustrated, there seems to be nothing we can do and estate agents are not linked to any governing body. The only thing I can think of doing is pursuing action in a small claims court, to get our fee back from the estate agent and compensation, either from the ll or ea.

Pls pls pls let me know if anyone has been in the same situation or if anyone has any much needed advice, I feel like I've been hung out to dry here and the ea are laughing all the way to the bank! I really don't want to move, the hassle is far to stressful and I'm way too busy, but I've already been looking at other properties. I just want my flat sorted as it should be. Humph.

Running_Horse

Although it's not ideal in winter, have you opened windows a little to increase ventilation?

caela_2

Running_Horse wrote: »

Although it's not ideal in winter, have you opened windows a little to increase ventilation?

I know, it's freezing lol! We have been opening windows, especially after showers, but it won't make a difference until they remove the mold, cos it will still spread.

Debt_Free_Chick

caela wrote: »

Hi all,

I'm desperately hoping someone can help us here because I'm really at my wits end with this. We moved into an apartment beginning of last year and all was hunky-dory. Then... the dreaded mold began!

Condensation - and the mould that often follows - is generally a "lifestyle" issue which is entirely under the occupants' control.

You say you moved in and all was hunky-dory ...... then the mould began, which kinda confirms that you (or the way you live) are the cause of it.

For this reason, I can't see how you can insist that the LL pays to have the flat cleaned.

With the weather milder I would have the windows open all weekend, clean the mould and hire a dehumidifier for a week or so. Improve the ventilation and reduce the moisture in the air and see how you go.

I can't see that insisting that the LL deals with it is going to get you anywhere - sorry

QTPie

These things happen (happened to us once!).

I disagree that it is just a tenant's fault: I have lived in 6 houses/flats - lived the same way in each - and only one of them had a mould/damp problem....

When is your initial tenancy period up? Look for somewhere else then move out.

QT

caela_2

Debt_Free_Chick wrote: »

Condensation - and the mould that often follows - is generally a "lifestyle" issue which is entirely under the occupants' control.

You say you moved in and all was hunky-dory ...... then the mould began, which kinda confirms that you (or the way you live) are the cause of it.

For this reason, I can't see how you can insist that the LL pays to have the flat cleaned.

With the weather milder I would have the windows open all weekend, clean the mould and hire a dehumidifier for a week or so. Improve the ventilation and reduce the moisture in the air and see how you go.

I can't see that insisting that the LL deals with it is going to get you anywhere - sorry

Hiya thanks for your replies. I wanted to clarify that the original source of the poor ventilation was the fact the windows needed replacing. However, after replacing them, the ll has not cleaned the mold so it won't go away, even with ventilation, because it is already there and needs to be removed before any improvement can be seen.
It was only 'hunky dory' when we moved in as the ea had painted over the mold before we moved in and the mold eventually seeped through as it has not been properly dealt with, only covered. That is why it returned. I know it had been going on for at least a year prior to us moving in a noticing it as I had the ea confirm it by mistake. It is the reason the last tenants moved out. They just painted over it and pretended it was gone, now we have to deal with it and it's not fair.
We do ventilate the flat, like any normal person, opening windows when it is humid, even when it is cold just to let some air through and I even try not to have hot showers because I don't want to increase the condensation.
I wish the ll had made it clear that there was a ventilation problem as we would have never moved in. Environmental health recommended that the ll bought us a dehumidifier as this might help, but he has done nothing.
I will take the usual measures to fight the mold, but since we did not cause it (it has been confirmed by the ea as pre-existing and had been covered), then I do not see why we should be liable to pay for any repairs or take any excessive action to deal with it (leaving windows open all day in winter and keeping the heating on!). The situation had not been factored into the rent, we should not be expected to foot further electricity bills to deal with their problem.
As far as I'm concerned, they need to pull their finger out and treat the mold, it's what any responsible ll would do. I even redecorated the whole flat myself and my hard work has been spoilt by the mold. We have been excellent tenants and feel like we've been treated like scum, just because they want to avoid actually dealing with the problem. Or so is my opinion. Grr... mold!

Gingernutmeg

QTPie wrote: »

I disagree that it is just a tenant's fault: I have lived in 6 houses/flats - lived the same way in each - and only one of them had a mould/damp problem....

I agree. Although there's a lot you can do as a tenant to prevent damp/condensation/mould, I've had the same experience as QT, in that I've lived in a number of properties, lived the same way in them all and only had a damp/mould problem in one place. The flat was impossible to heat (very old radiators that needed replacing) had the original 30 yr old windows which were either stuck open or stuck shut and were extremely draughty, had some god-awful secondary glazing that was no use at all and the landlord simply would not do any basic and general maintenance - even the letting agent admitted that the LL was 'difficult'. The flat was fine and pleasant enough in August when we moved in, but come October no matter how much we heated and ventilated the place we froze and the flat got damper and damper. When the mould started growing on the bedroom wall we realised that, had we known to look for it, we would have seen where the same problem had been painted over numerous times. We moved out as soon as we could (as had every one else, we got post for at least ten people whilst we lived there ...) and the flat was rented out again, to people who again moved out after a winter there - which was part of the problem, I think. The flat was in a 'nice' area so always got filled, and the landlord never really had to maintain it to get tenants.

