Health problems because of mould in flat - can we end tenancy?

student1991

I am renting a flat through my university and my tenancy ends next June. There is definitely a damp problem in the flat, caused by the fact that we are not allowed to have a bathroom fan because we live in a World Heritage site, but also water is dripping into the fireplace whenever it is raining.

We have of course discussed the issues with our landlord, and he says that nothing can be done about the bathroom fan and the fireplace should not be a problem unless it gets worse. We were advised to open the windows every now and then and to keep the flat warm. We follow these recommendations and we have put damp absorbers in every room, so we cannot be blamed.

The reason I am so concerned about this is that the problem is affecting our health. We suffer from itchiness and cold-like symptoms and on rainy days even breathing difficulties. My boyfriend also gets headaches. We have not had these symptoms in the past and while on holiday they disappeared.

We have told our landlord about the health issues twice. The first time he first agreed for a damp reading to be taken, but then said we had to show black mould first. The second time we attached photos of black mould on a wall panel to the email and he replied that he would get someone to have a look at it in the beginning of the following week. This did not happen.

Now we really want to get out of this flat and rent another one through another letting agency. We are allowed to leave before the tenancy ends, but then it is our responsibility to find a new tenant. I would not be happy encouraging anyone to live in this flat because of its problems, and also it might be difficult finding a new tenant during the academic year since the tenant must be a student. We could probably not afford more than one month of double rent, and therefore this might actually mean that we are forced to stay.

Is there any way we can actually leave without finding a new tenant? Thanks for any replies!

princeofpounds

No, you can't break the contract except by mutual agreement.

However, you can ask for an environmental health inspection, which will cover damp and can issue repairing orders (though what they would order in this case I don't know). Will probably annoy the landlord, although from the luxury of distance I am sufficiently crusading that I would do it anyway.

If you live where I think you might live, make sure you go watch some rugby at the Rec on weekends; fresh air and gets you out of the house ;-)

Another thing to help yourself is to run a dehumidifier. There is a small cost involved but could help your reporatory health and that's priceless.

Ivana_Tinkle

Do you have a carbon monoxide detector? Headaches that go away when you're not in the flat would be a warning sign to me!

student1991

princeofpounds wrote: »

No, you can't break the contract except by mutual agreement.

However, you can ask for an environmental health inspection, which will cover damp and can issue repairing orders (though what they would order in this case I don't know). Will probably annoy the landlord, although from the luxury of distance I am sufficiently crusading that I would do it anyway.

If you live where I think you might live, make sure you go watch some rugby at the Rec on weekends; fresh air and gets you out of the house ;-)

Another thing to help yourself is to run a dehumidifier. There is a small cost involved but could help your reporatory health and that's priceless.

Thanks for your reply!

Can we ask for an environmental health inspection without contacting the landlord first? We are not planning to take this to court, but we really want to get out of here.

We did run a dehumidifier after there had been a leak from upstairs, but I did not experience an improvement during that time. We do try to get out of the flat as much as possible, especially on rainy days, but I am sick of paying so much for a flat I have to stay out of.

Does anyone know from experience if landlords are usually okay with us leaving in a situation like this? It should be easier for the landlord and the owners really, since I suspect the repairs needed will be extensive.

student1991

Ivana_Tinkle wrote: »

Do you have a carbon monoxide detector? Headaches that go away when you're not in the flat would be a warning sign to me!

Yes, and it has been tested quite recently, so that is not the problem, but thank you!

pmlindyloo

student1991 wrote: »

I am renting a flat through my university and my tenancy ends next June. There is definitely a damp problem in the flat, caused by the fact that we are not allowed to have a bathroom fan because we live in a World Heritage site, but also water is dripping into the fireplace whenever it is raining.

We have of course discussed the issues with our landlord, and he says that nothing can be done about the bathroom fan and the fireplace should not be a problem unless it gets worse. We were advised to open the windows every now and then and to keep the flat warm. We follow these recommendations and we have put damp absorbers in every room, so we cannot be blamed.

