Mould compensation?

Delta_1984

Hi All,

Unfortunately think I know where I stand with this one but thought I'd ask for your educated opinions!

I've been renting a ground floor/basement flat since November. Downstairs is the bedroom and bathroom. When we moved in the fan was broken in the bathroom and still hasn't been fixed due to a legal battle the landlord has been having with the neighbours to get access to that property. He has provided a dehumidifier (at our cost to run but equivilent to fan I guess). We run the dehumidifier whenever we're in and open all windows etc when the weather allows upstairs. The flat is quite damp we've noticed and when we turned the mattress over we found that it was really mouldy. On further investigation so were the bottom of our drawers. The mattress was about £400 and needs to be replaced as it cannot be healthy to sleep on that even though we've done our best to clean it.

We've decided to move out now as we cannot afford to replace the mattress for it to happen again. Is there anything we can do to claim compensation through his insurance etc?

To be fair he has been a good landlord but obviously isn't going to stump up for a mattress (especially as we've told him we're moving). I think my view is going to be influenced by whether he gives us our whole deposit back or not - which apart from a few picture hooks I can't see why not.

Any advice welcome, cheers all

geri1965_2

You would need to prove he has been negligent for a claim to succeed, and any liability would be limited to the value of your item at the time it was damaged, i.e. you would receive the value of your mattress second hand, not a new one.

By the sounds of it though he has done everything he can to resolve the problem, in which case I cannot see your claim succeeding.

Benji

I note what you say about your actions - running humidifier, opening doors etc, but can you identify something that is in the landlords 'responsibilities' that he is not doing that has caused this problem?

If it helps, this is the key bit of law http://www.legislation.gov.uk/ukpga/1985/70/section/11

This isn't a trick question! But have a read and see how it applies to your situation. If you are not sure if a certain bit applies, you'll probably get a good idea off the forum.

You may find this useful too: http://www.ceredigion.gov.uk/utilities/action/act_download.cfm?mediaid=5420

Delta_1984

Thanks for advice Benji - I will have a look now.

My off the cuff reply before reading would be that the fans were'nt working, and we expected them to be fixed within weeks of moving in and there wasn't adequate ventilation to the bathroom downstairs.

Benji

I think the de-humidifyer covers the fan situation - the landlord does have an obligation to provide sufficient ventilation facilities, but in the circs you describe, I think a court would agree he had taken necessary steps to prevent the fan being a problem.
Are there any drains overflowing that are making the walls damp? How is all this excess moisture getting in the property?

Delta_1984

By all accounts it's an old property with no cavity between the external wall of the basement and the inside. Mositure I assume is mainly from the shower. I think that there's just nowhere for the moisture to go but up and the temperature differentials don't help (and dehumidifier on the floor can't be as effective as fans in the ceiling).

You've confirmed what I already thought, but just wanted to see if I'd missed anything glaringly obvious - going to put it down to experience and probably won't go for a basement flat next time around! Thanks for advice you've given.