Seller didn't disclose a defect

FreeBear

deannatrois said: My problem was caused by too cold exterior walls, I put insulating wallpaper on the walls and it never returned and the affected room was instantly warmer, much though this is scoffed at as a solution on here.

It is one solution (a short term one in my opinion), but if it can keep the temperature of the wall just a degree or two warmer, that will reduce the condensation.

A positive input ventilation (PIV) system, optionally with a heat recovery unit attached (preferable, as it saves a bit of energy) would also help combat condensation - In a bungalow, it would be fairly easy to install a system - Might get away with a £1K spend.

Thrugelmir said:

suchadipstick said:

The carpet and underlay really stink and they are laid on top of hardboard. 

Leak of some kind? 

Certainly worth lifting the carpet & board to see what sort of state the floor is in. If it is a suspended timber floor with good ventilation underneath, fingers crossed it is in good condition. A solid concrete floor may well be dripping wet, in which case, carpet & board up and run a dehumidifier in there for a week or three.

MalMonroe

iampetesmith said:

Well having the contract rescinded is completely out of the question as the sale is completed and everyone moved months ago, even after exchange you couldn't do this.

You probably know the answer, but you're stuck with it and will need to find someone to come out and look at it & treat it as it's your house now. If the vendor simply didn't mention it, then there's no comeback on them as it's up to the buyer to check out the condition of the house, usually by having a survey done. If that meant your buyer had to wait and the whole sale would be delayed while waiting for a survey, then that's how it would have to be to make sure you found out about these issues before you exchanged contracts.

Once contracts are exchanged then the house is yours, along with any problems that come with it.

What nonsense. You obviously have no idea of property law.

Unicorn_cottage

suchadipstick said:

No, I didn't buy this place for a song and paid the going rate.
I have had the roof checked. The soil level is not too high. I have open air brick in place. I have used a bleach based cleaner too. There are no cracks that are evident inside, or out and the guttering is fine. The offending rooms, [two of the five that are in this place,] are cold and I keep the windows [double glazed] clear of condensation. The carpet and underlay really stink and they are laid on top of hardboard. The damp proof course doesn't appear to be bridged.
I'm not looking for a get out clause, just a solution.

Are you getting rid of this carpet/underlay and hardboard? They won't be helping. Do you keep the windows in these rooms open a crack to allow ventilation. You shouldn't really be clearing condensation if the windows are opened a bit. Have you got the heating turned up in these rooms?

MalMonroe

suchadipstick said:

I bought a bungalow in late August 2020 and have discovered that it has extensive mould and damp issues that are having an big impact on the health of my elderly mother and myself. We have had to vacate the bedrooms and I've had to throw several pieces of mould damaged furniture out. I didn't have a survey, because of time constraints caused by Covid19 [ my buyers needed to move quickly and there was a huge backlog with the surveyors].
Is my seller at fault for not disclosing the damp and mould, when he must have known about it, because it is obviously historic. Can I have the contract rescinded?
I did what I thought was best at the time, because my Mother could no longer get upstairs. I know that I am a fool, but now I'm a desperate fool.

I would contact the solicitor you used, as well as the estate agent. Sellers are supposed to reveal issues such as mould and damp, especially if they are historic.
Since 2013, it's not your responsibility to dig this information out of sellers, it's for them to disclose prior to sale. 

You're not a fool at all. But you've been treated badly and you should try to recoup any losses you may incur as you try to make your home habitable. 
 

macman

MalMonroe said:

suchadipstick said:

I bought a bungalow in late August 2020 and have discovered that it has extensive mould and damp issues that are having an big impact on the health of my elderly mother and myself. We have had to vacate the bedrooms and I've had to throw several pieces of mould damaged furniture out. I didn't have a survey, because of time constraints caused by Covid19 [ my buyers needed to move quickly and there was a huge backlog with the surveyors].
Is my seller at fault for not disclosing the damp and mould, when he must have known about it, because it is obviously historic. Can I have the contract rescinded?
I did what I thought was best at the time, because my Mother could no longer get upstairs. I know that I am a fool, but now I'm a desperate fool.

I would contact the solicitor you used, as well as the estate agent. Sellers are supposed to reveal issues such as mould and damp, especially if they are historic.
Since 2013, it's not your responsibility to dig this information out of sellers, it's for them to disclose prior to sale. 

You're not a fool at all. But you've been treated badly and you should try to recoup any losses you may incur as you try to make your home habitable. 
 

Could you possibly tell us under what 2013 legislation such disclosure is required please?

knightstyle

Opp  if it is certain rooms that are affected then the damp, ie water, must be coming from somewhere.  So you need to do some detective work.  Are the walls exterior ones? Are they cavity walls? Is it a single storey with a flat roof?  Is there insulation?  How do you dry washing? 
All these answers will help you get constructive comments on dealing with the problem which I think is more important than concentrating on suing the seller.
If it were me I would immediately buy a decent dehumidifier, a hygrometer and an infared temperature gauge to look for cold spots on the walls, ceiling etc. 

davilown

MalMonroe said:

suchadipstick said:

I bought a bungalow in late August 2020 and have discovered that it has extensive mould and damp issues that are having an big impact on the health of my elderly mother and myself. We have had to vacate the bedrooms and I've had to throw several pieces of mould damaged furniture out. I didn't have a survey, because of time constraints caused by Covid19 [ my buyers needed to move quickly and there was a huge backlog with the surveyors].
Is my seller at fault for not disclosing the damp and mould, when he must have known about it, because it is obviously historic. Can I have the contract rescinded?
I did what I thought was best at the time, because my Mother could no longer get upstairs. I know that I am a fool, but now I'm a desperate fool.

I would contact the solicitor you used, as well as the estate agent. Sellers are supposed to reveal issues such as mould and damp, especially if they are historic.
Since 2013, it's not your responsibility to dig this information out of sellers, it's for them to disclose prior to sale. 

You're not a fool at all. But you've been treated badly and you should try to recoup any losses you may incur as you try to make your home habitable. 
 

Would love to see this legislation.........  That's why you get a full structural survey done, not just rush and buy it.

lincroft1710

MalMonroe said:

iampetesmith said:

Well having the contract rescinded is completely out of the question as the sale is completed and everyone moved months ago, even after exchange you couldn't do this.

You probably know the answer, but you're stuck with it and will need to find someone to come out and look at it & treat it as it's your house now. If the vendor simply didn't mention it, then there's no comeback on them as it's up to the buyer to check out the condition of the house, usually by having a survey done. If that meant your buyer had to wait and the whole sale would be delayed while waiting for a survey, then that's how it would have to be to make sure you found out about these issues before you exchanged contracts.

Once contracts are exchanged then the house is yours, along with any problems that come with it.

What nonsense. You obviously have no idea of property law.

I think they have more idea than you have.

iampetesmith

MalMonroe said:

What nonsense. You obviously have no idea of property law.

You've successfully sued a seller/got a refund after buying a defective property without having a survey done? That's amazing.

AnotherJoe

There is precedent for winning redress in such a situation (there was a well publicised multi million pound lawsuit a  year or three ago) but whatever the rights and wrongs, its going to be astonishingly difficult (aka expensive) to get any redress when the issue is one often caused by lifestyle, eg not heating enough, airing clothes indoors, not enough ventilation, etc and it could be argued that the original residents had no issues and the buyers brought it on themselves throught heir actions.

Its not a  clear cut issue such as  subsidence not disclosed, or known woodworm or something that the buyer could not have created through their own actions.