does he owe me ,how do i claim ??

olavbear

Hi

I writing as i would like some advice regarding my land lord , ive been living in this particular property , for just over a year and paying 550 p/m for a luxuary flat

On the 28th november i notice some damp in my bedroom on the wall , i reported this to the agency, but nothing was done , a few weeks later i had noticed that the damp was coming up from the floor and had soaked my carpet in the built in wardrobe (the wardrobe is next to the damp wall) and due to this my items that were stored in the wardrobe have been damaged.

I also reported this to the mangement agency on the 3rd of december , the agency sent somone out to have a look on the 5th of december, and they had discoverd that there was a leak in the roof , so when it rains the water runs down the wall ( there is also a live plug socket on the same wall)

In the mean time due to the lack cooperation from both the land lord and the management agency , i have sent them a letter saying that until the leak gets fixed i will be witholding my rent , and detailing the damages that have been caused , i have since the 1st of december , not been occupying my bedroom and have been sleeping in the livingroom as its far to cold and damp at night in the bedroom , also when the heating is on it doesnt really make a difference.

I also i have been recently been ill (with flu and chest infections) and have taken quite along time to recover, also there is quite a considerable amount of mold and mildew now forming , and in my opinion these are not healthy conditions in which to live , as our kitchen come dinning room , is now our place of sleep.

Anyway we have since spoken to our neighbours who share the same bedroom wall as myself , and they have been having similar problems,

It has been over a months now since reporting the problem to the landlord and the agency , iI have just been informed that the landlord has stated that he will NOT be fixing the wall , and nor will he be reembursing me for the items i have lost ,

He has also stated that i have made much of a meal out of the whole situation as the bedroom in his opinion is livible ,

My question would be what do i do now , as he is the landlord surley he is liable for the property , as he had advertised it as a one bedroom luxuary flat , but i have been sleping in the living room as its to cold wet and damp in the room, also whenever i do go in the room , my chest becomes aggravated .

Does he not have to reemburs me , and if he doesnt fix the problem do i have to start paying him rent, as like i said before i have withheld his rent for a month , as he has not held up his end of the contract

I hope you could help me

Astaroth

Did you post this previously about a TV or something that was damaged as it was in the bottom of the wardrobe or is this just a very similar situation?

My first port of call would be to get environmental health in to assess the condition in the room.

What sort of property is it? A block of flats? converted house(s)? if houses is the neighbour with the shared wall in the same "house" or the next door one? again, if next door one do you know which "house" roof is leaking?

Is the landlord also the freeholder of the building?

It is unlikely that you can force the landlord to actually repair the property... it is after all his property and therefore he can do what he likes with it. It will however may be possible to break the contract without penalty clauses/ notice etc (every tenancy contract I have seen has given the landlord the duty of maintaining the property).

Subject to what the Environ Health people say then speak to either the legal expenses cover under your contents insurance (if you have it) or the CAB for advice