Condensation problem - Claim and Court

Spikecast

Hi all.

I'm looking for some advice if possible regarding a property I rented from May 2012 last year to January this year. To cut a long story short we had issues in the property with condensation and I am looking to take the landlord to a small claims court. I have taken numerous pictures of damage to furniture and the issues we lived with, such as mould growth, damp window ledges, mould growing inside kitchen cupboards etc.

We had condensation issues from when we moved in which were unresolved by a dehumidifier, we opened windows on a regular basis and used extractor fans etc. We also had a our local council attend and carry out an inspection, they produced a report that there was evidence of condensation and that it requires further investigation by the LL as well as high damp readings to some boxing in the bathroom and two outer walls. I was forced to move due to the health of my family to avoid further damage to my property and clothing/furniture.

I would expect reasonable compensation, tried writing to the landlord but was referred to his solicitor and I am getting nowhere and they are not interested in assisting me.

I would like to take things further, via small claims court, is this a good idea? How would it work? How much compensation should I expect and what should it be based on?


Please find attached the link to the pics we took before leaving the property in Jan 2013 which show the mould/condensation issues we have lived with.

https://docs.google.com/file/d/0B3YDr4J7sN5pNm9aYTd1OW5pVGs/edit?usp=sharing


As you can appreciate this was a very stressful time for my partner and I, my 4 year old and young baby. If anyone could offer me any advice I would really appreciate it.

Many thanks,

Spikecast.

BitterAndTwisted

Proving the existence of condensation is the easy part, but when it comes to proving the cause is where your action is going to fail.

My own feeling is that you are likely to be on a hiding to nothing. Save yourself the time, anguish and the money in going ahead with this action: draw a line under it and move on.

G_M

1) what do you plan to claim? I mean in monetary terms? How much and for what?

2) Have you got evidence that will stand up in court concerning the cause of the damp?

My view is as Bitter's - you'd do better moving on. A court action will drag out, cause you ongoing stress and worry (and some expense) with an uncertain oitcome.

Yes, if you win, you may get some cash (see Q1) and doubtless a sense of satisfaction, but will that compensate the ongoing stress, and what if you lose..?

Fire_Fox

Was the dehumidifier powerful enough for the size of the property? Were you using that at the same time as opening windows? If so you will have been trying to dehumidify the entire street. Were you air drying laundry indoors? Were the extractors definitely vented outside and not simply into ceiling voids?

TBH you will struggle to prove condensation is the landlord's fault, there is generally a partial or major contribution by the tenants lifestyle.

Spikecast

G_M wrote: »

1) what do you plan to claim? I mean in monetary terms? How much and for what?

2) Have you got evidence that will stand up in court concerning the cause of the damp?

My view is as Bitter's - you'd do better moving on. A court action will drag out, cause you ongoing stress and worry (and some expense) with an uncertain oitcome.

Yes, if you win, you may get some cash (see Q1) and doubtless a sense of satisfaction, but will that compensate the ongoing stress, and what if you lose..?

Hi there, I plan to claim for two pieces of damaged furniture worth £650 due to mould growing up the back of it which will not clean off. And also some compensation for the conditions we had to live in.

I have a letter from the council who investigating saying that it requires further investigation, I had a damp specialist visit the property who advised that the windows were old and could be a cause. The council officer stated that the walls were damp in certain areas and there could be a leak but the LL would need to investigate it.

Spikecast

Fire_Fox wrote: »

Was the dehumidifier powerful enough for the size of the property? Were you using that at the same time as opening windows? If so you will have been trying to dehumidify the entire street. Were you air drying laundry indoors? Were the extractors definitely vented outside and not simply into ceiling voids?

TBH you will struggle to prove condensation is the landlord's fault, there is generally a partial or major contribution by the tenants lifestyle.

Hi,

The dehumidifier was supplied to us by the LL. No we only used it when the windows were closed, mainly during the night or when we could not open windows. We don't dry stuff inside as a rule. I'm not sure regarding venting as tbh I would think that's the LL's problem to check it.

Basically the LL did not do anything to assist us at all, we've had damage to our property and the owner was aware of the damp problem before we moved in (another long story) and yet he stood back did nothing. He claimed the previous and only tenant caused the issue, however he stated it was only in the bathroom. This is clearly not the case and surprise surprise he claims we've caused the issues.

Since moving out he has had the damp problem sorted, has put new windows in etc, things he could have done to assist us when we lived there but for whatever reason didn't bother.

Thrugelmir

Spikecast wrote: »

mainly during the night or when we could not open windows.

We always open windows at night. There's no reason why you could not have.

I plan to claim for two pieces of damaged furniture worth £650 due to mould growing up the back of it which will not clean off

Mould doesn't grow over night. Did you ever move it in order to clean the property properly. As in doing so you would have seen it.

Spikecast

Thrugelmir wrote: »

We always open windows at night. There's no reason why you could not have.



Mould doesn't grow over night. Did you ever move it in order to clean the property properly. As in doing so you would have seen it.

No offence but when it was freezing outside we obviously couldn't open them, also due to the age of the windows they did not have any latches or vents. Plus the fact that we had a newborn baby sleeping in our room.

Our wardrobe weighs a ton, proving difficult to move, we cleaned the skirting behind it but it wasn't until we moved house that noticed the mould all up the back of it.

Fire_Fox

Spikecast wrote: »

No offence but when it was freezing outside we obviously couldn't open them, also due to the age of the windows they did not have any latches or vents. Plus the fact that we had a newborn baby sleeping in our room.

Our wardrobe weighs a ton, proving difficult to move, we cleaned the skirting behind it but it wasn't until we moved house that noticed the mould all up the back of it.

Three people sleeping in one room is going to produce an awful lot of water just through breathing alone, that will cause even more problems if you also have too much furniture in the room. I open my windows most days year round even in the snow and it makes a HUGE difference to the condensation, one good blast through then close. I also noticed a HUGE difference when my ex moved out and it was just me breathing again. As I have a cat who would happily attempt to fly after the local pigeons (!), I generally ventilate half the flat, then move rooms and ventilate the other half. You could do up and downstairs separately.

Vents in windows or opening them a crack really doesn't make that much difference, it really is a proper through flow of air you need. The problem is the landlord will say he provided you with extractors and a dehumidifier, the latter is something he is not obliged to do, if you don't know if these were suitable the case is going nowhere fast.

motherofstudents

Do you still have the furniture or did you have to get rid of it ?

I think you will have difficulty proving this was the landlord's fault. Did you heat the house adequately ? It sounds like the moisture in the air has gone to the coldest wall behind your furniture and caused mould. How do you know the problem has been resolved ? Putting new windows in will not cure condensation. I wouldn't bother going to court but of course it's your choice. It would be interesting to see the outcome.

twink22

I started small claims court action against my former LL, long story short- renting the place for 8yrs, plumber came in to work on bathroom, left stop c*ck in airing cupboard dripping, not noticed until it saturated the hall carpet, ruined everything we had in there (clothes bedding, sleeping bag, duvet etc, all covered in rust from boiler and mould). LA refused to give us plumbers details (even as much as company name) LL refused to take liability, citizens advise told us action would have to be against the LL instead of the plumber as he was responsible for work carried out. Won case and claimed compo, S21 issued 1 month later as we expected, he lost out in the long run as the flat was empty for months after we left and we had been good paying tenants for 8yrs.

If you think you deserve compensation go for it but expect to get a s21 if your fixed term is up. It easy to do and doesn't cost much.