Burst water pipe in rented house, what are my landlords obligations?

Ilovepurple

Hi there, can anyone please help my friend with this issue.

My friend rents a two bedroom property through a letting agent, but has contact with her landlord directly too. She is a single parent and has recently given up working due to health issues so is claiming housing benefit.
Two days before Xmas there was a burst water pipe in the attic which flooded the entire house. The damage occurred mostly in the upstairs rooms, with both ceilings collapsing, however all the walls in the house were wet and carpets were soaked. After stopping the water supply, she called round to the letting agents to inform them of the flood and was told that it was her problem as they were closing for Xmas.
She contacted the landlord who after being told that she had stopped the water said he would get someone round to look at it in the morning. My friend decided to try and dry what she could and then find somewhere to stay. She moved out of the property over Xmas and was told by the landlord that she wouldn't have to pay rent whilst she wasn't there. This was the only contact she had with him for a while. After Xmas, the landlord finally got builders round to start repair work, no assessment has been carried out, no inspection at all and my friend knows that the work is not being paid for by insurance.
As she was informed that she would have to start paying rent again she had no choice to move back in and is currently living in on room of the house.
After staying there for a week she was informed that the bedroom upstairs has toxic mould growing on it, so she has since kept her son out of the room. However, before this she would allow him into the room to get his toys and he now has an infection on his lungs.
When trying to speak to the landlord in all this time, he doesn't answer the phone and all the letting agents are interested in is the rent being paid. My friend does not know whose responsibility is what and what her rights are. Her landlord has told the builders to paint over the mould and not remove the damp carpets, but to dry them out. We both feel that this is dodgy and that he is trying to repair it cheaply, at the expense of her safety. She is not in a contract any longer and wishes to move but he is now saying she owes him the rent that she didn't pay when she wasn't staying there!
No one is prepared to help her and I feel that she is being taken for a ride as she is limited in her options.

Can anyone provide me with information on what legal duties and responsibilities the landlord and the letting agents have in regards to the flooding and repairs? All her tenancy agreement contains is her obligations, and details of the state of the house before she moved in.

Thanks in advance

CloudCuckooLand

Get her to the council Environmental health dept, asap. Will luck they will put the LL right on his responsibilities.

He should not only not be charging rent, he should be paying for her alternative accommodation while the property is put right. In my opnion.

Is her deposit protected? Serve them notice and get ready to leave, also, may be necessary.

Although her benefit situation may limit her options.

flora48

Proper drying out takes a long time.

Ilovepurple

I am aware that drying out will take a long time. that is not her concern, her concern is the mould that the landlord seems to think can be solved by painting over (?!?!).
Cloudcuckoo I believe her deposit is protected so does this mean he cant take it for rent arrears if she were to leave the property?
The environmental health are making a visit tomorrow, however it is only one person for the area she is and when having heating problems last year he came out and was extremely unhelpful. She is worried that no one will take her concerns seriously and as you stated she is limited in her options because she is not working at the minute and has no way of saving for another deposit. Does anyone know of any websites that have details of landlord duties and tenant rights. I cant seem to find much when I look.

Brb

Does she have contents insurance ? I only ask as they may well pay for another property, my insurance did when my privately rented house flooded.

First thing in the morning get said friend up the council and ask for the environmental health officer. This house needs more than drying out. It needs breaking back to bare bones. My flood specialist team told me to ignore the LA that said to turn heating on full blast and open windows as that would have encouraged mould throughout the entire house and it sounds like this is what has happened here.

Yes LL has obligations, waiting around for him though is not an option, that poor lad! The EHO will be able to force the LLs hand. In severe (and it sounds severe) they may look to rehouse your friend and her son as house is unfit for habitation!

Brb

Actually if you've a digital camera - take some pictures to take with you to show them immediately how dire her living conditions are!.

