Being held to end of tenancy

shjo558

Hi,

My niece is at university and rents a property along with 2 other girls. They are all nice and keep the property clean and haven't caused any problems with their landlord who is a large letting company covering Stirling and Glasgow.

The bedroom that my niece sleeps in has been consistently damp since they moved in last year and despite her trying to keep it dry and clean, mould kept growing on one of the walls. This seems to have caused her quite a few illnesses over the last year.

They have contacted the landlord on several occassions and kept getting fobbed off. It's now got to the point where they have decided to move out and advised the landlord of this in May.

Now that they have moved into another property the former landlord is holding them to their tenancy, due to end in August, which is £900 per month between the 3 girls. They are trying to dispute this as the property isn't fit for purpose but the landlord has decided after 5 minutes in the room that it's condensation and not damp.

I have suggested that she contact the local council and ask for Environmental Health to give their opinion and ask the council to consider the 'fit and proper landlord' test.

Not paying isn't really an option as their parents are gurantors so won't want this to affect their credit score etc and they would obviously like their deposit back as they haven't caused any damage to the property.

Can any MSE'rs point me in the direction of the relevant legislation and/or caselaw that they could quote in the first instance and potentially use to take to a small claims court?

I'm not sure if there is a difference in England/Scotland but we would need the Scottish version of the regulations.

Thanks

Jowo_2

My assumption would be that the landlord would have to take the tenants to the sheriff court if this is being disputed and the tenants would have the opportunity to defend themselves there. This is where the landlord should provide evidence that the damp was caused by tenant behaviour, failure to adequately heat and ventilate the property, rather than a building defect like a leak and where the tenants can provide evidence to the contrary.

Though I am in danger of citing English housing law, generally a tenancy can only be ended within the fixed term by the consent of the landlord or where the property is deemed to be inhabitable, thus the contract is frustrated. Also, where landlords have tenants that have abandoned the property and possession has been given back, they may have an obligation to mitigate their losses by trying to find replacement tenants (though on forums that I browse, this is often disputed and others argue that there is case law that doesn't oblige a landlord to do this).

Get the tenants to contact Shelter Scotland to find out their specific rights and responsibilities and check the position on the mitigation of losses by the landlord.

Do the tenants have an audit trail, copies of letters to the landlord reporting the damp or an inspection report by the local council environmental health dept? A report by a damp specialist about the origins of the damp, etc?

shjo558

Thanks for you reply, I'll pass on what you have said. I think the thought of court is quite scary for them although I did try to reassure her that it's not as bad as it seems.

The Council haven't visited yet but I did suggest to her earlier that she calls them in the morning.

clutton_2

what colour was the mould ?

Jowo_2

shjo558 wrote: »

Thanks for you reply, I'll pass on what you have said. I think the thought of court is quite scary for them although I did try to reassure her that it's not as bad as it seems.

Get them to read up on the process on the court website as it will explain more about it. The provide guidance to defendents to help them prepare.

I believe the majority of damp related issues are caused by tenant behaviour rather than defects (but, granted that some building designs don't help matters).

I get the impression that unless a property is uninhabitable tenants are not permitted to break the contract. There are numerous ways a tenant can seek redress for no or slow repairs.

http://scotland.shelter.org.uk/getadvice/advice_topics/repairs_and_bad_conditions/repairs_in_private_rented_accommodation

http://scotland.shelter.org.uk/getadvice/advice_topics/repairs_and_bad_conditions/taking_court_action_over_repairs

I've had a quick google and it looks like for Scotland, the landlord's obligation to repair the property comes under the Housing (Scotland) Act 2006.

Shelter should be able to advise whether the tenants were premature in quitting the property despite its damp issues and remain liable for the rent or provide advice how to dispute it.

http://scotland.shelter.org.uk/housing_issues/policy_and_practice_glossary#24

Here is what they say about moving out when a landlord refuses to undertake repairs.

http://scotland.shelter.org.uk/getadvice/advice_topics/repairs_and_bad_conditions/repairs_in_private_rented_accommodation/getting_your_landlord_to_do_repairs#8

tbs624

shjo558 wrote: »

They have contacted the landlord on several occassions and kept getting fobbed off. It's now got to the point where they have decided to move out and advised the landlord of this in May.

Did they contact the LL *in writing* and if yes, did they keep copies? Have they taken photos? Did your neice visit her doctor for the illnesses you say were caused, and was the LL made aware?

In Scotland, with effect from early Sept 2007, all rental properties have to meet what is called the "repairing standard" and LLs who fail to ensure that their properties meet the requirements can be dealt with by the PRHP (private rented housing panel) Have a look here and here for more information

However, if your niece has, for example, been drying washing indoors, steaming it off on radiators and not keeping the property sufficiently aired and heated then the problem (or part of it) *may* be condensation.

The tenants should have sought proper advice from their Uni welfare/accomms officer and/or Shelter *before* moving out, but read up on the link above and see if any of it is relevant to this particular property. Obviously if, say, windows don't open or there is an inadequate heating system it makes it harder for a T to combat anything that could be put down to condensation/lifestyle.

clutton_2

you can tell if it is condensation or not by the colour of the mould....