Damp course work - renting/access etc?

Hopejack

We have been renting for a good while now and late last year I informed my LL that the damp patches were getting worse in the property (they were there when we moved in but have significantly worsened - this is rising damp and it has been confirmed). Eventually, after months, the LL has organised for a few companies to visit and quote for the work. Now he informs me that he has appointed a contractor and they will start work in about one month, liaising with me for access I guess.

The thing is, I have two small children and both contractors told me it would be a big, messy job, involving moving my furniture out of the lounge and downstairs cloaks cupboard and rehousing somewhere else for at least one week. The damp has spread all across the front of the house so it's literally the complete front of the house up to about 8 foot high that needs treating. They are going to strip back the plaster to that height (and wallpaper in the hall), chemically treat, leave for a week and then come back and replaster. Plastered finish will have to be left for min 6 months before redecorating.

I appreciate the LL has to get this work done and in fairness at least he is although it's taken him all this time (and it's been a long time!). But is it fair that we have to live here and continue paying the same amount of rent, whilst finding somewhere else in the house to store our furniture, have no use of the lounge, as well as the disturbance and mess/dust etc when we have two small children? Would we have a case for housing somewhere else - the LL doesn't have any other properties? I have a feeling LL is getting the work done to market the property for sale as I know he wants to sell at some point. If it were just myself and DH it really wouldn't bother me but it's managing with a baby/small children that's the issue.

Fire_Fox

If the house in uninhabitable then yes, your landlord should house you elsewhere: the problem is he may cancel the work or serve you notice to quit if you ask for this. Might be worth an informal chat with Environmental Health as they would be your guide as to what is and is not habitable, and they also can enforce repairs on the landlord?

Hopejack

Thanks FF - didn't think of Environmental Health. The thing is I don't want to make waves but really feel it's a tall order expecting us to live with the work when we have such small children - it will be a complete nightmare trying to keep the toddler out of the way!! If it were my own home, I think I would honestly have moved out for a while as with young children it's just impossible doing that type of work - and there are the chemicals to think about too!

I agree about the notice etc - like I said, I think he is doing it (as it's been like it pretty much since we moved in a few years ago, albeit it's got worse due to damp conditions outside and the fact it's never been treated), to prepare for marketing! Otherwise I'm not sure why else he would suddenly want to deal with it??

Hopejack

Eton - I suppose it will be the LL that has to decorate anyway. But we were told 6 months painting, 9 months wallpapering. Bare plaster doesn't appeal to me as it's quite dusty and messy! Thanks for the reply though.

G_M

Personally I agree it's a bit much to expect you to live through this. You could:
a) grit your teeth and live through it
b) go and stay with family/friends
c) ask LL to rehouse you

If you do c) LL could
a) put you in a hotel, other rental property, B&B
b) refuse
c) give you notice

You don't say what contract you have. If fixed term he can't make you leave before the term is up. If no fixed term (ie it's a monthly periodic tenancy) he has to give you 2 months notice.

It's a gamble and only you can decide what he's likely to do, and what you want to happen.

Fire_Fox

Hopejack wrote: »

Thanks FF - didn't think of Environmental Health. The thing is I don't want to make waves but really feel it's a tall order expecting us to live with the work when we have such small children - it will be a complete nightmare trying to keep the toddler out of the way!! If it were my own home, I think I would honestly have moved out for a while as with young children it's just impossible doing that type of work - and there are the chemicals to think about too!

That is why I suggested an informal chat with EH not lodging a complaint. Once you are confident of EHs opinion and you get some further advice from MSE, I would write to your landlord expressing your concerns about the safety of your toddler during the works. I am not clear what you want, if you don't want to live with bare plaster yet this is essential, do you want to be released early from your AST? Lets face it you won't get rehoused for six months at your landlord's expense!

Hopejack

Thanks G_M. The thing is I appreciate LL wants to do the work and I did bring it to LL's attention that it was getting worse - felt it was only fair, I've been a LL myself and I would want to know if my property was deteriorating like that. But why choose to do it now when it's rolled on for months/years. I suspect because the property market is picking up around here!

Unfortunately I don't have anyone I can go and live with as there isn't enough room with the two children as well - all 4 of us would have to share a v small room! Suppose for a week we could live with it but then when we are paying rent on this place it's seems a bit unfair.

It's a periodic tenancy. I think I'll just have to grin and bear it - can't see LL rehousing us and with two little ones it could be more of a nightmare than anything else? I am going to stipulate though that there is no late night working as I know the contractor he has appointed until very late at night to get through his work - impossible with two young children in bed.

It's not going to be fun but I guess one week isn't the end of the world - the ongoing issue is the bare plaster which is so messy/dusty and sounds like it will be around a while - not sure if LL will want to redecorate or just leave - latter probably I suspect!

Hopejack

FF - I wouldn't expect to be rehoused for 6 months and wouldn't want to be - more while the major work is ongoing but even then as I've said above it would probably be more of a nightmare with a toddler as it needs to be safe etc - I think our posts crossed. I guess I was just sounding out on here what is acceptable and what is not. Our LL hasn't been very good at sorting repairs throughout our tenancy so I wonder why now it changes!

I will have an informal chat with the EH like you said - it's a good idea.

G_M

I forgot option d) which is to find a new property yourself and move.

Given that you think LL might be planning to sell anyway after the work's finished, might be better to get out now if you can and save yourselves the discomfort.

You have to give a months notice ending on a rent day, though if you find somewhere sooner you could ask the LL to release you from the tenancy earlier because of the works.