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Problem as a tenant - mushrooms

Been a tenant for 7 years in a private let. Always got on well with the landlords. The main problem we have is that it takes them so long to fix anything. I think this is due to them being on a budget so they get several quotes for every single job. They do get around to fixing/improving the state of the house, but it takes them a long time. Took two years after first promising and finally getting round to re-decorating the living room.


Anyway, the real problem is that mushrooms have started sprouting from the kitchen. Above the units and in nooks and crannies, obviously damp is getting in somehow. We've scrapped three massive mushrooms off already. Obviously this situation is not acceptable and can even be hazardous to your health I'm told.


Now they've had a few people round to have a look and I think someone is coming today to patch up the roof and clean the gutters.


My question is: I have decided that if the problem doesn't get fixed I'm going to reduce or restrict my payment of rent this time next month. Can I do this?


It's not like the bathroom is tatty or a lightbulb fixture needs changed (both of which are true as well), but mushrooms are sprouting out of the walls.


I have been told that I could contact environmental health at the council and if the spores are detected as being hazardous I could sue the landlords.


What legal stance do I have to not pay the rent (if any)?
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Comments

  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    None. And forget suing for now - you have suffered no loss or damage and so are due precisely zero.


    Report the problem in writing to the LL to cover your back, if you haven't already. You may want to take photos of the problem and especially the broken roof for your own records.


    Allow the workmen in to diagnose the issue and hopefully fix it.


    Hope that it wasn't you failing to keep the gutters clean that caused it. If the problem is something else, you want to be able to prove it.


    If the problem is not solved, you could go for an environmental health inspection. You would probably find your tenancy is terminated at the earliest possible opportunity by the LL.
  • Depends how secure you feel in your tenancy - but I am wondering whether humour might be an appropriate weapon here - ie offering to cook the landlord mushrooms on toast for lunch or the like.

    I would certainly be sending any future mushrooms that sprout to the landlord one way or another anyway - taking photos of them first (both in situ and when sitting on a table after you have removed them on the other hand).
  • benjus
    benjus Posts: 5,433 Forumite
    Part of the Furniture 1,000 Posts
    Assuming you're in England, read this: http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/tenants_repairs_and_improvements/tenants_doing_repairs

    In particular:
    You do not have the right to withhold rent if your landlord won't do repairs.

    You must follow a specific procedure if you want to do repairs without your landlord's agreement and and take the cost out of your rent. Keep copies of all correspondence and keep accurate records of what you have paid and when.
    Let's settle this like gentlemen: armed with heavy sticks
    On a rotating plate, with spikes like Flash Gordon
    And you're Peter Duncan; I gave you fair warning
  • benjus wrote: »



    I am actually in Scotland if that makes a difference.
  • None. And forget suing for now - you have suffered no loss or damage and so are due precisely zero.


    Report the problem in writing to the LL to cover your back, if you haven't already. You may want to take photos of the problem and especially the broken roof for your own records.


    Allow the workmen in to diagnose the issue and hopefully fix it.


    Hope that it wasn't you failing to keep the gutters clean that caused it. If the problem is something else, you want to be able to prove it.


    If the problem is not solved, you could go for an environmental health inspection. You would probably find your tenancy is terminated at the earliest possible opportunity by the LL.



    There obviously is damage as there are mushrooms and it isn't our responsibility to clean the gutters!
  • geoffken
    geoffken Posts: 352 Forumite
    Part of the Furniture Combo Breaker
    so you would rather risk your health than clean the gutters.
    Entitlement rules.
    Apologies if you are physically unable to clean these but I would have been onto the landlord a LOT earlier than this
  • Alter_ego
    Alter_ego Posts: 3,842 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I am actually in Scotland if that makes a difference.

    Your location says Sunderland, has it moved?
    I am not a cat (But my friend is)
  • sharp910sh
    sharp910sh Posts: 523 Forumite
    Part of the Furniture 100 Posts Name Dropper
    I would hire a contractor to sort out the problem then invoice the landlord, if he doesn't pay without hold the rent from him see what he says about that!!!!!!

    Seriously you cannot be living in a place with mushrooms growing, thats a very bad sign of damp and will be affecting your health.
  • Malibusmash
    Malibusmash Posts: 111 Forumite
    Ninth Anniversary 10 Posts
    Is it usual that the Tenant should be responsible for clearing out the gutters or does it depend, on an individual basis, what is written into the Tenancy Agreement?
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Aren't you moving soon anyway?

    https://forums.moneysavingexpert.com/discussion/5243638

    Why do you think it's the landlord's responsibility to clear the gutters? Repairing the gutters certainly but cleaning them? Do you expect your landlord to vacuum the carpets too?
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