Being let down by agents?

29Southall

About a month ago, myself and 3 other students moved into a house. When we came to view it, it was lovely - no real signs of damage anywhere and the old tenants assured us they hadn't had any problems with it.
However, about 3 days in we discovered a leak from the shower into the living room. The agency we were with let the leak continue for 2 days before a plumber came to fix it. We have subsequently had a number of leaks throughout the property which have all been sorted. Despite the house being warm and the windows being open pretty constantly, we are still suffering from a damp and mould problem. Both the agents and an EHO have said that the mould isn't a risk to health (although the EHO said he didn't understand why the agency hadn't provided us with a dehumidifier).
However, one of my housemates had a similar problem last year. Again, she followed the heating and ventilation advice given to her, yet (as with our current property) the mould continued to spread. This had an adverse effect on her respiratory system, and she has now developed an allergy to mould, with asthma flaring up beyond normal levels in it's presence.
We have notified everyone we can of this, and yet they still continue to do nothing about it. We are doing all that we can to stop the mould from growing, but nothing we do is keeping it at bay. Her asthma has gotten to the point where she has had to change all of her prescriptions, and is now using her 'emergency' pump daily.
Is there anything more we can do in terms of legal action? It seems disgusting that they can get away without doing anything whilst her condition continues to deteriorate? The council and environment agency also appear to be under the impression that if they leave it, we'll eventually give up?

Cakeguts

You clean the mould off the walls. They aren't going to clean it for you.

csgohan4

mould is also produced from tenants lifestyle, like drying clothes on radiators/indoors without opening windows. Not opening windows after a shower for example


Mould doesn't grow itself you know, it takes certain conditions as well


We bought a dehumidifier to sort it out ourselves, If you have to depend on others to sort this out, your going to wait a long long time.

Davesnave

29Southall wrote: »

Is there anything more we can do in terms of legal action? It seems disgusting that they can get away without doing anything whilst her condition continues to deteriorate? The council and environment agency also appear to be under the impression that if they leave it, we'll eventually give up?

It's hard to envisage what sort of further response could be expected from the letting agents, who are not doctors. They have discharged their responsibilities by getting the leaks fixed.

What kind of legal action do you envisage taking, and on what grounds? If the EHO isn't backing you, your case will be seen as weak. I'm not sure where the Environment Agency would come into this either.

You can write to your landlord at the address given to you for serving notices, saying what you want done, and this would be the minimum expected of you before any legal course would be taken seriously. Meanwhile, I'd have a whip-round and get a dehumidifier.

29Southall

I've tried washing it off with washing up liquid and water (I am aware I would need bleach, however I wanted to do a test first to see how the wallpaper and paint reacted to liquid) however the paint came off. None of us can afford to lose our damage deposit over this, which, as our contract states, will happen.
We're having a dehumidifier brought down, however our letting agent initially offered to hire one for us, then have retracted this offer. In the meantime, we have had our windows open to ventilate pretty much all the time.
When we have the tumble dryer on, we have the kitchen and lounge windows open so the warm, moist air is quickly removed and can't cause more damage. we are doing all that we can to help, but the lack of extractor fans in the kitchen and bathroom makes us feel like we are fighting an uphill battle. The EHO has accepted fault in that there should have been one installed in the bathroom last February, however a colleague failed to do his job properly.
We plan to take legal action as a last resort, due to the agency failing to complete repairs within the timeframe set out in the contract. The health of one of the housemates has severely deteriorated as a result of their lack of action, which apparently constitutes as a statutory nuisance. We have followed the path that citizens advice have laid out (we don't have contact with our actual landlord; the agency is the named owner on the paperwork we have) and we're just looking for any alternative ideas in regards to legal pathways? We have exhausted all advice from the agency, contractors and the EHO, yet the issue continues to spread.
When we entered the property, there was already mould in the sealant surrounding the bath, and this had been reported the night we moved in. I'm also wondering if this could be a source of the continuing issue?

cybervic

Where are the mould growing? Walls or Ceilings (in basement or top floor?) Can you link the location of mould to the leaking problems? If you think you can, write a letter to LA, explaining why you think it's their responsibility to sort it out and ask them to either send a cleaner to clear it off or pay for cleaning products.

You've only been in for a month, I presume there is no mould when you move in, therefore the mould shouldn't normally grow that quick to a point of causing health problem, so I suspect either the heating is not on high heat (or not long enough to dry the damp off), or maybe the wall hasn't been totally dried from initial leaking problem.

