Furniture Damage

[STAR2544]

Good Morning. This is the First time that I have used this site.
I currently have damage to my furniture in my bedroom caused by damp.

Myself and other half moved into the property on 23rd october and informed the landlord straight away about the problem with the damp. He has now given us a de-hummidifier to put in the bedroom but the damp has damaged our bed, mattress and bedside tables.

The de-hummidifier is still collecting the water at the same rate at when we first put in in the room 5 weeks ago.

We have taken pictures of all the damp and damage and sent the landlord a detailed letter inclusing the costs at replacing the goods.

He is not intrested ion paying for the furniture and claims that he has never recieved the letter and said that the damage may have been done to the bed before we moved in ( which it was not )

Please tell me what I can do.

[ladybird17]

I would try Health & Safety at your local authority - if they can't do anything, they should be able to point you in the right direction.

[STAR2544]

Thanks

[demon_x_slash]

As ladybird says, you need to go to your local council - you need to see the Housing Officer who will make an appointment to come around and assess the damp problem. It may be that it is also causing you and your partner unseen-as-yet health problems, especially if it is bad in the bedroom area as it seems to be. You've been in there just over three months - have you or your partner had any bad chest infections or coughs, or asthma attacks, in that time? Mould spores in the air can make a respiratory illness ten times worse. The Housing Officer can declare a property uninhabitable depending on the level of the problem, and can force the landlord to carry out work to remedy the problem.

[STAR2544]

We both have quite bad asthma at the best of times and this isn't really helping matters.

We can prove that the damage is caused by the damp as we bought the furniture in the same weekend as we moved into the flat.

Haven't been able to contact the housing officer by phone, so will be going to the local housing office next week.

[Diggy]

Be aware that using a dehumidifier may NOT help the situation. If the damp is penetrating then a dehumidifier may just pull more moisture in! Only use one when the cause of the damp has been rectified to dry out the internal walls and furniture etc...Machines such as those made by Ebac are designed to reduce moisture in the air created by people breathing/cooking/sweating etc... NOT as a solution to penetrating damp.

[claire78]

OK, this situation has now escalated (star is my sis)

The landlord has reacted to further complaints of the damp and also a faulty bathroom today by suggesting that he is going to give her notice to quit.

Obviously this is unreasonable behaviour, but what should she do?


She has cancelled the SO for the rent (due tomorrow) which I have advised her I feel is unwise, and just weakens her position.

She has decided that the best option is to move out, as the landlord/tenant relationship has broken down too far, which i agree with. I have suggested that she sends one last letter to LL, stating that she wishes to terminate the tenancy, be reimbursed for the damaged furniture, and have the deposit returned with no deductions.

Failing a reasonable response, issue proceedings in the small claims court in 7 days time. She was already sent 2 letters, about a month ago, and a week ago.

Advice please

[MrShed]

Unless the property has been condemned by EHO, your sis has no basis(IMO) to move out or terminate the tenancy. How long was the fixed term for? Equally, the landlord could not serve a notice to quit to evict any sooner than 2 months time. Bad move to cancel the standing order.

At the least, not a chance she is going to get the full cost of the damaged furniture in court, and the deposit, without some deductions for terminating the agreement. Knowing the fixed term will make it easier for me to give specific advice.

[claire78]

6 months assured shorthold tenancy, started 12 October 2006

[MrShed]

My opinion? She can leave without notice on 12th April. Wait til then, pay this months rent, withhold next months rent(allow the deposit to clear it). Then move out. She wont win a termination of tenancy court case - the court will award the landlord the rent(probably - there are no certainties in court!). Doing it this way ensures that she will not be out of pocket. Then, she can proceed to sue for the damaged property.

[claire78]

I agree that cancelling the SO will cause more problems than anything.

My sis is worried that unless she witholds the rent for a month, she will not have a deposit for a new flat.

[MrShed]

Well thats fine, she can withhold the rent - in my opinion this justifies it. But, surely it should be next months rent payment she withholds?

[bottomburp]

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