Letting Agency/Landlord Dampness battle.

exopolitics_2

Hi!

Looking for some advice on what seems to be the most stressful year of my life!

Me and expecting partner rented a flat from a letting agency back in 2011. It was a 6 month AST that quite happily rolled onto a periodic tenancy. My son was born and we were all quite happy in the new place.

Problems arose (as they do) around about April this year when I found a large patch of mould growing behind my desk in the living room. I reported it to the agency and they visited and took photos claiming we will get this sorted.

We then heard nothing for weeks, I sent an email dated the 25th April which I had no response to.

I sent another email on the 19th May which again was not responded to.

We had no contact from the letting agency during this time. I sent another email some months later on 16th July which was replied to where the agent advised he was coming out again for another inspection.

I contacted then via phone and he visited the property that month, I don't have the specific date however he took photos of the dampness again and advised he would send a specialist.

A specialist did visit the property with the landlord who stated the issue was condensation which we knew wasn't the case at all.
This issue is all stemming from my son, who has been to doctor multiple times this year with chest infections.

To make matters worse I was made redundant from my job in July and claimed housing and council tax benefit. I was back into work at the start of September so it was very short lived. At this point the mould had gotten worse and was now spreading into the bathroom. We had stated enough was enough and we were withholding rent until such times it was fixed. So for the timelime we were withholding rent due on the 28th September. This prompted them to send a plumber who came in early September who confirmed the bath overflow pipe had never been connected and any overflow of water would be seeping into the walls and floorboards.

We fed this back to the letting agent and stated although the leak had been fixed the dampness remained. We then heard nothing until the start of October when they started pursuing us for rent. We informed them they had not fixed the dampness which is why we were with holding it. They stated in an email they didnt think we had good enough cause.

We were then issued a notice to quit giving us 2 weeks to leave the property (October 31st). The notice to quit had the wrong address on it to start with.

We then found a MASSIVE patch of mould behind our headboard in the bedroom, it was about 5 foot wide by 3 foot high. It was disgusting to say the least. I was shocked that my pregnant partner and subsequently my new born slept in that room.

We decided enough was enough and we vacated the property. Since then the landlord has sent us threatening emails about passing my details to a debt collector (I used to work in debt collection so alot of what he was saying was just nonsense).

I have also found out that the agency has been calling every letting agent in my area trying to track us down.

What can I do? I feel I might have a strong legal case here but need some advice.

Thanks.

thequant

What has happened to the deposit ?

the bets way to fight these cases when you are being pursued for money, is to fight back in a similiar manner.

take out a small claims against LL, seeking compensation for the health problems that have been caused and reimbursement of the expenses that you have incurred through having to move..

you need an N1 form from the court (you can get them online), cost about £50 i think.

Kynthia

There were ways to deal with this but withholding rent was absolutely not one of them. You should have written formal letters and if no action was taken, either get environmental health involved or do the repairs yourself out of the rent money using the procedure explained on the Shelter website.

Shelter, the CAB or the council tenancy officer could have given you advice on how to handle the situation but now the LL is fully entitled to take you to small claims court for unpaid rent. Either defend a claim, but expect to have to pay a significant percentage of the rent owed or offer the LL a 'full & final' offer (in writing not email).

exopolitics_2

There was no deposit taken by the agency or the LL. I should mention we did have Environmental health out but all they could tell me is that its a repair issue and have no jurisdiction over this type of issue.

Its obviously caused alot of undue stress and what not and the health implications of mould spores are extremely concerning. I honestly do not feel they deserve the rent money for a situation they pretty much created.

rpc

Unless the house was declared to be uninhabitable, you owe the rent. You occupied the house, so the LL gets the rent. That is the contract you signed up to.

The LL is probably due all the back rent plus another month in lieu of notice. He may settle for less to avoid the hassle of court.

From what you say, you have a weak argument and if you are taken to court you will probably lose. You could have dealt with this at the time and received a lot of good advice here, but unfortunately you did not. Stopping the rent was not a way to resolve this.

exopolitics_2

I understand the contractual obligations trust me I do. However, they had an obligation as well to bring the house up to a maintainable standard. I should also point out that I am in Scotland and we have slightly different laws for this I am sure.

I have uploaded a photo to imgur but as a new user im not allowed to post links. Bare in mind a small child lives with me and exposing him to that has made me extremely angry.

imgur .com /tgwa5 <- fix the spaces and youll see the extent of the dampness in the bedroom. Would you live in a house and pay for it with that?

Fire_Fox

You don't understand contractual obligations because you are inextricably linking two largely unrelated issues. You had a roof over your head so the rent is due, this is not directly related to the landlord's repairing obligations. If you are claiming the property was uninhabitable you should have moved out at a much earlier stage. You cannot withhold the rent unless you have followed a specific reporting procedure, and the house was deemed uninhabitable by Environmental Health or they advised you to withhold rent and spend the money repairing the property.

