Claim to landlord for disrepair/damages compensation

preciousillusions

Sorry to make two threads at once, but wondering if anyone has dealt with, or been successful with this process?

I am currently working with the CAB to issue my landlord with a claim for damages and some money back on rent in light of the condition of my flat. Mainly the fact that it has been damp and mouldy for around 4 of the 6 months of my tenancy. Also issues such as having no working fridge for 6 weeks nor any working lights in the front room, and handyman admitted the flat wasn't ready for me to move in at all but landlord just wanted an extra months rent (he fully well knew about the aforementioned issues). Oven was also faulty for about 4 months until it was replaced, to the point where it was burning to touch and I had to disconnect the fire alarm. Also, the fact is that landlord knew there was a big damp issue too but he just painted over all the evidence and deliberately concealed it.

My sofa is also covered in mould underneath and damp to touch , so ideally I need to replace it, but cannot afford it right now. Moving to a new property next week after the landlord eventually issued a section 21 notice with intention to sell as he cannot afford to repair the property to habitable =standards.

Here in lies the problem, if he says he has no money you can't really get blood out of a stone...but then he has managed to sell the flat (really have no clue how he managed that with it's current state, there is mould everywhere, but no idea what price it went for).

Is there any way I am likely to be successful with this? I have no idea how the CAB aims to go about it, I have a follow up appointment with them a week Tuesday and am compiling a time-line of events/report of all the issues including photo evidence. I don't know how they plan on quantifying what I am going to appeal for though, in terms of exact amount? I've also mentioned the stress that the entire process has caused me and impact on my mental health as he knows I suffer with depression and anxiety. Not sure if that's pushing it.

So yeah, does anyone have any experience of this process? I an thinking the case may be that I have to take it to the small claims court, but unsure how costly or worthwhile that would be? To be honest I don't think he'd have a leg to stand on but it's getting any response from him at all which is an issue too. He works abroad and part of the problem during this tenancy is the fact that half the time the property management team have been unable to get any response from him and it has taken days to receive any kind of basic correspondence.

Thanks in advance for any replies/advice!

preciousillusions

*bump* (sorry) anyone?

Pixie5740

I have no idea what CAB are going to do so you need to ask them. Personally I think you're on a hiding to nothing and will get diddly squat in terms of compensation. Once the tenancy over that's it more or less. You could have requested the necessary repairs, escalating the matter if necessary, whilst still living in the property. Instead you chose to move out (which I probably would have done too).

I've also read your other thread and landlords don't necessarily have to repair or replace white goods. It all depends what was said, or not said, in your tenancy agreement. All perfectly legal.

Does your contents insurance not cover the cost of replacing your sofa?

preciousillusions

Pixie5740 wrote: »

I have no idea what CAB are going to do so you need to ask them. Personally I think you're on a hiding to nothing and will get diddly squat in terms of compensation. Once the tenancy over that's it more or less. You could have requested the necessary repairs, escalating the matter if necessary, whilst still living in the property. Instead you chose to move out (which I probably would have done too).

I've also read your other thread and landlords don't necessarily have to repair or replace white goods. It all depends what was said, or not said, in your tenancy agreement. All perfectly legal.

Does your contents insurance not cover the cost of replacing your sofa?

Urm no, did you not read the thread above?

1. I did report the problems, repeatedly, numerous e-mails back and forth to the property management company. The landlord works abroad and was out of reach all the time.

2. I did not have any insurance. Regardless it is not my fault that my sofa is mouldy, it is down to my landlord not caring about the state of my flat. When packing up I also found some of my coats, handbags and shoes to be mouldy.

3. I did not chose to move out at all. My landlord decided to sell and issue me with a section 21 notice because he could not afford to repair the flat and me staying there was becoming a health hazard.

4. As I said, the landlord deliberately hid his knowledge of the damp issue from me and painted over all of the mould. I found out the extent of it after the handyman let slip. There had been a huge flood prior to me moving in which had damaged all the floors and damp proofing, which was already been compromised in the first place.

Just some examples of what I was dealing with:

http://tinypic.com/r/2rgcj7o/8
http://tinypic.com/r/mljfr8/8
http://tinypic.com/r/dyn0cj/8
http://tinypic.com/r/20psit2/8
http://tinypic.com/r/2i9kuaw/8
http://tinypic.com/r/2luylmt/8
http://tinypic.com/r/2hpj9fd/8

Thanks for your understanding attitude though! :T

Voyager2002

Compensation culture gone crazy!

The landlord provided a place for you to live, and instead of being grateful you are moving somewhere else. And to cap it all you want him to pay you for not liking it!

Pixie5740

preciousillusions wrote: »

Urm no, did you not read the thread above?

I did read your thread. Did you read mine?

preciousillusions wrote: »

1. I did report the problems, repeatedly, numerous e-mails back and forth to the property management company. The landlord works abroad and was out of reach all the time.

Did you report the repairs IN WRITING to the address for the serving of notices given in your tenancy agreement? Did you escalate the matter using the process given on Shelter's website when you realised you weren't getting anywhere with your landlord?

preciousillusions wrote: »

2. I did not have any insurance. Regardless it is not my fault that my sofa is mouldy, it is down to my landlord not caring about the state of my flat. When packing up I also found some of my coats, handbags and shoes to be mouldy.