Ilovepurple

Hi BRB, many thanks for your post. She already has taken some photos and luckily the Enviro Guy is coming tomorrow.
I'm just hoping that they solve this ASAP as in rehouse her cos she really has no where else to turn. Would involving the social services be any help? Her son is unwell after all, and I would hope they could assist her in some way?
Does anyone know where she stands on the rent? Her landlord said she didnt have to pay for when she wasnt there but is now asking for it. She does have the money in her account but does he deserve it? or should she give it back to the HB?

Brb

Hope it goes well today. Tell her to keep the monies in the bank (do not spend it!). The EHO may be able to help on that (ie tell LL to go swing for the rent) although it wouldn't be hers no, it should ultimately go back to council, obviously she can keep whatever amount she pays to make up any shortfall.

Ilovepurple

Well EHO came to see her today and as I mentioned he is the only one for her area (its a small suburban village). From what she has told me I think he is friendly with the LA or the LL as before he had even taken a look at the mould he said that he wouldnt be saying that the house was unfit for her to stay in. She reminded him that she only wants the mould assessed and he very abruptly went upstairs. He didnt bother taking a close look, rather just stood in the bedroom doorway and glanced at it. Then told her it was mould and that mould was harmless. When she told him she had had some specialist advice (we looked on a specialist website at the different types of mould) he backtracked and said some mould would be dangerous but its not his job to determine what kind her mould is. And that she would need to pay for the mould to be tested. Knowing she is on benefits I dont understand why he would think she could afford this. He stated again that he wouldnt say the house was unfit to live in, and when she pushed him for an answer on whether its safe for the landlord to paint over the mould as way of repair he wouldnt say but did say she shouldnt let her son play in the room. Good thing she is only using one room in the house to live in completely at the moment then. I have now advised her to seek a solicitor as we both know that the LA are on first name terms with the EHO and we think someone has spoke to him before he came to visit. Oddly, before he left he said to her he didnt want her thinking he was on the landlord's side???
As she is now on a rolling tenancy would you advise her to cut her losses or should she stick it out?

poppysarah

Move. Bad landlords don't deserve tenants.

N79

Ilovepurple wrote: »

Well EHO came to see her today and as I mentioned he is the only one for her area (its a small suburban village). From what she has told me I think he is friendly with the LA or the LL as before he had even taken a look at the mould he said that he wouldnt be saying that the house was unfit for her to stay in. She reminded him that she only wants the mould assessed and he very abruptly went upstairs. He didnt bother taking a close look, rather just stood in the bedroom doorway and glanced at it. Then told her it was mould and that mould was harmless. When she told him she had had some specialist advice (we looked on a specialist website at the different types of mould) he backtracked and said some mould would be dangerous but its not his job to determine what kind her mould is. And that she would need to pay for the mould to be tested. Knowing she is on benefits I dont understand why he would think she could afford this. He stated again that he wouldnt say the house was unfit to live in, and when she pushed him for an answer on whether its safe for the landlord to paint over the mould as way of repair he wouldnt say but did say she shouldnt let her son play in the room. Good thing she is only using one room in the house to live in completely at the moment then. I have now advised her to seek a solicitor as we both know that the LA are on first name terms with the EHO and we think someone has spoke to him before he came to visit. Oddly, before he left he said to her he didnt want her thinking he was on the landlord's side???
As she is now on a rolling tenancy would you advise her to cut her losses or should she stick it out?

That is a very serious allegation. I would not allow your friend to make it casually within your local area unless they genuinely believe it to be true. If you friend does genuinely believe it to be true then your friend MUST go to the police.

If she doesn't genuinely believe in this allegation then presumably there is nothing uninhabitable about the house or the LL's proposed course of action. An EHO report stating that the house is habitable will obviously make it easy for the LL to persue your friend for any unpaid rent etc.

Either way, clearly this tenancy should end as soon as possible as the LL / T relationship has obviously broken down when the T is accusing their LL of corruption and bribery.