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Claim to landlord for disrepair/damages compensation

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Comments

  • preciousillusions
    preciousillusions Posts: 543 Forumite
    edited 15 October 2015 at 6:02PM
    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?

    I apologise for my abrupt knee-jerk response to this but got defensive with you saying should have requested the repairs when I was doing so practically every day, and also that I chose to move out. I do in retrospect appreciate your honesty. I really don't expect anything from this but part of me just doesn't want him to be able to walk away scot free, part of me wants to fight and say hey that's not fair despite the fact that my automatic response in such situations is to self-blame. It was the CAB that suggested to me that I begin this process and not my own compensation-crazy (as voyager so helpfully put it) idea. But maybe it's best to just move on. I don't mean to sound overly dramatic but actually would say I feel quite traumatised by the experience.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    We can't help you. To have any chance of a case, you need to be clear as to what you are claiming for, and you have all the evidence to support it.

    So to give one example, you say your sofa is now mouldy and you want to claim for this. Do you have clear picture of your sofa BEFORE you move in? Because you will have to prove that it didn't come in the place already looking like that.

    Another example, the fridge. Is you agreement explicit that a working fridge is part of the tenancy and that it will be replaced/repaired if faulty?

    From what you are saying, I would say good luck. Even if you can prove your claims, I can't see you getting much compensation since you have now find somewhere else to go. 6 months is not really long to claim that your health has been significantly affected and that you had absolutely no choice but to stay there because you didn't have any family/friends to stay with.
  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 15 October 2015 at 6:30PM
    Renting can be a Nightmare at the best of times.
    Not meeting your Landlord ( living abroad )
    Hence dealing with a letting agents who cannot do repairs or caring as long as you pay the rent.
    Did you ask and see a Copy of the EPC ( energy performance certificate)
    The photos you posted show cold and damp in the property with mould in the bathroom ( did it have an extractor fan which worked when you turned on the bathroom light ?)
    Did the heating work ?
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    Not sure how to put this delicately - *if* you're not paying your own rent, you would need to return any reclaimed rent to the local authority. Worth thinking about before putting yourself to more stress.
  • preciousillusions
    preciousillusions Posts: 543 Forumite
    edited 15 October 2015 at 8:50PM
    tomtontom wrote: »
    Not sure how to put this delicately - *if* you're not paying your own rent, you would need to return any reclaimed rent to the local authority. Worth thinking about before putting yourself to more stress.


    Not claiming back on rent per say but more importantly my damaged property. That said you've no idea how much rent I might get help with so hold back the judgement please.
  • dimbo61 wrote: »
    Renting can be a Nightmare at the best of times.
    Not meeting your Landlord ( living abroad )
    Hence dealing with a letting agents who cannot do repairs or caring as long as you pay the rent.
    Did you ask and see a Copy of the EPC ( energy performance certificate)
    The photos you posted show cold and damp in the property with mould in the bathroom ( did it have an extractor fan which worked when you turned on the bathroom light ?)
    Did the heating work ?


    Thank you.

    No extractor fan.
    Mould was also in front room and bedroom.
    Heating worked yes but boiler kept blowing out, fuses too, and no reliable hot water.
    Environmental officer said it wasn't sufficiently insulated in the toilet room and front hall area hence worsening mould there.
  • preciousillusions
    preciousillusions Posts: 543 Forumite
    edited 15 October 2015 at 8:50PM
    FBaby wrote: »
    We can't help you. To have any chance of a case, you need to be clear as to what you are claiming for, and you have all the evidence to support it.

    So to give one example, you say your sofa is now mouldy and you want to claim for this. Do you have clear picture of your sofa BEFORE you move in? Because you will have to prove that it didn't come in the place already looking like that.

    Another example, the fridge. Is you agreement explicit that a working fridge is part of the tenancy and that it will be replaced/repaired if faulty?

    From what you are saying, I would say good luck. Even if you can prove your claims, I can't see you getting much compensation since you have now find somewhere else to go. 6 months is not really long to claim that your health has been significantly affected and that you had absolutely no choice but to stay there because you didn't have any family/friends to stay with.

    Why should I have had to stay elsewhere when rent was being paid for that property though? It was the check out inspector that suggested my current cold, cough and eye infection could be down to the mould and mildew. I have a compromised immune system due to my health condition including type one diabetes, which is why the fridge was also important. & yes white goods, fridge and freezer included were part of my agreement. There was a fridge there when I moved in but it did not work, the landlord was supposed to fix it before I moved in but didn't get around to it and then claimed he could not afford to. This was until property management got very involved as I needed a fridge asap to store insulin and had to borrow one in the mean time.

    Nope, no before photos, as you know, I actually didn't think my landlord was going to be a complete !!!! and as I said it was my first experience renting. I guess I am just a naive idiot.

    Leaving this thread now as it's just not worth it. I really just wanted to know whether there was anyone else here that had been through the process, that's all.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Although of no consolation to you. I'm all for the licencing of landlords. As your sorry tale is why certain people shouldn't be allowed to run a letting business. Hopefully though the matter will soon be addressed.
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