It doesn't have to be your fault to make a claim. If the washing machine in my upstairs neighbour's flat leaked into my home and damaged my content I would make a claim on my content insurance even though it's not my fault their washing machine leaked. I hope you have contents insurance now.

preciousillusions wrote: »

3. I did not chose to move out at all. My landlord decided to sell and issue me with a section 21 notice because he could not afford to repair the flat and me staying there was becoming a health hazard.

Ok so your landlord served notice. A Section 21 does not need a reason to be served. Did you really want to remain living in the property anyway?

preciousillusions wrote: »

4. As I said, the landlord deliberately hid his knowledge of the damp issue from me and painted over all of the mould. I found out the extent of it after the handyman let slip. There had been a huge flood prior to me moving in which had damaged all the floors and damp proofing, which had already been compromised in the first place.

Just some examples of what I was dealing with:

http://tinypic.com/r/2rgcj7o/8
http://tinypic.com/r/mljfr8/8
http://tinypic.com/r/dyn0cj/8
http://tinypic.com/r/20psit2/8
http://tinypic.com/r/2i9kuaw/8
http://tinypic.com/r/2luylmt/8
http://tinypic.com/r/2hpj9fd/8

That doesn't mean to say you are due compensation though. Could you not smell the damp when you viewed the place?

preciousillusions wrote: »

Thanks for your understanding attitude though! :T

What would you rather I said? Made up some nonsense about how you are going to get thousands in compensation back from your landlord when you're not? I don't make the rules so don't direct your venom at me. I think you ought to change your name to preciousdelusions.

benjus

preciousillusions wrote: »

Is there any way I am likely to be successful with this?

Well, this was the question you asked, and Pixie gave you an honest answer.

There is a procedure for deducting money from the rent and using it to carry out essential repair work that the landlord is neglecting - but you have to follow it carefully; you can't just stop paying rent. You could have come on here for advice while you were actually suffering the problems, and someone would probably have explained what you could do about it.

It sounds like you've had a terrible time and I wish you luck, but I would be surprised if you get anything out of this.

preciousillusions

Voyager2002 wrote: »

Compensation culture gone crazy!

The landlord provided a place for you to live, and instead of being grateful you are moving somewhere else. And to cap it all you want him to pay you for not liking it!

Again. No, not at all, learn to read. I've actually had health problems from living in that place.

preciousillusions

benjus wrote: »

Well, this was the question you asked, and Pixie gave you an honest answer.

There is a procedure for deducting money from the rent and using it to carry out essential repair work that the landlord is neglecting - but you have to follow it carefully; you can't just stop paying rent. You could have come on here for advice while you were actually suffering the problems, and someone would probably have explained what you could do about it.

It sounds like you've had a terrible time and I wish you luck, but I would be surprised if you get anything out of this.

Thank you. Yes the whole process has been completely awful, It's been very hard to try and repeatedly be assertive and argue my point when I don't find that easy. & ultimately it seems from doing so It became a case of a "revenge eviction". He'd have been quite happy to leave me in there and take rent off me each month had I not raised any issues. I did ask for a reduction on my rent while there but was told no. I did seek advice from CAB towards the end of my tenancy before I was served with the section 21 and part of that was to pursue a claim for damages, I also had an environmental health report taken by the council, but at that point we did not know whether he was going to evict me or not. If he hadn't we'd have gone down the line of enforcing him to make the necessary repairs.

preciousillusions

Pixie5740 wrote: »

I did read your thread. Did you read mine?



Did you report the repairs IN WRITING to the address for the serving of notices given in your tenancy agreement? Did you escalate the matter using the process given on Shelter's website when you realised you weren't getting anywhere with your landlord?

I had a property management team that was supposed to deal with all complaints and who forwarded these on to the landlord. They actually become exasperated with him themselves as he was so unresponsive and rude. They apologised repeatedly to me for the problems but said they were never allowed to act without the LL's say so. This was my first experience renting after moving out from home & being classed as a vulnerable adult made trying to fight my case particularly difficult. I find it hard to gauge what kind of maltreatment I should just learn to accept and what is not acceptable.

Ok so your landlord served notice. A Section 21 does not need a reason to be served. Did you really want to remain living in the property anyway?

In the end no I didn't. But after paying out a lot in fees and going through a lot of stress moving in the first place I was dreading the thought of having to move on. I just hoped he would eventually make the repairs and it would all be okay.

That doesn't mean to say you are due compensation though. Could you not smell the damp when you viewed the place?

No, certainly not.

What would you rather I said? Made up some nonsense about how you are going to get thousands in compensation back from your landlord when you're not? I don't make the rules so don't direct your venom at me. I think you ought to change your name to preciousdelusions.

I'd like you to just have an ounce of compassion instead of being a condescending know-it-all who just assumed I am making a fuss when you haven't a clue what I've been through.

Innys1

Some times it's better not to respond to threads at all. Jut let the OP sort out the problem themselves.