Perhaps a photo to show us how bad the mould is?

Comms69

Why would you lose your deposit, if you aren't responsible for the mould?

MEM62

29Southall wrote: »

I've tried washing it off with washing up liquid and water (I am aware I would need bleach, however I wanted to do a test first to see how the wallpaper and paint reacted to liquid) however the paint came off. None of us can afford to lose our damage deposit over this, which, as our contract states, will happen.
The mould will trash the wallpaper anyway. Make the estate agent aware of this issue, inform him what action you are taking and then state that, as this is a know issue, you will not be held responsible for any damage to the wallpaper arising from the mould problem. (Take photos over time and keep them) And use a proper mould remover.
We're having a dehumidifier brought down, however our letting agent initially offered to hire one for us, then have retracted this offer. In the meantime, we have had our windows open to ventilate pretty much all the time.
When we have the tumble dryer on, we have the kitchen and lounge windows open so the warm, moist air is quickly removed and can't cause more damage.
Is the tumble dryer vented to the outside of the building? As there are a number if you living there it will be running regularly and so it needs to be. It's a loosing batter otherwise.
we are doing all that we can to help, but the lack of extractor fans in the kitchen and bathroom makes us feel like we are fighting an uphill battle. The EHO has accepted fault in that there should have been one installed in the bathroom last February, however a colleague failed to do his job properly.

We plan to take legal action as a last resort, due to the agency failing to complete repairs within the timeframe set out in the contract. The health of one of the housemates has severely deteriorated as a result of their lack of action, which apparently constitutes as a statutory nuisance.
Good luck with that. If you cannot afford to loose your deposit then I suggest that you cannot afford to waste money on litigation that doesn't have a cat in hell's chance of being successful.
We have followed the path that citizens advice have laid out (we don't have contact with our actual landlord; the agency is the named owner on the paperwork we have) and we're just looking for any alternative ideas in regards to legal pathways? We have exhausted all advice from the agency, contractors and the EHO, yet the issue continues to spread.
When we entered the property, there was already mould in the sealant surrounding the bath, and this had been reported the night we moved in. I'm also wondering if this could be a source of the continuing issue?

You guys need to take the practical steps to deal with the issue as you are resident in the property. In HMO's the washing facilities and bath/shower get a lot of use. (Even with students! LOL) Make the landlord aware that you will not be responsible for any damage to decoration or furnishings resulting from any reasonable steps taken to deal with the issue. Use photos and notes to document the condition of any affected areas at regular intervals during your tenancy.

FBaby

If the issue is to do with lack of ventilation then it is your problem to manage. An extractor fan will help but you shouldn't need one to avoid the issue. Having a tumble drying and using it regularly will be a problem as would be drying clothes on radiators. Bathroom window should be open when people shower not just afterwards.

It's a pain because it's nicer to keep warm at all time but that's the price to pay and not just tenants. We have problem with damp in it property and we hedge no choice but to have the window open in the bathroom at all time so that means undressing in it room and wearing a dressing gown.

aneary

FBaby wrote: »

If the issue is to do with lack of ventilation then it is your problem to manage. An extractor fan will help but you shouldn't need one to avoid the issue. Having a tumble drying and using it regularly will be a problem as would be drying clothes on radiators. Bathroom window should be open when people shower not just afterwards.

It's a pain because it's nicer to keep warm at all time but that's the price to pay and not just tenants. We have problem with damp in it property and we hedge no choice but to have the window open in the bathroom at all time so that means undressing in it room and wearing a dressing gown.

It's quite possible that the bathroom doesn't actually have a window and the same with the kitchen.

Sometimes the layout is an open plan kitchen/dinningroom/livingroom the window will be by the livingroom area no where near the kitchen.

In both cases extractor fans are essential.

No offence FBaby but you do always assume that it the tenant and not think about the possible layout of a flat. As you did with me.

Mutton_Geoff

29Southall wrote: »

When we have the tumble dryer on, we have the kitchen and lounge windows open so the warm, moist air is quickly removed and can't cause more damage

The tumble dryer should be properly vented to outside, not discharge warm moist air into the property. Was the appliance already there when you moved in or did someone bring it with them? This and cooking without ventilation will be one of the main sources of moisture inside the property.