Can I claim for mould-damaged stuff from the landlord?

Mouse-Mouse

Thanks a lot guys - will write an email to the agency now and see what happens.

xsinaftersinx

It can also depend on the Landlord, we had a really good relationship with ours, we had a radiator that had a really slow leak in an upstairs bedroom that had slowly soaked the carpet under a chest of drawers in the spare room. When we noticed it was too late, we had mould all up the chest of drawers to the point of the back almost falling off. All the seasonal clothes in there were ruined as well as the set of drawers. We talked to our old landlord who said that it was an issue with a radiator that he said had always had issues (always on full unless turned off, thermostat changes had no effect etc.) and he just gave us a couple of hundred pound to replace everything after he'd completed the work.

Mouse-Mouse

I got some legal advice today and was told that I could sue the landlord "for breach of the covenant of quiet enjoyment and/or breach of s.11 Landlord and Tenant Act 1985 and/or the contractual duty to do repair and claim general and special damages for losses incurred by you".

It was also suggested that I should try and get a reduction on my rent. What would be a reasonable reduction? 10%? 20%?
My bathroom has had a bare concrete floor with a trench in the middle of it for 10 (!) months now and I am still paying my rent in full.

ognum

Mouse-Mouse wrote: »

I got some legal advice today and was told that I could sue the landlord "for breach of the covenant of quiet enjoyment and/or breach of s.11 Landlord and Tenant Act 1985 and/or the contractual duty to do repair and claim general and special damages for losses incurred by you".

It was also suggested that I should try and get a reduction on my rent. What would be a reasonable reduction? 10%? 20%?
My bathroom has had a bare concrete floor with a trench in the middle of it for 10 (!) months now and I am still paying my rent in full.

I'm a bit confused.

Who did the legal advice come from and why didn't they suggest the amount of reduction if they feel you have a legal entitlement?

Why are you still living there if it is this bad, why haven't you moved?

Do expect to be given two months notice if you don't pay your rent in full!

Aren't you moving to Scotland soon anyway?

Mouse-Mouse

ognum wrote: »

Who did the legal advice come from and why didn't they suggest the amount of reduction if they feel you have a legal entitlement?
Why are you still living there if it is this bad, why haven't you moved?
Do expect to be given two months notice if you don't pay your rent in full!
Aren't you moving to Scotland soon anyway?

We knew the dampness was a problem but we weren't living here full time - both of us work away from home a lot, that's why we did not care enough to pursue this but having checked my clothes etc it became apparent just how bad it was! And yes, we are relocating to Scotland.
The advice was free from some charity that deals with this sort of thing. I don't think I have a "legal entitlement" to rent reduction but was told I should try and negotiate with the landlord.
What I am trying to do now is negotiate a one-off payment through the agency but rather than pricing all the stuff that was ruined by mould, I am thinking to ask for a certain % off the rent for these 10 months - just don't know what would be reasonable.

ognum

Mouse-Mouse wrote: »

We knew the dampness was a problem but we weren't living here full time - both of us work away from home a lot, that's why we did not care enough to pursue this but having checked my clothes etc it became apparent just how bad it was! And yes, we are relocating to Scotland.
The advice was free from some charity that deals with this sort of thing. I don't think I have a "legal entitlement" to rent reduction but was told I should try and negotiate with the landlord.
What I am trying to do now is negotiate a one-off payment through the agency but rather than pricing all the stuff that was ruined by mould, I am thinking to ask for a certain % off the rent for these 10 months - just don't know what would be reasonable.

Your previous message say the advice you got was that you can sue the LL, presumably you wouldn't do that unless there was a legal precedent.

Did your LL know you were not living there full time and does your rental agreement say how long you can leave the property empty.

You cannot hold the LL responsible for something you'd is not care enough to peruse' previously.

If you are looking for compensation you need to consider very carefully the words you use. I am afraid if I was your LL I would not give you compensation for something you couldn't be bothered to care about earlier.

Mouse-Mouse

Just got a reply from my landlord - he's agreed to pay backdated 5% rent reduction for the last 10 month (£400) with a reduction going further until the issue is resolved. Quite chuffed really - this should cover all the dry cleaning so thank you all for the advice - especially pmlindyloo for the link!

Annie1960

Good result, so all LLs are not bad.