Like I said, I agree that as a tenant there's a lot you can do to stop damp and mould, but in a lot of cases I do think it's down to poor maintenance on the LL's part as much as it can be down to a tenant's lifestyle. I wouldn't dream of living in my house the way my parents do in their own home (tons of washing dried inside and on radiators, windows rarely left open for long, lots of steam from baths/cooking etc) but they've never had any kind of damp problem, mainly I think due to the decent build quality of their home and the general maintenance that gets carried out regularly - you don't often get that in rentals.

caela_2

QTPie wrote: »

These things happen (happened to us once!).

I disagree that it is just a tenant's fault: I have lived in 6 houses/flats - lived the same way in each - and only one of them had a mould/damp problem....

When is your initial tenancy period up? Look for somewhere else then move out.

QT

Hiya,

We are on roll over contract, so we can move out whenever, but I'd really like to stay because the flat has everything we need and it's our home. I have looked at other places, but the stress of moving just seems to much right now. It might have to be an option though, if they can't sort it out.
I think you are right saying it is not the tenants fault; I have lived in many places and never changed my lifestyle however it all depends on the structure of the property. This one is just poorly ventilated and you really have enough of running around opening and closing windows and doing the heating and wiping the windows... it's enough hassle to clean a flat as it is, I don't think people should be expected to then clean the ceilings and constantly maintain a mold problem, it's just not fair to ask in my opinion.

QTPie

caela wrote: »

Hiya,

We are on roll over contract, so we can move out whenever, but I'd really like to stay because the flat has everything we need and it's our home. I have looked at other places, but the stress of moving just seems to much right now. It might have to be an option though, if they can't sort it out.
I think you are right saying it is not the tenants fault; I have lived in many places and never changed my lifestyle however it all depends on the structure of the property. This one is just poorly ventilated and you really have enough of running around opening and closing windows and doing the heating and wiping the windows... it's enough hassle to clean a flat as it is, I don't think people should be expected to then clean the ceilings and constantly maintain a mold problem, it's just not fair to ask in my opinion.

Ignore any idiots who post (looking at the post immediately before your last one :rolleyes: ).

No, it isn't your fault at all.

When we had the same problem - the property we rented was fine in the Summer (although the dehumidifiers provided by the landlord should have been a clue!), but was bitterly cold AND very damp in the Winter... Our initial 6 month contract ran out in mid-January, but we found somewhere and moved out in early December (husband had been very ill - constant colds and breathing problems - and I am an asthmatic). So we paid double rent for 5/6 weeks, but it was SOOOOO worth it. The difference between the cold, damp, shell of a mews house we moved out or and the warm, cosy flat we moved into was imeasurable!

Personally, to me, THE most important things about where you live are whether it is warm and damp/mould free (and preferably not in a dangerous location). It is well worth the hassle of moving to move somewhere a LOT more "healthy".

Of course the next tenants of the flat will get it. The reason why their was no mould/damp in your flat when you moved in was beacuse the LL had cleaned it all up and probably repainted to cover it.... That is what he will do again and the next tenants will be none the wiser until some time after they move in... . If I was a landlord, I couldn't let a property in that state - there are things they could do to improve it...

Personally, I would strongly consider moving, if I were you.

Good luck
QT

QTPie

My God, that is virtually IDENTICAL to our experience!!! (13 years ago now, fortunately... )

QT

Gingernutmeg wrote: »

I agree. Although there's a lot you can do as a tenant to prevent damp/condensation/mould, I've had the same experience as QT, in that I've lived in a number of properties, lived the same way in them all and only had a damp/mould problem in one place. The flat was impossible to heat (very old radiators that needed replacing) had the original 30 yr old windows which were either stuck open or stuck shut and were extremely draughty, had some god-awful secondary glazing that was no use at all and the landlord simply would not do any basic and general maintenance - even the letting agent admitted that the LL was 'difficult'. The flat was fine and pleasant enough in August when we moved in, but come October no matter how much we heated and ventilated the place we froze and the flat got damper and damper. When the mould started growing on the bedroom wall we realised that, had we known to look for it, we would have seen where the same problem had been painted over numerous times. We moved out as soon as we could (as had every one else, we got post for at least ten people whilst we lived there ...) and the flat was rented out again, to people who again moved out after a winter there - which was part of the problem, I think. The flat was in a 'nice' area so always got filled, and the landlord never really had to maintain it to get tenants.

caela_2

QTPie wrote: »

When we had the same problem - the property we rented was fine in the Summer (although the dehumidifiers provided by the landlord should have been a clue!), but was bitterly cold AND very damp in the Winter...
QT

Thank you so much for your support guys. QT, that sounds like our flat lol moved in January and didn't take long for the mold to make it's appearance, our third tenant lol. I have been looking at other properties and it seems for what we are paying here we can get a far nicer apartment anyway, with NO mold lol! I think you're right, avoid the stress and move. I dread the challenge, but I guess change is good and will pay off in the long run. I love this flat, but maybe it's opened my eyes to what's out there and you can't be too sentimental.

Glad you guys sorted out your moving and got a nice new damp free place! So sorry to hear about your dilema, at least the mold has not made us ill yet... although my boyfriend is starting to get allergic. If the ll does want to fool the next people, he's got another thing coming cos if we move out, I'll write to the next tenants and tell them about our situation and hopefully they'll have more luck than we did!

Thanks again for all the support! xxx