Black Mould

ollyver27

Hi,

Another fun problem with a letting agency...

I reported a leak in my bathroom in mid November 2014. Numerous contractors have been round, and finally the leak was sourced (early January). Damage to the bathroom actually came from the contractors, including a hole in the wall (due to damp plasterboard) whilst they were inspecting. The whole bathroom is a complete mess (although functional), and is covered in black mould. (N.B. this is from previous tenants, and also poor sealant that was reported by us as soon as we moved in. We do all the 'good tenant' things to ventilate the room after a shower!)

Once more, the damp spread to our bedroom next door, with mould on the walls, due to the leak going on for so long.

I have read this article: http://www.letlink.co.uk/index.php?option=com_content&view=article&id=398%3Adisrepair-the-rights-and-duties-of-landlords-and-tenants&catid=19%3Adisrepair&Itemid=53

My question is, as it has been going on for so long, does this impact on my quiet enjoyment of the property; cause health issues (black mould!); distress; and inconvenience?

I've been patient so far, but I'm getting a bit sick of how long this is taking. What is usually defined as a fair period for a landlord/letting agent to carry out repairs? To be fair to the letting agent, they seem to be trying to sort it out, but I'm just thinking now that they are taking me for a ride with excuses. And I also understand it's not an emergency as such (broken boiler, etc.) but it's been going on for a while now.

It really annoys me that I am paying full price for a flat that is not currently worth it's full price. It's central city location and a nice apartment complex. I chose a nice flat because I wanted to live in a nice flat. And none of these problems were apparent when signing the lease. If I purchased any kind of other service that was incomplete, I would expect a reduction, or a return. Why is this not the case with letting?

Pixie5740

What would you have done as a home owner and how long would it take? That's the rule of thumb I use.


You reported the leak in mid-November and it sounds like the LL/LA started trying to sort the leak in a timely manner. Have you reported the mould to the LA yet? I usually just bleach mould and ventilate it on the rare occasion I've had it in my home.


Ventilating the bathroom after having a shower isn't a "good tenant" thing to do it just what you're supposed to do whether you're a tenant, an owner-occupier, or a guest in someone's home.

Kynthia

If you have a decent relationship with the landlord and you've put up with months of disruption and a property at a lower standard than when you initially rented it (through no fault of your own) then it might be worth writing and asking for a reduction in rent. This would be a gesture of goodwill so politely explain the above.

Quiet enjoyment is your right to live how you wish and enjoy the property without interference from the landlord or their agent/representatives. I don't think repairing the property counts as interference. It is disruptive but that's not the same thing and the landlord has the right to inspect the property and the responsibility to maintain and repair it.

If the property was uninhabitable you could argue the contract was 'frustrated' and try to have the tenancy ended. However it doesn't sound like they is the case.

dancingfairy

I would write a letter to the landlord (yes the landlord not the letting agents) and be very friendly but ask when you can expect things to be fixed. Send photos and just say you understand it's difficult and he's doing his best but that you are worried about your health and further damage to the property due to mould.
Hopefully if he is a decent landlord he will respond. If not, at least you will have begun a paper trail should you need it later.
You can of course go to your environmental health department at the council and ask them to inspect/enforce works but obviously this will not do anything to help relations between you and your landlord. For this reason, assuming you want to stay and maintain a good relationship with your landlord I'd go for the nice approach first.
df
p.S you don't have any recourse to compensation from what I know. Your only option t o break the contract is to get environmental health to rule the house unfit for human habitation before the contract is deemed frustrated, or if the landlord feels you will be a pain and you want to leave then agree a mutual surrender with the landlord.

LunaNytshade

I had a similar problem with mould in my bedroom a few ago. At the time I had to move everything downstairs to one of the communal areas as it was just spreading to everything and I'd developed a pretty bad cough as a result.

The letting agent gave us a dehumidifier which helped a lot - perhaps you could ask either the LA or the LL to provide one and point out that it would help to prevent further spread and damage to the property.

Scrub with water/bleach in the meanwhile. Water/teatree oil on fabrics and woods. Hope this helps.

Thrugelmir

ollyver27 wrote: »

We do all the 'good tenant' things to ventilate the room after a shower!)

Venting a room properly is actually common sense. Takes longer than you may think. Also don't let the damp air inside the property. As will merely get trapped elsewhere. No harm in wiping down with a suitable solution either.

penguingirl

I would recommend Dettol mould and mildew remover. We have had bits of mould around our bedroom window (it is a box window that attracts condensation) and also our conservatory was in a terrible state when we moved in. The Dettol stuff is very strong, so make sure you have the window open and wear rubber gloves. You will see how strong it is by how much it discolours the gloves and sponge! But it does work. It says not to use it on paint, but I have used a little bit of it on the paint by our window and no harm was done. It is white paint though, so probably more forgiving than a coloured paint so make sure you test it before you try it.

Obviously you need to sort out the source of the damp/ mould but it might help in the interim

ollyver27

I do think I'm right in defining a 'good tenant' as someone who treats the property with respect as if it were their own, and pays the rent on time. Conversely, I'd define a bad tenant who doesn't treat the property with respect, and doesn't pay the rent on-time/at all.

In terms of 'how long would it take me to repair my own property', I'm guessing that I would repair it as soon as I had the funds available. Because A.) It's a mess, B.) It's a damage to my health, with the black mould, C.) it's causing damage by spreading, and D.) because the next door neighbours have complained about damp walls. Also, I presume the landlord has insurance? Also, if I was the landlord, I would have probably paid for things like new sealant around the bath £35/£40) rather than being cheap and then paying the price with £100s/£1,000's worth of damage over time.

Re: asking for a reduction in rent - I completely agree with you, but then again I know the answer to this. I also know that if I kick up too much of a fuss, then they won't actually want to renew my tenancy. Although I do believe it would probably be abused, in cases like this, it is a shame the 'revenge eviction' bill wasn't passed in parliament recently.

Having said all this, I have treated all the mould now (I have the same dettol spray!), and have a dehumidifier. To give the LA/LL benefit of the doubt, it was probably the contractors who have caused most damage, and failed to identify the leaking pipe promptly, and then it was Christmas period.