rental shouldn't be this grotty/ legal advice please!

[JaneS]

My partner and I moved into a new flat a couple of months ago. It looked fine when we moved it but soon became clear there was a mould/mildew problem in the shower room. To be honest we weren't too upset, and we told the agent but didn't really expect him to do anything.

He came to inspect the place a couple of days ago and said he'd see if we could get a better ventilation system put in, but he explained that the flat was old and the landlord wouldn't want to do masses of work because they'd only have to increase the rental price (I'm assuming he means the rental price for subsequent tenants, obviously!). We understood that.

But, yesterday I pulled my jacket out of the cupboard (haven't worn it in a while), and found the sleeve was covered in mildew! Which was horrible. Having pulled everything out of the cupboard, I found there was mould growing at the back. This cupboard is basically a closed-off alcove in the wall, but it's not the wall that faces the same way as the shower room. This bit of wall actually faces the corridor outside the flat, which has an open door at the bottom but is basically roofed over and dry!

What should the agent be doing? This surely can't be a ventilation issue. Does the law compel him to do some work? It is really, really disgusting to have mould growing and I can't keep my clothes there any more.

What legal position are we in?

[Morloth]

What does your tenancy agreement say about repairs etc?

There should be a clause in there about the Landlord keeping the property in an appropriate condition.

[JaneS]

There is. I just don't know what counts as 'appropriate'. I mean, obviously this should -mould spores are a health hazard - but I can't help suspecting that the lettings agent knew there was going to be mould growing in other places than the shower room, and wanted to forewarn me not to expect anything.

When he looked at the shower room he did say they'd had this problem before, and I find it hard to believe he didn't know there would be mould in other places.

They can't raise the rent on us now we've signed a year's contract, can they?

[fernie3]

The landlord is probably responsible for this and it should be in your contract BUT in my experience they wont do anything, in these situations we have just moved.

[JaneS]

(Oops: meant to say, thanks for replying, Morloth!)

[JaneS]

fernie, I can't afford to move. We don't have 200 quid spare for letting agent fees and we've only just moved from somewhere else. I'm just so cross because we live in an expensive city and I think the attitude is 'what did you expect for the amount you're paying' - we've been told this before when we found somewhere had mice. It's as if we choose not to have much money just to be awkward for lettings agents.

I feel that if they advertise a property as being in a decent condition, it ought to be in a decent condition.

[fernie3]

I agree totally it should be in a good condition, in my experience however they dont tend to do any more detailed worl ona property they already have tenants in. It might helpif you talk to the letting agents about the spread of the problemand take your contract with you.

[hophophippidtyhop]

Contact your local council, I think in the housing dept they have a bit that deals with this if the landlord wont(environment officer?). My sister was in a housing association place with this problem and the council acted as a contact to sort it out.
I remember from a thread a while ago that damp is something that has to be sorted out - I think there were some links to shelter about living in damp housing on it.
Please follow through as my sister developed mild asthma as a result and now has an inhaler.

[JaneS]

Thanks fernie, hophop! Will try the agent first and then the housing debt. if necessary. Some of the flats in this block are council properties and talking to my neighbours they've had much more work done on them than mine, so, given the way damp spreads, the council might actually be glad if my landlord would do some work!

Bit scary about the asthma ... thanks for the warning!

[fernie3]

hophop, thats interesting about your sister when my son was born we lived in a place with a mouldy basement which you could smell upstairs as well. It took us about 6 months after he was born to get enough money together to move but in that time he got rushed to hospital with breathing trouble twice and he was again a couple of time after we moved but since then he has improved. I wonder if the mould could have been the cause of that?

[probono]

I'm a landlord. The landlord should and must deal with this. Once you've made appropriate representations, he should start making moves to get the work done. If he does nothing I think you've the right to withhold part of the rent but DON'T ACT ON THAT WITHOUT CHECKING YOUR CONTRACT AND GETTING CAB OR COUNCIL ADVICE.

Certainly if I was your landlord and I did nothing about this I would fear withholding of rent.

You have more power than you think. You should NOT have to live in a mildewy damp house that is ruining your stuff. NOT AT ALL.

