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Your opinions please!

Hiya guys,

K, this one has been on my mind for a while and might stir up some mixed reactions so go easy! Well, we have been renting a property for a few years now and during our first year, had a problem with condensation mould which got so bad we had to sleep in the lounge as the bedroom ceiling was partially covered with mould, same as the bathroom and kitchen and it looked like the Grudge had taken over. We reported the mould immediately to our estate agents who also maintain the property (ha, yeah right!) Anyway, they did nothing for a whole year, simply saying I should paint over it or get a spray and clean it (despite being an extensive and recurrent problem). Finally, they were forced to fix it after I threatened to have the work carried out and invoice them the costs (a stroke of genius I regret not having earlier lol- actually it was someone's else's idea if I'm fair and they saved our asses!).

So, now the problem has been 'fixed' for a while, although it does look like it's creeping back but we should be outta here before that happens. Anyway, I was talking to our estate agents before (during this palava) when I asked him for the date we first reported the mould. He slipped up and read aloud from his notes saying 'tenant reported mould and also bathroom needed replacing'. I immediately wrote this down- he had messed up royally because he was talking about the LAST tenants who had the bathroom replaced, a full year before we moved in (he gave dates as well). So this was a pre-existing problem and they NEVER fixed it (until we finally made them a year later). Basically, it had been going on for at least 2 years which I know of, one of which we were living there for.

So basically, looking back I am maddened by the fact we were paying rent during this whole period and nothing was done when it could have been fixed so easily. We couldn't use our flat properly, didn't want to have people round and in all were generally ashamed of where we lived. I know it sounds like I'm being dramatic, but it did really affect us- imagine looking at your lovely bedroom now, with all it's pretty decorations, your nice bedsheets and whatever else now look up and imagine the ceiling is partially covered in black disgusting mould, dripping down the walls. Still feeling cosy? It really does stress you out and the whole thing was a nightmare to be honest, it's hard to remember how bad it actually was until you see a bit of the mould again and think wow what did we put up with.

Anyway, I video taped the mould and was wondering if when we did leave, if we could take them to court to get our rent back for the year we have to live in these conditions? I know it's something maybe we should have done at the time, but we couldn't have afforded to move and were too stressed and busy to take up court action. What do you guys think? It was a lot of money to live in that squalor and I am livid they kinda got away with it. I know they've fixed it now, but only after we went to significant lengths (had environmental health in and made hundreds of calls to people for advice, hours of arguing with estate agents and researching on net and not to mention the stress and damage to some of our stuff like books and fabrics).

Comment away! :D

Comments

  • taxsaver
    taxsaver Posts: 620 Forumite
    I think you'd be taking on a lot of stress and quite possibly costs with an extremely low likelihood of success. They have fixed it now, so better to put it behind you and move on, taking only the learning experience forward to ensure you better handle such things in the future. :)
    If you feel my comments are helpful then I'd love it if you 'Thanked' me! :)
  • caela_2
    caela_2 Posts: 392 Forumite
    Part of the Furniture Combo Breaker
    taxsaver wrote: »
    I think you'd be taking on a lot of stress and quite possibly costs with an extremely low likelihood of success. They have fixed it now, so better to put it behind you and move on, taking only the learning experience forward to ensure you better handle such things in the future. :)

    I do believe you may be right. Maybe my feelings of annoyance can be alleviated every now and then with an MSE rant lol because I do feel a bit better now. I would probably settle with being able to deliver them a big, firm slap but I don't really believe in violence. Annoying that. ;)
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    was wondering if when we did leave, if we could take them to court to get our rent back for the year we have to live in these conditions?
    Simple answer - no.
    Either the property was "uninhabitable" in which case you would/could not have been living there, or it was "habitable" in which case this was a repairing issue (which has been dealt with) and rent is still payable.
  • caela_2
    caela_2 Posts: 392 Forumite
    Part of the Furniture Combo Breaker
    G_M wrote: »
    Simple answer - no.
    Either the property was "uninhabitable" in which case you would/could not have been living there, or it was "habitable" in which case this was a repairing issue (which has been dealt with) and rent is still payable.

    Good point. What if the majority of the property was uninhabitable in which case could I get half the rent back? :o
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Oh dear! Clutching at straws! No, a property is either uninhabitable (not suitable to live in) or habitable (livable in). There is no middle ground.
  • caela_2
    caela_2 Posts: 392 Forumite
    Part of the Furniture Combo Breaker
    G_M wrote: »
    Oh dear! Clutching at straws! No, a property is either uninhabitable (not suitable to live in) or habitable (livable in). There is no middle ground.
    :( worth a try lol.

    The reason I'm really so annoyed at them is it doesn't seem they've learnt either. I recently contacted them about some maintenance issues, mainly re-grouting the bathroom (the grout has now turned black), replacing the blinds which fell down after they didn't fit them properly and are now broken, replacing the bathroom lino which is dented and badly stained since it is possibly the cheapest lino ever and also NOT non-slip so we keep going slipping over. Also, there was a 20 year old (no exaggeration) bathroom cabinet which had chipboard falling away from it and rusty, dirty hinges- I managed to find a gorgeous replacement for £14 (Argos has a sale- worth a look!) and suggested I could replace it myself (saving the landlord a call out fee of £40).

    I told them if they didn't get back to me in 7 days I would assume all was ok and get started- you have to give them a time limit as I've noticed before or the work will be pending indefinitely. Anyway, as per usual they didn't get back to me until two weeks after I sent my email and several phone calls at which point they pretended they did not receive the email, etc. (they did) and now a panicked property management guy replies to my email (proving he actually got it ages ago), saying don't do any work he's going to ask the landlord for approval (a bit late). I have replied to him saying it's gone ahead anyway (I have started re-fitting the cabinet since I can't wait forever) and they are trying to act like I've smashed the whole place up. I believe my written statement holds and there is no reason they couldn't have addressed my email within the week they are just plain lazy. He is trying to pretend that replacing a bathroom cabinet which is old and falling apart on the sides is not a maintenance issues, but I reminded him that seeing as the property came with it and it broke, it must be replaced and is considered maintenance. It's not like I bought a crystal chandelier out of no-where and expected them to pay for it. Plus, it's only 14 bleeping quid and I'm doing them a massive favour.

    What do you guys think- have I got a right to start replacing things in the absence of any action from them and my written clarification beforehand? We are literally talking about a few quid- in all it would be under £100 including the new curtains and new lino, where if he called a handy man out, it would be significantly more expensive. The work needs doing, in fact even the doors need replacing because they won't shut properly and the handles keep ripping our clothes but who knows it's not worth asking them about that. I will be leaving as soon as I can, but I don't want their crap coming off my inventory so I'd rather it were fixed first.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The process for tenants enforcing repairs is provided by Shelter here.

    Make sure all your initial and key communication is in writing (and keep copies). By all means chase by phone, but periodically follow up with a letter, listing all the intervening phone conversations, so there is a record.
  • caela_2
    caela_2 Posts: 392 Forumite
    Part of the Furniture Combo Breaker
    G_M wrote: »
    The process for tenants enforcing repairs is provided by Shelter here.

    Make sure all your initial and key communication is in writing (and keep copies). By all means chase by phone, but periodically follow up with a letter, listing all the intervening phone conversations, so there is a record.

    Cheers for that, that's a great site am having a look now! :T
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