"Can I force my landlord to carry out repairs?

If you are reasonably secure in your tenancy and don't want to move out, you may be able to force your landlord to carry out the repairs. Write to your landlord again to warn them that you will be taking further steps - you can download a sample letter or create a letter online here.

There are several courses of action open to you, and the most appropriate course of action will depend on your individual circumstances, what repairs are needed and the type of tenancy you have. If you're not sure which option to take, talk to an adviser at a Shelter advice centre or Citizens Advice. Use the Advice Services Directory to find help near you.

Applying to the private rented housing panel (PRHP)
If your home needs repairs carried out and your landlord is refusing to cooperate, your best course of action is to apply to the private rented housing panel (PRHP). The panel can order your landlord to carry out repairs make a rent relief order to reduce your rent if they don't. However, not everyone can apply to the PRHP - read the page on applying to the PRHP to find out more.

Withholding rent
If you're unable to apply to the PRHP, you could consider withholding rent until your landlord carries out the repairs. Bear in mind that this can be a risky strategy and you could run the risk of eviction if you don't follow the correct procedures, so you should always talk to an adviser at a Shelter advice centre or Citizens Advice before withholding any rent. Use the Advice Services Directory to find help near you.

Getting help from the council
If you can't apply to the PRHP and the disrepair is urgent and is affecting your health in any way (for example, if your home is damp or infested with pests) you may be able to get help from the council's environmental health department.

Doing the repairs yourself
If the repairs are fairly minor, it may be easier to carry them out yourself and take the cost from your rent. However, you must get your landlord's agreement before doing so.

Taking your landlord to court
As a last resort, you may decide to take court action against your landlord."
http://scotland.shelter.org.uk/get_advice/advice_topics/repairs_and_bad_conditions/repairs_in_private_rented_accommodation/getting_your_landlord_to_do_repairs


Three people breathing in a one bedroom is enough to create condensation damp in an area with poor air circulation (behind a bed), compounded by the rest of the property having wetter air that usual due to the leak and/ or you didn't ventilate the flat effectively (open windows daily year round or use a dehumidifier). Dettox mould and mildew remover is effective against mould, tho the issue will slowly return unless the damp is resolved.

exopolitics_2

Moving out of home as you will know is not that easy but we have done so now. We didnt want to spend another minute in that property.

I'm aware of how condensation could have created this however the property was well ventilated because of the dampness issue. We didnt want to risk making it worse than it already was.

I agree we are somewhat in the wrong as well but 7+ months to fix this issue which could have caused health issues to us and my new born son to me is inexcusable. They had plenty of notice in regards to the rent being withheld. I simply cant think of an explanation as to why it wasn't fixed?

Fire_Fox

exopolitics wrote: »

Moving out of home as you will know is not that easy but we have done so now. We didnt want to spend another minute in that property.

I'm aware of how condensation could have created this however the property was well ventilated because of the dampness issue. We didnt want to risk making it worse than it already was.

I agree we are somewhat in the wrong as well but 7+ months to fix this issue which could have caused health issues to us and my new born son to me is inexcusable. They had plenty of notice in regards to the rent being withheld. I simply cant think of an explanation as to why it wasn't fixed?

You didn't want to risk making it worse how, by ventilating or using a dehumidifier? Don't follow.

You posted to ask about your rights in a legal case so that is how we have responded, you did not post to ask what we think is fair and just. Again you are confusing two distinct issues - your obligation to pay rent and the landlord's separate obligation to keep the property in a good state of repair/ safe. There is a procedure to be followed and a number of agencies to support you in enforcing the landlords repairing obligations, by not following that procedure you have put yourself in breach of contract.

If you read around the board none of the regulars support landlords leaving properties in disrepair. Unfortunately your landlord did send out a specialist who apparently missed the leak and later a plumber so you cannot argue in court he took no action. Few of us support tenants unilaterally withholding rent not least because it can end with the tenant getting a CCJ (or your equivalent) and their credit file carrying a black mark for up to six years.

Read the Shelter Scotland website, not sure if you can counter claim for compensation given your son was ill and any damage to property if you can prove that. This is mentioned on the Shelter England guide.

jazabelle

Fire_Fox wrote: »

You didn't want to risk making it worse how, by ventilating or using a dehumidifier? Don't follow.

No, the OP is saying they did ventilate it, as didn't want to make things worse.

That mould looks awful. I do understand your desire to move out, but I wish you'd got advice first - as you're going to end up punished for it as you didn't go about it in the right way and enforce your landlord's obligations. So the LL gets away with it, and you end up with a black mark.