[JaneS]

Thanks, probono. Does anyone know, can they raise the rent on us? We have a 12 month contract, paying by the month.

[EcoMouse]

LittleRed, are you on your local council and social housing lists?
Once you have contacted Environmental health at your local council, they will probably inspect and assess your property.
Once it has been deemed a danger to health, you may be given a priority placement on the housing register or financial aid to enable a move.

[skybluewinking]

They cannot break your contract. You have agreed to pay a rent, they are stuck with that for the term of the contract.
The damp is an issue they MUST deal with.
Speak to the agent, and tell them today.

[JaneS]

EcoMouse, I'm not. Our flat isn't a council house, it's rented from a landlord via a letting agency. Other flats in the same building are council properties. We don't remotely qualify for council housing (amongst other things, DP isn't a UK citizen), but because he earns just over minimum wage and I'm a grad student, we cannot afford to pay a grand a month on rent. Strangely, lettings agents are very good at making us feel like cheapskates because of this!

[JaneS]

Skyblue, are you sure? The last place we were in broke the contract on everyone in the building - we all had to move out.

[EcoMouse]

Oops, yes, meant to say your landlord should be dealing with this urgently, particularly given you've raised it as an issue. If s/he fails to do so, you should be entitled to the help I mentioned.

[Ewe]

I had a similar problem in my old house, my walk in wardrobe was full of mould, it was disgusting and ruined loads of clothes.

My landlord didn't do anything and the local council weren't in a position to do anything as unless it is a HA/council property it isn't considered council remit as it isn't considered a danger to health - just nasty and inconvenient. I went down and saw them in person as well as speaking over the phone and whilst they were nice and empathetic they were useless. I even had a letter from paed explaining that it was making my DD and that still wasn't enough.

Hopefully you might have a better local council who can help. (Un)fortunately we had to move.

[EcoMouse]

Sorry, x posted. I had been hoping there might be a safety net there for you. The involvement of the environmental health department should spur your landlord into action in the first instance.

[EcoMouse]

Ewe, that's awful! A friend of mine had a polar opposite experience. How councils vary!

[JaneS]

Thanks EcoMouse. Ewe, do you mind me asking whereabouts you were? But I'm not too hopeful really.

[GhoulsAreLoud]

I had this exact same thing due to damp on the outside wall that my wardrobe was resting against.

The landlady came round and said that the house was warm and dry when she visited and she wouldn't do anything!

I spoke to Citizen's Advice who said that the landlady had a duty of care to both me and my property and was responsible for sorting out the problem. I called her back and she agreed to reduce my rent for the period I waited for her to fix the damp problem (my clothes and shoes were literally covered in mould) and she sorted it out within a couple of months I think.

This was quite a few years ago post university so the law may have changed but I would think your landlord still owes you this duty of care.

[skybluewinking]

Hi Little red dragon, yes I am sure that they cannot raise the rent while you are there.
They can use the break clause option to give you notice to move though. All contracts are different, what does your say about notice periods?
If the Landlord does not want the hassle of readvertising, possibly having a void period, then they will not want to see you go. If he really will not do any remedial works, try suggesting to the agent that you do them, and deduct from your rent. That will sometimes suit a lazy landlord

[Ewe]

I am in Surrey. I have read cases online where people have been more successful so I think it can be variable - I did lots of googling at the same time!

It's one of those things that doesn't seem to be as cut and dry as dodgy electrics, gas, structural stuff etc.

[GhoulsAreLoud]

Oh and I already had bad asthma prior to living there but the landlady frankly couldn't give a sh*t about sorting it out until I got some legal advice then all of a sudden she couldn't do enough.

She was a dimwit though - she sent someone in to decorate my room without telling us first and the first I knew of it is when a complete stranger walked into my bedroom with a pot of paint while I was in bed with my boyfriend!

[JaneS]

Ah, that makes sense skyblue. Mind you, I have no idea what work to do for mould spreading through a wall - do you? I would think it's not something I can DIY, but if there is a simple answer I'd love to know.

Am going to go in and see the lettings agent with DP later today.