compensation

judgenjury

Hi, I posted on here a while back about my damp and mould issues in my rented house. We are going to be moving out on the 24th of jan, but as the problem is so bad it has damaged my soft furnishings (beds, bedding, curtains, sofa) and also damaged alot of our clothes, but most of all it has damaged our health. My wife is 7 months pregnant and we have 2 small boys and we are all suffering with our chests, my wife has been put on a inhaler and i have been referred to a breathing specialist at the hospital. I am wanting to know if I can and what route to take on claiming compensation? I rent through a letting agent so is it them that's responsible or the person who owns the house? also what are your views on what chances iv got and what sort of pay out I would be looking at

thanks

G_M

You sue the person you have a contract with - the landlord. Use the address on the tenancy agreement for "the serving of notices".

You will need hard proof that the damage, both to belongings and health, is directly attributable to the damp, AND that the damp was caused by structural issues with the property (as opposed to your own negligence in ventilating the property etc).

Neither of these will be easy to prove- I hope you have an Environmental report or independent surveyor's report (as you have chosen to start a new thread rather than continue the old one I don't know the background).

Payout? IF you win, you can claim your financial losses eg
* replacement of belongings damaged beyond repair
* medical fees
* loss of salary from time off work

dimbo61

Have you informed the Letting Agents and Landlord in writing with 2 copies of the letter sent from 2 different post offices with proof of posting ? Of the damp problems !
Have you called the council environmental health office and had them out to the property ?
They can issue the LL with an order to sort the problem and cure the damp.
Lifestyle ! Drying clothes on radiators? Do you have a tumble dryer ?

G_M

dimbo61 wrote: »

Have you informed the Letting Agents and Landlord in writing with 2 copies of the letter sent from 2 different post offices with proof of posting ? Of the damp problems !
Have you called the council environmental health office and had them out to the property ?
They can issue the LL with an order to sort the problem and cure the damp.
Lifestyle ! Drying clothes on radiators? Do you have a tumble dryer ?

This is why starting a 2nd thread on same issue is such a pain - poor dimbo is covering ground already covered....

:wall:

Yeah - I know. It's Christmas - should be more understanding.....

judgenjury

G_M wrote: »

You sue the person you have a contract with - the landlord. Use the address on the tenancy agreement for "the serving of notices".

You will need hard proof that the damage, both to belongings and health, is directly attributable to the damp, AND that the damp was caused by structural issues with the property (as opposed to your own negligence in ventilating the property etc).

Neither of these will be easy to prove- I hope you have an Environmental report or independent surveyor's report (as you have chosen to start a new thread rather than continue the old one I don't know the background).

Payout? IF you win, you can claim your financial losses eg
* replacement of belongings damaged beyond repair
* medical fees
* loss of salary from time off work[/QUOT

The owner of my house lives abroad and for his address on the letting agreement it just says C/O then the address of the agent.

As for proof the environmental health are involved and the house has been issued with 3 cat 1 hazards, and all letters have been handed into our local lettings office with all letters photocopied signed and dated so we both have a copy and proof.

judgenjury

dimbo61 wrote: »

Have you informed the Letting Agents and Landlord in writing with 2 copies of the letter sent from 2 different post offices with proof of posting ? Of the damp problems !
Have you called the council environmental health office and had them out to the property ?
They can issue the LL with an order to sort the problem and cure the damp.
Lifestyle ! Drying clothes on radiators? Do you have a tumble dryer ?

They have issued him with 3 cat 1 hazards but the lady from the environmental health has said that there is approx 6 months work and it is down to problems with the house and not our lifestyle. When the LL was told about the problems he has been dragging his heels to get any work done while we have still been paying full rent and have been issued with a section 21!

G_M

As I said above, this is going over old ground covered in your other thread.

However

* a landlord is always free to serve a S21 (assuming he does so in compliance with the Housing Act)

* as for your specific Qs, seemy post above.

dimbo61

This is why s*** landlords get away with renting out sub standard properties.
As soon as a tenant gets the council and EH involved they serve an S21 and kick the tenant out.
Quick repaint and let out to the next poor victims.
The council is cutting staff and busy refusing good landlords planning permission to improve housing stock ( I know been there )
Even going to court and suing Landlord is very difficult as
1 'LL is living abroad ?
2 Solicitors can and do delay court proceedings as long as possible for 'LL
3 Poor punishment when found guilty ie small fine

pmlindyloo

Some useful information here:


http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/compensation_for_disrepair