Lung infection caused by non repair of damp.

Dave_Mc

Hello,
This is a bit of a long story but I will try to be brief.
I moved into my apartment in Dec 2012 on a 12 month contract. 4 months ago I noticed damp in the bathroom, hall and living room.
Since notifying my letting agent about the issue, I have had about 6 visits from various people to check it out. Nothing has ever been done to rectify it. The coughing I had as a result of the damp caused me constant and extreme pain as I had a surgical bar in my chest. The bar was removed 2 months ago and after returning from the hospital 4 days later I felt fine. The next day I started to cough again which caused some of my stitches to burst. I attended my local GP who treated it. 2 weeks after that I started wheezing at night as well. I went back to the doctor and was told that I had a fungal lung infection and was given antibiotics and steroids and I have checkups with my GP to evaluate the situation. It doesn't help that I am still having to stay in a damp apartment.

Since this whole thing started I have lost over a weeks wages (this is only for time off due to the damp) which has put me behind on payments so I have also incurred various charges. I have had to pay for travel to the docs and prescriptions which aren't cheap these days.
I finally managed to get the attention of the manager of the letting agent and they advised that they would allow me to exit the contract without penalty but the costs in moving is too much. £600 for bond, £240 for fees, £100 extra rent whilst I move and also removal costs.
The long and short of it is, the landlord / letting agent has been neglectful in rectifying the damp and therefore breached my right to live in a fully maintained property which has affected my health.
I notified them as soon as I saw the damp. I gave them constant updates as to my health issues and was never offered any alternative accommodation or options. I have discussed possible resolutions by way of compensation but I have just been fobbed off.

I really want to sue them. Not just to recoup my losses but to make them realize that they cannot treat people this way.

Any advice would be appreciated.

Thanks.

paddedjohn

My advice would be to move on and forget about it, life's too short. Have they got any other property's you could move to?

Guest101

Can you 100% prove that the a: act neglegently and b: that in doing so they caused you health problems.

Davesnave

Your difficulty would be in proving that the damp had a direct causal link with your health problems. No one, including your doctors, who haven't seen the property, could testify that that this was the case. Where would you go for expert opinion?

Your council's Environmental Health Dept has the power to condemn really uninhabitable property, but it's unlikely to do that in your case if this damp only came to your attention last May/June. Why wasn't it noticeable in the incredibly wet months prior to that? Why is it so bad now during one of the driest periods most of the UK has had for many a year?

'Damp' is often the result of condensation through poor ventilation, rather than rain penetration, but whatever the cause, you would obviously be better out of that accommodation before winter.

I think you are on a hiding to nothing trying to seek compensation and would be far better using your energies to relocate, especially if your landlord is willing to release you from your contract.

phill99

You will never prove it was caused by the damp in the house.

SternMusik

I sympathise with you OP. I am similarly affected by damp (bad asthma and migraines). My kitchen flooded recently and the subfloor was dripping wet with mould growing; it wasn't fun. However I would have found it extremely hard to prove that this was the cause of my symptoms.

Have you taken steps to reduce the damp as much as possible? Ventilation is important (open windows; running a dehumidifier could help too) and also heating. Is it clear where the damp is coming from? Is it from condensation, leaking pipe, an external source?

I don't think you stand much of a chance of getting compensation unfortunately. If you believe the house is uninhabitable call in environmental health; they'll do an assessment. Don't expect the landlord to be very pleased about it though. I think you should focus on getting another house (possibly with the same agent). Try to get them to waive the fees. They will not like EH coming in so maybe you have a chance of getting your fees waived. I wish you good luck.

[Deleted User]

You only need to prove that the damp had an effect "on a balance of probabilities", so 51% chance it did vs. a 49% chance it didn't and you win.

You can actually get proof fairly easily. You need to find someone to come and take samples and get them analysed. There are companies that specialize in detection of harmful substances in buildings that can do it. Their report will stand up in court.

My advice is to get some advice, but from an actual legal expert rather than an internet forum. Maybe try a no-win no-fee outfit first. Citizen's Advice might be able to help too.

martinsurrey

DELETED USER wrote:

You only need to prove that the damp had an effect "on a balance of probabilities", so 51% chance it did vs. a 49% chance it didn't and you win.

You can actually get proof fairly easily. You need to find someone to come and take samples and get them analysed. There are companies that specialize in detection of harmful substances in buildings that can do it. Their report will stand up in court.

My advice is to get some advice, but from an actual legal expert rather than an internet forum. Maybe try a no-win no-fee outfit first. Citizen's Advice might be able to help too.

and next the OP eneds to prove that the damp was casued by the land lords negligence and NOT by thier own acts,

so they need to PROVE that they had the windows open all the time, that they didnt dry laundry inside and that they kept the heating on to a level to keep the house warm.

not going to happen... the house may be prone to damp IF the tenant does, or does not, do certain things, but its not the land lords fault if the tenant doesnt do them.

again it may be due to a leaky roof, but in most cases, multi room damp in a flat is caused by the flat being too cold, under ventilated and used for drying clothes.

jacques_chirac

DELETED USER wrote:

You only need to prove that the damp had an effect "on a balance of probabilities", so 51% chance it did vs. a 49% chance it didn't and you win.

You can actually get proof fairly easily. You need to find someone to come and take samples and get them analysed. There are companies that specialize in detection of harmful substances in buildings that can do it. Their report will stand up in court.

My advice is to get some advice, but from an actual legal expert rather than an internet forum. Maybe try a no-win no-fee outfit first. Citizen's Advice might be able to help too.

Because lung infections are never caused by anything but damp?

Heliflyguy

[QUOTE=martinsurrey;63243750
so they need to PROVE that they had the windows open all the time,
[/QUOTE]

What a ridiculous suggestion, if a building is prone to damp, as many are in the UK then its best to move out ASAP.

RichardD1970

DELETED USER wrote:

My advice is to get some advice, but from an actual legal expert rather than an internet forum. Maybe try a no-win no-fee outfit first. Citizen's Advice might be able to help too.

Do those two phrases actually go together?