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Legal Action Against Landlord - Disrepair causing heath issues
cookie-ned
Posts: 7 Forumite
Hi all,
I rent a 2 bed ground floor flat that is a converted house. I am on a periodic tenancy with a protected deposit.
I have had an issue with the gutter causing rain water to leak into the flat,which in turn has caused a lot of black mould to grow on the wall and ceiling in the bathroom.The letting agent admitted in an email that this was a known problem but the landlord cant fix it. The only ventilation in the bathroom is an extractor fan. In the bathroom, there is also rising damp (currently,the tidal mark is about 10 inches up the wall),with the rising damp also being present in the hallway (causing the wallpaper to peel off and there is a lot of black mould underneath the wallpaper) and this wall is backing on to my bedroom.
Condensation is an issue due to having single pane windows but I either have the windows open or the dehumidifier on to help this. The landlord and letting agent have been aware of these issues since I moved in and repairs are promised but never happen. My most recent inspection was about a month ago and I was promised someone would look at this. I emailed dates and times I am free as I have a lot of leave to use up but I haven't heard anything despite repeated emails.
Cue yesterday, and I woke up feeling rubbish and exhausted (happens a lot) and I have an asthma attack. Two paramedics and a doctor attend,who comment on how cold the flat is (even though the heating had been on) and the smell of damp. I have been diagnosed with bronchitis and I am now back on inhalers after five years of not needing them,I am off work and the doctor said I need to move out immediately but I have nowhere to go. I am seeking a new home and I am actively looking
my doctor said I should take legal action against the letting agent and landlord due to the affect on my health and the unknown affect it may have in the future. How do I go about this? Many thanks
I rent a 2 bed ground floor flat that is a converted house. I am on a periodic tenancy with a protected deposit.
I have had an issue with the gutter causing rain water to leak into the flat,which in turn has caused a lot of black mould to grow on the wall and ceiling in the bathroom.The letting agent admitted in an email that this was a known problem but the landlord cant fix it. The only ventilation in the bathroom is an extractor fan. In the bathroom, there is also rising damp (currently,the tidal mark is about 10 inches up the wall),with the rising damp also being present in the hallway (causing the wallpaper to peel off and there is a lot of black mould underneath the wallpaper) and this wall is backing on to my bedroom.
Condensation is an issue due to having single pane windows but I either have the windows open or the dehumidifier on to help this. The landlord and letting agent have been aware of these issues since I moved in and repairs are promised but never happen. My most recent inspection was about a month ago and I was promised someone would look at this. I emailed dates and times I am free as I have a lot of leave to use up but I haven't heard anything despite repeated emails.
Cue yesterday, and I woke up feeling rubbish and exhausted (happens a lot) and I have an asthma attack. Two paramedics and a doctor attend,who comment on how cold the flat is (even though the heating had been on) and the smell of damp. I have been diagnosed with bronchitis and I am now back on inhalers after five years of not needing them,I am off work and the doctor said I need to move out immediately but I have nowhere to go. I am seeking a new home and I am actively looking
my doctor said I should take legal action against the letting agent and landlord due to the affect on my health and the unknown affect it may have in the future. How do I go about this? Many thanks
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Comments
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Legal action could take a while. I would have thought it would be more urgent to find somewhere else to live.0
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I am looking,I said in my post that I am actively looking...0
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Would it be worth asking the letting agent/landlord to get a dehumifier short term? or if no quick result then buy one yourself - maybe look for a second hand one
I think you need to prioritise the immediate health issues as legal action will take time (years probably).
I would be trying to (nicely) persuade the agent that it's in their interests to help find you somewhere else (the bill is mounting up) although be careful how you expresss yourself as being charming tends to get better results than any implication of a threat.0 -
Legal action could take a while. I would have thought it would be more urgent to find somewhere else to live.
Agreed.
cookie-ned
Problem you would have starting legal action against LL/LA, they would give you a s21 notice in return....Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....0 -
Ive got a dehumidifier as mentioned above, it is used daily. I am looking for a new home but this will take time due to referencing, checks,etc. sorry if I didnt make it clear, my main focus is of course on finding a new home and returning to health. Im looking at taking legal action once Ive secured a new property.0
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cookie-ned wrote: »Im looking at taking legal action once Ive secured a new property.
How do you intend to quantify the cost of ill health when you do start legal action? Sounds like a very difficult thing to do to me.0 -
cookie-ned wrote: »my doctor said I should take legal action against the letting agent and landlord due to the affect on my health and the unknown affect it may have in the future. How do I go about this? Many thanks
Unfortunately doctors aren't experts in tenancy laws. How long have you been on a periodic tenancy?It's someone else's fault.0 -
Take legal action for what once you've moved out?
Your LL has a legal obligation to ensure that the property is fit for habitation and if it isn't then this is something that needs to be sorted out whilst you are a tenant i.e. whilst you have a contract with the LL.
See Shelter's guide to reporting repairs and what to do if your LL won't do anything about them.
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/reporting_repairs_to_a_landlord0 -
Find a local solicitors that offer a free initial consultation.
If you have documentation of all your reports and their responses you might find someone willing to take it on.Changing the world, one sarcastic comment at a time.0 -
Get in touch with Environmental Health ASAP.If you've have not made a mistake, you've made nothing0
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