Lung infection caused by non repair of damp.

[Deleted User]

martinsurrey wrote: »

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

No, he doesn't. That's not how civil law works. It's a balance of probabilities, not the criminal "beyond reasonable doubt" standard.

In this situation where he has informed the LL and the LL has taken no action, not even investigated properly, it's pretty open and shut. The LL would have to produce some evidence that the OP was negligent if he wants to make that claim, otherwise the only evidence is the OP's word and there is no reason to doubt it since normal people don't intentionally damage their own health and there is no profit in it, only restitution.

The OP has a good case here, should be easy to find someone to take it on.

martinsurrey

DELETED USER wrote:

No, he doesn't. That's not how civil law works. It's a balance of probabilities, not the criminal "beyond reasonable doubt" standard.

In this situation where he has informed the LL and the LL has taken no action, not even investigated properly, it's pretty open and shut. The LL would have to produce some evidence that the OP was negligent if he wants to make that claim, otherwise the only evidence is the OP's word and there is no reason to doubt it since normal people don't intentionally damage their own health and there is no profit in it, only restitution.

The OP has a good case here, should be easy to find someone to take it on.

LL gets a surveyor to look at the house and say that the fabric of the house is sound and the only material source of damp is from occupants living conditions (assuming that the building doesnt have a hole in the roof!) Simple.

your right, people dont intentionally damage thier heath, but people are also idiots, who dont connect the dots (NOT implying the OP is in this catagory, as I dont know all the facts).

Cold house with no windows open for ventilation plus washing = damp, but a lot of people cant see past the heating bill for opening the windows and putting the heating on, and they dont connect this to the damp they get later down the line, that is NOT the LL's fault though.

and the LL has had 6 people over to check the problem out (per the OP's first post), so I think they are pretty well covered.

edit for

and the balance of probabilities works in the LL favour too, he just has to show that on the balance of probabilities that the tenant caused the damp, and he can counter sue for the costs of sorting it out, and he might just have 6 tradesmen willing to say its not caused by the fabric of the house being deficient.

TBagpuss

you mentioned that people have come out to evaluate it - have you seen their evaluations? Was any remedial work recommended?

Have you specifically asked the landlord to have that work carried out (rather than asking for compensation)?

If there was specific work recommended which the landlord refused to undertake then you may be in a stronger position.

paddyrg

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.

Are you saying it exacerbates a pre-existing condition?