The reason I am so concerned about this is that the problem is affecting our health. We suffer from itchiness and cold-like symptoms and on rainy days even breathing difficulties. My boyfriend also gets headaches. We have not had these symptoms in the past and while on holiday they disappeared.

We have told our landlord about the health issues twice. The first time he first agreed for a damp reading to be taken, but then said we had to show black mould first. The second time we attached photos of black mould on a wall panel to the email and he replied that he would get someone to have a look at it in the beginning of the following week. This did not happen.

Now we really want to get out of this flat and rent another one through another letting agency. We are allowed to leave before the tenancy ends, but then it is our responsibility to find a new tenant. I would not be happy encouraging anyone to live in this flat because of its problems, and also it might be difficult finding a new tenant during the academic year since the tenant must be a student. We could probably not afford more than one month of double rent, and therefore this might actually mean that we are forced to stay.

Is there any way we can actually leave without finding a new tenant? Thanks for any replies!

When you say that you have discussed these issues with the landlord have you put all your concerns in writing?

It is always good to have a paper trail when you are involving outside agencies (environmental health.)

You need to involve your university since your letting is through them. There should be a named person to help you follow the correct procedure to get your landlord to do repairs and fix problems.

It is always best in these situations to get some professional help.

Since you say that you have to have a student to replace you then I agree that this might be difficult.

So you have to stay until the end of the contract. Because of this and your feeling that the state of the accommodation is affecting your health you will have to be very proactive in getting the LL to sort things out.

If you haven't already done so write that letter, giving details of the problem, dates when you contacted LL, failure to carry out repairs as promised and 7 days to reply before you contact Environmental Health (which is your legal right)

The worse that can happen is the LL can get stroppy and agree for you to 'surrender' the property. (which would be a good result!)

Come back if you need any further help.

student1991

pmlindyloo wrote: »

When you say that you have discussed these issues with the landlord have you put all your concerns in writing?

It is always good to have a paper trail when you are involving outside agencies (environmental health.)

You need to involve your university since your letting is through them. There should be a named person to help you follow the correct procedure to get your landlord to do repairs and fix problems.

It is always best in these situations to get some professional help.

Since you say that you have to have a student to replace you then I agree that this might be difficult.

So you have to stay until the end of the contract. Because of this and your feeling that the state of the accommodation is affecting your health you will have to be very proactive in getting the LL to sort things out.

If you haven't already done so write that letter, giving details of the problem, dates when you contacted LL, failure to carry out repairs as promised and 7 days to reply before you contact Environmental Health (which is your legal right)

The worse that can happen is the LL can get stroppy and agree for you to 'surrender' the property. (which would be a good result!)

Come back if you need any further help.

Thanks for your reply!

Yes, I have sent him emails, so I can prove what I said and when. The thing is that he keeps saying he will be in touch, but then just leaves it, so he has not actually refused to do anything.

If I would contact my university I would be referred to my LL since he is employed by them and in charge of this flat.

Would it help if I got a doctor's note saying it is dangerous for me to stay in this flat? I have developed asthma problems because of living here, so perhaps I can get the doctor to say my problems may get worse if we have to stay until June.

dancingfairy

I'm not being funny but you seem to be ignoring the suggestions/help you have been given.
NO you can't just leave.
You need to contact environmental health. I doubt a doctors note will help but ask environmental health.
It would also have helped if you had asked the uni. I know you said they would refer you to your landlord but at least you would have made them aware of the problems and perhaps stop putting him on the approved list. As it is, it is probably better to go the environmental health route and just keep the uni informed of things.
You can enforce repairs to a certain extent (see the guide on the Shelter website) but you would need to get a damp specialist in and would need to make sure you were doing the right works, and with it being in a conservation area it could get quite complicated. This is why I think environmental health is your best bet.
You have been compiling as much evidence as possible haven't you? Have you got a cheap damp meter and doing readings? This could add to your case.
df

student1991

dancingfairy wrote: »

