Damp and dingy
Question
I am two months into a minimum six-month contract and the house is showing signs of damp. We've noticed mould growing on clothes in wardrobes, on valuable electronic equipment, and important papers becoming damp to the touch.
I've informed the landlord of the problems but he refuses to acknowledge the problem, claiming that nobody else has ever complained.
We'd like to know if there is any way that we could prove we have damp in the flat? We feel that if we can prove this is a problem, the landlord will either be forced to reduce the rent, re-house us while he fixes the problem, or allow us to terminate the contract.
Answer
This is understandably a difficult and frustrating time for you, especially as you still have some time before your contract finishes.
Who is responsible for sorting out dampness depends on the type of dampness. If it is caused by a structural defect (such as a lack of damp-proof course, poor ventilation or a hole in the roof) your landlord may be responsible. You may need to show that the dampness is affecting your health in order to force your landlord to do any work. If the dampness is caused by damage to the structure of the walls your landlord will be responsible for repairs.
If the dampness is the landlord's responsibility you can take action to get your landlord to do repairs. There are a number of steps you could take in order to do this:
- Report the problem to your landlord in writing;
- Collect evidence, such as photos, keeping items that have been damaged.
If your landlord refuses to accept responsibility you could:
- Contact your local environmental health department;
- Do the repairs yourself and take the cost out of your rent, but there is a procedure you have to follow in order to do this;
- Take your landlord to court.
The council's environmental health department investigates and takes action about problems in their area that affect (or are likely to affect) people's health. If you think the condition of your accommodation is affecting your health, contact the environmental health department and ask them to carry out an inspection. This is a free service and complaints can be kept confidential if you wish.
If the environmental health department carries out an inspection and agrees that the problem could damage people's health they can give your landlord an 'abatement notice'. This is a legal document telling your landlord what needs to be done to repair the problem. It gives a time limit by which any works must be completed. Your landlord can appeal against an abatement notice, but if it isn't followed the environmental health department can take your landlord to court and can order the works to be done and fine your landlord.
This may seem very complicated at the moment, but remember that all rented properties must meet certain standards in order to be 'fit for human habitation'. If your home is not, then the local council has a duty to take action against your landlord.
Before taking any action you need to consider how easily you can be evicted and how serious the problem is for you. If you are assured shorthold tenants you can be evicted fairly easily as long as the landlord follows the correct procedures. There's often a risk of eviction for taking action against your landlord.
You may find it useful to get help from a local advice service for further assistance on this matter.
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