Being kicked out of flat because we reported mould, needed repairs. Advice?

Guavalava

Me and my partner moved into a property back In September 2018, a few months later we noticed mould growth in the property. The Landlord insisted it was because we had a pet in the property at the beginning (even though we didn't). We carried on trying to clear up the mould and keeping it under control through the regular methods of opening windows, using mould spray, heating the property etc. We dry our clothes indoors because we don't have an outdoor space to do so. The mould kept getting worse, to the point where it was going higher and higher up the walls, especially in the bedroom where we have had to move the bed away from the wall for our own safety. Since late Jan / start of Feb we had been contacting the agency in regards to this via email. Also providing photos. They eventually sent out a contractor who said the mould is due to the type of build of property, and insufficient insulation on the external walls and due to the front door being single glazed and wooden (letting in cold air). He then sent out a report for remedial work on the property and a quite to the landlord. We were told by the agency the landlord was "reluctant to spend a lot of money" and wanted to some see the property the mould himself with the agency. This was last week. After this we were told the landlord would be choosing out of 2 contractors. Only this morning, my partner rang the agency asking on an update about the work to be done, when he was then told the landlord has given us 2 months notice to leave instead. Are there any rights we have as tenants in this situation?

fishpond

Let me get this right.
1) You do not want to live there.
2) You do not want to leave.

Or are you expecting compensation?

MovingForwards

Whilst you wait for other comments have you read this thread?

https://forums.moneysavingexpert.com/discussion/5180214/tenancies-in-eng-wales-guides-for-landlords-and-tenants

Guavalava

We want to stay in the property with the landlord taking responsibility of being a landlord. I haven't mentioned wanting compensation for anything.
I mentioned a contractor had told him what needs to be done to fix the mould in the property, and instead of doing so, he has decicided to evict us instead.
My point is even if we have to leave, the next lot of tenants will move in and experience exactly the same and ocne they report the mould which will arise again due to the property being the way it is, he will evict and evict instead of sorting it out.

Guavalava

Actually just came across this and am now reading through the Deregulation Act 2015 which states "(2)A section 21 notice given in relation to an assured shorthold tenancy of a dwelling-house in England is invalid where—
(a)before the section 21 notice was given, the tenant made a complaint in writing to the landlord regarding the condition of the dwelling-house at the time of the complaint,
(b)the landlord—
(i)did not provide a response to the complaint within 14 days beginning with the day on which the complaint was given,
(ii)provided a response to the complaint that was not an adequate response, or
(iii)gave a section 21 notice in relation to the dwelling-house following the complaint,
(c)the tenant then made a complaint to the relevant local housing authority about the same, or substantially the same, subject matter as the complaint to the landlord,
(d)the relevant local housing authority served a relevant notice in relation to the dwelling-house in response to the complaint, and
(e)if the section 21 notice was not given before the tenant’s complaint to the local housing authority, it was given before the service of the relevant notice."

Slithery

How long is your tenancy for? Is there a break clause?

Read...
Ending/renewing an AST
Repairing Obligations

Guavalava

It was a 6 month contract onto a rolling.

anselld

Guavalava wrote: »

Actually just came across this and am now reading through the Deregulation Act 2015 which states "(2)A section 21 notice given in relation to an assured shorthold tenancy of a dwelling-house in England is invalid where—
(a)before the section 21 notice was given, the tenant made a complaint in writing to the landlord regarding the condition of the dwelling-house at the time of the complaint,
(b)the landlord—
(i)did not provide a response to the complaint within 14 days beginning with the day on which the complaint was given,
(ii)provided a response to the complaint that was not an adequate response, or
(iii)gave a section 21 notice in relation to the dwelling-house following the complaint,
(c)the tenant then made a complaint to the relevant local housing authority about the same, or substantially the same, subject matter as the complaint to the landlord,
(d)the relevant local housing authority served a relevant notice in relation to the dwelling-house in response to the complaint, and
(e)if the section 21 notice was not given before the tenant’s complaint to the local housing authority, it was given before the service of the relevant notice."

(a) Did you make the complaint in writing? This is one of the reasons the advice is always to report in writing.

If you did then proceed to (c), complaint to the Local Authority.

Guavalava

Yes it was always via email and we sent them photos too. We are going to get in contact with our local council and attach the same photos

anselld

Guavalava wrote: »

Yes it was always via email and we sent them photos too. We are going to get in contact with our local council and attach the same photos

"via email" is unlikely to be the official address for serving notices, aka the Section 48 address, which will be defined in the tenancy agreement.

However, it does sound as if a formal Section 21 notice has not yet been served since being told to leave on the phone is entirely irrelevant.

If you want to fight this I would suggest to summarise the previous reports and the current situation in writing and serve at the "address for serving notices". Do this before they get round to serving the s21.

Cakeguts

Drying washing indoors is one of the most usual causes of mould in a property. So regardless of what the expert said you are contributing to the mould by doing this.



Can you not get a dryer that has a vent that goes to the outside?