I'm not being funny but you seem to be ignoring the suggestions/help you have been given.
NO you can't just leave.
You need to contact environmental health. I doubt a doctors note will help but ask environmental health.
It would also have helped if you had asked the uni. I know you said they would refer you to your landlord but at least you would have made them aware of the problems and perhaps stop putting him on the approved list. As it is, it is probably better to go the environmental health route and just keep the uni informed of things.
You can enforce repairs to a certain extent (see the guide on the Shelter website) but you would need to get a damp specialist in and would need to make sure you were doing the right works, and with it being in a conservation area it could get quite complicated. This is why I think environmental health is your best bet.
You have been compiling as much evidence as possible haven't you? Have you got a cheap damp meter and doing readings? This could add to your case.
df

I am listening and I will contact environmental health, but I want to know how many chances I have to give my LL before I do so. I know I can't just leave and that is not what I am asking about, but I am wondering if there is a chance we might be given the permission to leave by the university if we prove the extent of the problems in the flat.

We have pictures of the mould and spirometer readings showing how being in the flat affects me. We do not yet have a damp meter since our LL has promised us a reading twice, but I will go out and get one as soon as possible for sure.

Thanks for your reply!

dancingfairy

Well the university could potentially intervene on your behalf (it's not good for students health and potentially grades to be suffering is it?). It depends on the precise nature of the relationship with the landlord. Are they receiving any money in this relationship?
Also they are unlikely to have any legal power to get you out of the relationship as unless there is some peculiar setup then ultimately your contract is between you and your landlord
As you have lots of contact between you and the landlord about the problem I would probably not wait and give the landlord another chance but get straight on to environmental health. I would also potentially consider a newspaper - student or otherwise, even if you only highlight what conditions SOME students have to live in and don't name name or anything. If other students know their rights then perhaps they will ask more quetions/push more strongly for action.
By the way your situation sounds truly horrible.
If things really don't improve then you could just surrender the tenancy anyway and move out. Yes you run the risk of having your deposit taken and the landlord possibly taking you to court, but obviously this depends on how likely your landlord is to do this, and whether you just want to get out at all costs.
Hopefully EH will declare the house uninhaitable which will mean hopefully the landlord either releases you or finds alternative accomodation. I would also have a look on the Shelter website as it's meant to be quite helpful.
df

student1991

dancingfairy wrote: »

Well the university could potentially intervene on your behalf (it's not good for students health and potentially grades to be suffering is it?). It depends on the precise nature of the relationship with the landlord. Are they receiving any money in this relationship?
Also they are unlikely to have any legal power to get you out of the relationship as unless there is some peculiar setup then ultimately your contract is between you and your landlord
As you have lots of contact between you and the landlord about the problem I would probably not wait and give the landlord another chance but get straight on to environmental health. I would also potentially consider a newspaper - student or otherwise, even if you only highlight what conditions SOME students have to live in and don't name name or anything. If other students know their rights then perhaps they will ask more quetions/push more strongly for action.
By the way your situation sounds truly horrible.
If things really don't improve then you could just surrender the tenancy anyway and move out. Yes you run the risk of having your deposit taken and the landlord possibly taking you to court, but obviously this depends on how likely your landlord is to do this, and whether you just want to get out at all costs.
Hopefully EH will declare the house uninhaitable which will mean hopefully the landlord either releases you or finds alternative accomodation. I would also have a look on the Shelter website as it's meant to be quite helpful.
df

As my LL is employed by the university's accommodation services he pretty much IS the university in this case. My contract is not between me and my LL, but between me and accommodation services.

At the moment, my problem is mainly that I can't actually prove that he is ignoring me. He might be very busy or be struggling to find someone who can take a damp reading for all I know.

Simply walking out will never be an option since I have to pay rent until June whether I live here or not (unless I find a new tenant, but I don't want more people to get ill).

I will have a look at the Shelter website. Thank you!