Help! Renting Contract

Baby_J_2

Hi all,

My fiance and I signed a new contract with our Landlord on the 10/02 havng lived here for a year. Since signing the contract, there are damp patches coming up in our bedroom, there is a crack in our floor near our patio doors, which is a crack which shows a gap and also, there is a crack in the ceiling which he said he would sort last year when it appeared when we moved in but has now spread the entire length of the kitchen to the living room ( We live in a flat). We have shown him the damp and the crack in the floor and he was quite dismissal, saying the damp is condensation...but this isn't just near the window, it is spreading to behing the radiator, the wall behind our bed, behind the wardrobes, in the corner of the ceiling etc. He said he is going to get a surveyor to look at it.

Also, having just gone over our contract, I had found that the contract we have signed is for Flat 4 and we live in Flat 8. Does this make the contract null and void? It is a photocopy of Flat 4's contract and also still has their signatures at the bottom and is dated 19/11/05. He has just changed the tenants names by writing our names in and crossing their's out.

I have spoken to a midwife and doctor about the damp and both have said whether it be damp or condensation, there is a risk to my fiance's and daughter's health as he suffers from asthma and it could increase the risk that my little girl could get it.

Is there any way out of this contract? It was only resigned on 10/02/07. We would be prepared to give him 2 months notice and leave on May 1st. Our contract is until July 1st. Any ideas?

Can I also add that these flats have only be up since August 2005. So they are very new.

jaype

I can't help regarding the legal issue over the contract, but regarding the damp - we have had the same problem for the last 3 years in our rental. To his credit, the landlord has tried variuos things (double glazing - made it worse, did up ouside of building to no avail). Best thing you can do is to take photos of the damp and maybe call in the environmental health as you are right, mould spores can set off asthma (my husband had it as a child owing to living in a home with faulty damp course and my eldest boy also had a persistent cough after we moved in). Then buy a dehumidifier, as it really helps. Totally sorted out our flat. You have to have it on all the time at first,which is a bit expensive on the electric, but after a while can go to a few hours a day to keep the damp at bay. Should protect your child's health till you can find out whether to move on.

barber1982

We have bought a de humidifer as well in the meantime really helps. And also avoid drying clothes if you can in the flat. Hop you get sorted soon

bionic_banjo

Re. the damp. There are lots of reasons for damp like leaking roof or leaking rainwater apparatus - but from your description it really does sound like condensation. Houses are meant to 'breathe' believe it or not, but when we hike up the heating and close all the windows in winter this can create the condensation problem - especially in modern property which tends to have UPVC double glazing and a high occupancy rate for the size. Gas fires can give off water, plus the human body gives off water all the time which would cause the problem in your bedroom - plus have you been drying laundry in there without openeing windows? Try wiping all the condensation and mould away using a cloth and mild soap or disinfectant, then open the windows whenever you are in. Let the house breathe. Alternatively carry on using the de-humidifier. I know this isn't eco friendy with regard to heating - but its about finding the balance between fresh air and condensation. It is not down to the landlord to fix this.

With regard to the contract, your Landlord sounds a bit dippy. The contract will still hold in equity - in that you and the landlord both meant to sign the right document - but on this occasion the document turned out to be incorrect. The way the law of 'Equity' works is that it sees done 'what ought to be done'. And in this case it would probably say that when you signed up the document you did mean it to be the correct one and not the incorrect one. However whether the landlord would argue over this if it went legal is a different matter - it would probably be cheaper to let you walk away and keep your deposit than instruct a solicitor.

The thing is - if you are not happy with the accommodation and want to break the contract - the best thing is for you to go to the landlord and negotaite a way out so that you can keep your deposit or a fraction of it. If you just say that you want to walk now, he will not chase after you but he will certainly keep your deposit in lieu of the rental income he thought he would get during the term of your rental agreement.

With regard to the crack - if its massive then you have done the correct thing in notifying your landlord. But if it can be covered with carpet and is otherwise undetectable then it is argualbe whether it intereferes with your enjoyment of the property as tenants. It it doesnt interefere with the way you enjoy the property then you cannot name it as a good reason to walk away from the tenancy.

Good Luck

Baby_J_2

Hi Bionic Banjo,

Thanks for your reply, we do not dry washing in the room where there is damp, we dry it in the bathroom and there is no damp in there. Also, there are no windows in there to let any of the hot air out etc and there is no signs of the damp in there. We do have the windows in the flat open on a regualr basis and if there is any condensation on the windows in the morning, we always wipe it away. I explained this to the Landlord and he said he didn't know then.

In regards to the crack in the floor, it is next to the doors at the back of the flat (These doors do not lead anywhere, they just open up with a small safety balcony outside). The crack is covered by carpet, however, if you stand there, which we do to look out of the doors, you can actually feel it cracking more and with my daughter having just learned to crawl, we are a bit concerned about this. So really, we cannot go anywhere near the double doors without worrying about the crack. Especially with our daughter.

I have contacted CAB now and they have arranged an appointment, so we'll see how it goes. Thanks so much for your help.