Landlord holding deposit- please help!

[f_english]

I moved out of a rented property on the 28th Feb having paid a £600 deposit at the beginning of the 6 month contract. After a few weeks in the property we started to notice damp conditions- this escalated and we tried to get out of our contract as my boyfriend's asthma had returned because of the problem (he hadn't suffered from asthma since he was a child and he's now 30). The environmental health inspected but concluded that we needed to use a dehumidifier and open the windows as it was caused by condensation, which we did. There was no way they would allow us to cancel the contract so we honoured the 6 months. Now the landlord is withholding money to repaint the walls as we 'have ignored the advice of the environmental health' and there are damp patches on the walls (these actually appeared shortly after we moved in as they had painted a fresh coat of paint so we didnt know at first). We had no choice during our stay to open the windows and use the dehumidifier as the problem was so bad but it obviously wasn't going to 'fix' the damp that was already there! Plus we had a 3rd floor room which we didn't use and left the window open constantly during our stay and we discovered when we left the wall had water marks on (the roof must've been leaking) and I'm pretty sure it's this they want to charge to repaint- a leaky roof is not negligence on our part it's the landlord's responsibility to fix! We have letters dated a month after we moved in complaining of the patches and exactly where they are so what I want to know is- do I have a chance of winning in a small claims court?????

[Joa]

yes, you do have a chance. Look at it as a basic unjustified deposit retention. Your money has been spent by the landlord without reasonable explanation. Check the "disrepairs" post to reassure yourself what was the landlord's duty, start gathering evidence to support your position (any vistors that may have seen you using dehumidifier, any neighbours that could confirm that you have kept the windows open etc) BUT remember that the burden of proof lies with the landlord; he needs to convince the court that it was your action that caused the damage.
From my experience serious damp problems can rarely be remedied by signle, domestic dehumidifier- the problem often lies with poor quality roofing or lack of damp-proofing etc.

If you want to go further, you can add claim for compensation for extra high electricity bills, worsening of your asthma etc caused by landlord's lack of action with regards to repairs.
So; put it all together in a concise, rant and sarcasm-free, factual letter, 14 days deadline, after expiry send him a Letter Before Action, keep copies, use Recorded/Signed for delivery.
You can post your draft here and we can comment and/or congratulate!

[f_english]

Thanks for the quick response!
I've sent the Estate Agent and the landlord a letter saying the problems were there when we arrived in the property and that we could not have prevented the damp as we followed the advice of the environmental health and it still worsened. I spoke to the Estate Agent this morning and she told me 'unfortunately the e.h report says the damage occured due to the tenants not opening the windows enough' and therefore we are liable. Nowhere in our tenancy agreement does it say the tenant are responsible for the walls or controlling damp problems. Also, as the e'h did no report prior to us moving in they can't prove that we 'caused' the problem. Is it just me or are the LL and E.Agent being ridiculous???? How can tenants cause damp??!!!

[Lady_Heather]

Sorry i am a letting agent, (dont throw things please) but i also rent a property from some local letting agents. I have had my own problems with my agent and i come on here to try and change how i do things, find different views of looking at situations. to help with your problem best i can, tenants can help alittle to control the cause of damp/condensation by keeping the windows on vent lock whenever possible, i ask my tenants to do this. you say ou have done this, how far was your window open upstairs?? although if its new build mold is to be expected but also do you have a dryer? this often causes more condensation in the house. you can try and bill the landlord for a percentage of the cost of your electric bill because of the dehumidifer and i have found out recently that you can charge 8% on top. i will ask my employer and see if he has any advice also. sorry if mine doesnt help.

[Joa]

My local Environmental Health Office started to advise l/lords that it is unreasonable to insist that tenants keep windows open in the middle of the winter (heating bills soaring, security compromised).

[blacksheep1979]

I also think that its unreasonable to expect or accept mould in a new build

[demon_x_slash]

I live in a new build, have my windows open all the time (I can't bear to be in an enclosed room for long), and still have mould in various places throughout the flat; and it always comes back after each scrubbing. We have no tumbledryer either. TBH, it's quite depressing to see it make its way along the ceiling each time... LL baffled as to cause.

My point is that I hate it when tenants are automatically blamed for causing damp - often, once it's there, it's there, and nothing short of demolishing the building will get rid of it.

[Lady_Heather]

Originally Posted by blacksheep1979

I also think that its unreasonable to expect or accept mould in a new build

damp and mould in new build is to be expected, when you think of how much water is put in to building a house ie concrete, bricks whatever, the building when completed needs to dry out. this can take 2 years depending on the size..

[blacksheep1979]

Damp will either be condensation (which you are suggesting) or from poor damp proofing (which won't cause mould). If a property is suitably insulated and sufficiently ventilated in the cavities then there shouldn't be a damp problem

[f_english]

Its a stone building and has NO damp proof or wall cavities for ventilation. Landlord is still witholding money so we are taking him to court

[knoxvillain]

best of luck

[pokadots]

Hi There

I've got a similar problem

I've recently moved into a property and when the heating went on, I noticed a strange musty smell. I looked behind the radiator, and realised that the back of the entire radiator area was full of black damp and mould. I informed the landlord immediately.

The landlord got a builder round who said there was a high moisture in the internal walls in the bedroom. He also said that that the black mould and damp was due to condensation. He then got a massive quote for removal of contaminated plaster, wall treatment, installation of a horizontal damp proof course (although he said the building already has a course) and two air bricks.

Now my landlord is planning to withhold my deposit due to lack of ventilation in the room. I have explained to him that I brought this problem to his attention and that as its a ground floor flat, I can't keep the windows open whilst I'm at work.

I've only been in the property five months and I always keep the windows open as much as possible, as I can't stand the smell.

Also, he's admitted to having damp in the bathroom (due to no windows) and the black marks everywhere are still visible.

Any advice gratefully received!

[f_english]

Pokadots- does this mean that you have moved out of the property or has the landlord told you that when you move out he will withold some of the deposit?

Do you have any evidence of complaining about the damp when you first noticed it ie letters to the landlord? You could also benefit from speaking to the building company that assessed the damp and getting a letter from them confirming when they inspected it and what they found.

My ex-landlord eventually realised that I wasn't going to give up and returned the deposit in full so my advice would be DON'T BACK DOWN!!