Black mould in a rental - what are my right?

HarryGray

Hi all,

I have been living in a rental for 18 months (2 year contract). We have had black mould reoccurrence on and off especially in the winter. The property management team came round to look at our flat because we actually had pictures that the roof and the wall facing the road was fully wet, not even damp, but soaked. They confirmed this was a structural issue which should be cleared with cleaning the pipes on the roof.

Anyhow, 3 months later and its still the same. I wrote to the estate agent who look after the property 16 days ago asking them to resolve or call a damp specialist out. We have not had a response from them.

We have had mould damage on our clothes and have had to get rid of £200 worth of clothes (picture evidence too). We have spent £320 more on our gas/electric for heating etc.

What are our rights here? I have told them that they have 21 days to get a damp specialist otherwise we will organise and just deduct the cost of it from our rent but they wont respond? Should they be liable to pay for our damaged goods?

Thanks

tom9980

You are going about this wrongly, there is a set process for reporting problems like this to rented property making demands and arbitrary deducting money from rent is likely to get you evicted.

Read https://forums.moneysavingexpert.com/showpost.php?p=67759903&postcount=2

Sncjw

Do you air out the rooms to get rid of moisture. It’s probably moisture and the heat at the same time

grumiofoundation

Sncjw wrote: »

Do you air out the rooms to get rid of moisture. It’s probably moisture and the heat at the same time

Unlikely that would make the wall actually wet!


But as been said you don't have the right to start arbitrarily deducting from the rent.

Are you planning to move after your contract expires? If so and you are worried about the conditions contact your local council.

https://www.gov.uk/government/publications/homes-fitness-for-human-habitation-act-2018/guide-for-tenants-homes-fitness-for-human-habitation-act-2018 (england)

Cakeguts

Do not under any circumstances deduct money from the rent unless you have completely followed the correct proceedure. Deducting money from the rent will put you into rent arrears.



Your flat is prone to condensation. Do not dry washing indoors on radiators or in a dryer that is not vented to the outside. Make sure that you open windows after using the bath or shower if you do not use the extractor fan. When cooking if you do not have an extractor fan the vents steam outside of the flat you need to open a window to let the steam outside.



If you have been drying washing indoors on radiators and you have not been opening the windows to let damp air out you will have caused the mould problem. If you have caused the mould problem it would not be a good idea for you to expect someone else to compensate you for this.

HarryGray

Cakeguts wrote: »

Do not under any circumstances deduct money from the rent unless you have completely followed the correct proceedure. Deducting money from the rent will put you into rent arrears.



Your flat is prone to condensation. Do not dry washing indoors on radiators or in a dryer that is not vented to the outside. Make sure that you open windows after using the bath or shower if you do not use the extractor fan. When cooking if you do not have an extractor fan the vents steam outside of the flat you need to open a window to let the steam outside.



If you have been drying washing indoors on radiators and you have not been opening the windows to let damp air out you will have caused the mould problem. If you have caused the mould problem it would not be a good idea for you to expect someone else to compensate you for this.

Thanks for this. We dry our clothes downstairs and not upstairs where the damp is on the roof. The air the room every day and night. The landlord cannot put in an extractor fan in the kitchen because the structure doesn't work apparently - however we open the windows again when we cook.

The property manager has already confirmed that its a roof draining problem but nothing has been done about it. I guess I will follow the steps posted earlier in the thread.

Thanks for the help

foxy-stoat

When the tenancy is up look for somewhere else to live. Sounds like there is an issue that the Landlord cannot or will not sort out. Let it be someone else's problem. The Estate Agent wont help.

If its just on the ceiling you can use Zinsser 123 as a primer and then repaint the ceiling the original colour, after cleaning the mould off first and drying it out. That will stop you seeing it every day. It will still be there though but it will be sealed. Same for the walls if they are painted and not wall papered.

If you can, get into the loft and take a look at what the top of the plasterboard looks like when you see lots of black mould spots on the ceiling below, that should focus you to move out when you can though.

tom9980

Given its likely a leasehold property the freeholder is likely to take 6+ months to get it fixed with nothing the landlord can do, i suggest you move.

lookstraightahead

I would move and then work backwards for any compensation etc. You shouldn't have to live this way and a thoroughly wet wall and ceiling (?) will not be down to drying a few items of clothing.

Why people say that goodness only knows. A little damp yes if you don't air, but not complete whole walls, unless you have 270 sets of clothes to dry.

HarryGray

lookstraightahead wrote: »

I would move and then work backwards for any compensation etc. You shouldn't have to live this way and a thoroughly wet wall and ceiling (?) will not be down to drying a few items of clothing.

Why people say that goodness only knows. A little damp yes if you don't air, but not complete whole walls, unless you have 270 sets of clothes to dry.

I would absolutely love to get up and move right now but our contract is for another 8 months. If we leave we have to pay back 11% + VAT of the remaining term and stay in the flat until the landlord finds new tenants. I'm really stuck here as its basically killing my health and makes me a bit depressed to go up there. Is there anything I can do other than keep asking the LL for help?

Should I ask him to maybe agree to us leaving and waiver the 11% as good will?

I forgot to mention I have a rare condition too where black mould affects my breathing and swallowing foods and its actually put me out of work a couple days so this stuff is affecting my health. I've had diagnostic tests and all of the proof to confirm this too.

grumiofoundation

HarryGray wrote: »

I would absolutely love to get up and move right now but our contract is for another 8 months. If we leave we have to pay back 11% + VAT of the remaining term and stay in the flat until the landlord finds new tenants.

Is this a break clause in your contract?
As in you have to pay 11% (+VAT) of the rent remaining in order to leave? This seems like a pretty good deal? I don't see how you can be made to stay in the flat as a condition of leaving?

If you post the relevant clause from your contract I am sure people will be able to give you advice.

HarryGray wrote: »

Is there anything I can do other than keep asking the LL for help?
Should I ask him to maybe agree to us leaving and waiver the 11% as good will?I forgot to mention I have a rare condition too where black mould affects my breathing and swallowing foods and its actually put me out of work a couple days so this stuff is affecting my health. I've had diagnostic tests and all of the proof to confirm this too.

Report the landlord to the local council/environmental health (are you in England/Scotland/Wales/NI?) Also check if the landlord complied with other requirements, gas safety, deposit protection etc?