Withholding rent

Lol25

Hi all just looking for some advice please.

Basically we've been renting the same flat for a year now.
When we first looked at it we were told we would need a dehumidifier as the condensation in the flat turns the windows black. My parents came with me to look at it and we noticed some mould and blistering, the lady from the estate agents said "oh yeah the dehumidifier will get rid of that".

So we took it, they even gave us a dehumidifier.
Now down the line we called them about over a month ago saying the mould is getting extremely bad. I was nervous as it is a pitch black mould in the back room. We do have a tumble dryer in there, but the room is vented and we barely use the dryer if we can help it.

I told them we need someone to come in and look as it's black and I've been to the doctors about constant chest issues and I want peace of mind it's not the walls. I mean this is ALOT of mould, all over the back kitchen Walls, all up the bedroom walls (in the bedroom the mould is yellow behind White wall paper). The wall in the back kitchen has tons more blistering.

So they say ok we'll send someone out.. They send a girl out and she ends up telling me she's not there for the mould she's jus there to inspect the flat. Ok.
So I call again and say no, I need someone to look at the mould. Someone called us on the following Saturday morning and say "hi I'm near your flat can I look at the mould" and as much as I want this seen to we just had to leave and couldn't stay in for him to come look in such a tiny amount of notice.
I asked him if he could come tomorrow and he said he'd talk to his supervisor.
A week later nothing, so I call the estate agents and get told the girl dealing with our flat is on holiday. I ask if there is no one else that can just arrange for this t be looked it and I'm told no it has to be her.

I call a week later, told she's still on holiday. I call again afew days later and a woman said she'd look into it as she could not locate our file..

My husband called today and said we are going to hand in our notice and withhold the last months rent and that they can take our deposit to cover that. The said there is no way they will do that. He told them his wife has been suffering and they have made absolutely no legit effort in sorting this and they then said they'd send someone out.

We are not willing to be blamed for this mould which is what we believe they are going to try to do. We think they'll try to withhold our deposit due to this as well as demanding the last months rent.
We don't really know what to do.

They said if we did withhold that the landlord would take us to court.
We don't want to end up paying out a lot more but this is really unfair. What can we do?
Please help.
Thanks so much

Johnhowell

May be better to post in this forum:

The House Buying, Renting & Selling Board

rather than DIY...

John

Innys

You can't withhold the rent and expect the landlord to use the deposit instead because:

1) It's illegal and in breach of the contract you (presumably) signed; and
2) What does the landlord do if you withold the deposit AND trash the place before you leave? He then only has the deposit, which is probably not enough, to cover both the missing rent and the repairs.

Just pay the last month's rent and move out.

Alan_M_2

What Innys said is probably the most pertinent advice.

However, if you consider the mould is causing a health issue, a quick call to enviromental health might get you a bit of advice if nothing else.

G51shopaholic

Yellow pages for local Damp company. Some of them offer free survey. Find out what it is for the sake of your health.

Report to local Environmental Health so the next lot of tenants don't face the same issues or worse.

If it was something your agent was aware of them shame on them for putting your health at risk.

The mould could (and probably is) responsible for the chest problems.

baldelectrician

Call the local council environmental health department, and also find out if the council have a private sector rent liason officer

If you live in Scotland you will have more rights (the council can force the LL to carry out work or prevent him / her taking rent payments again)

Hintza

Here is a novel thought, open the windows!

mrtobs

Contact your local Citizens Advice bureau for clarification/advice on where you stand legally, or (possibly even better if there's one local to you) a housing advice service. CAB also do an online guide, which you might find helpful - the link for rents/tenancy agreements etc is http://www.adviceguide.org.uk/index/your_family/home_and_neighbourhood_index_ew/renting_a_home_index_ew.htm. In the end, it might be better to move out if they're not going to sort it - that mould doesn't sound good. Hope you manage to get it resolved, one way or another!

Lol25

Hintza wrote: »

Here is a novel thought, open the windows!

As it has been so hot here the past couple months the windows have been open all the time, even when we go out. During the entire winter should we do the same? We keep them open as much as possible.

Lol25

Thanks for all the advice so far, I'm going to the CAB today and also calling environmental health, since they still haven't even called us back like they said.

baldelectrician

Hi LOL

I would suggest you stop calling and email / text them only- this way you have a record of all attempts you have made to deal with the issue

ps where are you based?