Rental contract....

[geministar2007]

Hi

 

I do not have a written tenancy contract. What rights do i have as a tennant?

 

Also can you advise what happens in relation to damp in a property.

We have told our landlord, who says they have had the place done properly. However something must be a miss as i have to keep wipping damp off the walls. Once it got so bad, we had to wash our clothes from the wardrobe as they were damp and mouldy.

We use a dehumidifier regularly but this eats our electric! Too cold to have windows open.

 

Ay suggestions and advice would be good.... but please don't say move out, can't afford to at the moment.

[slick132]

Hi Gemini,

 

I'll leave the lack of contract to one side, for those who know more about the subject.

 

Condensation occurs where moist air comes into contact with cold surfaces such as walls or windows. Keeping a room ventilated and warm will certainly help.

 

A wardrobe next to a cold wall, or where the back of the wardrobe is actually an outside wall, will get damp and musty because there's little air flow or ventilation in the wardrobe.

 

Double glazing helps to some extent by providing thermal insulation, but it also causes problems by being draught-free and stopping ventilation.

 

You need to eliminate damp from outside as being a cause - this would often be obvious in the way damp shows through on a wall, either near ground level or where there are any faults such as dripping pipes or gutters.

 

If this is not the cause, ventilation and heating the property will help.

 

If it's a bedroom, bear in mind that an adult will exhale over 1 pint of water into a room while sleeping at night.

[geministar2007]

Thank you, my wardrobe is on the outside wall, i think i may try and have a bit of a move around at some point. We have double glazing.

 

Do you think sleeping with the bedroom door open could help air flow, we generally close it as we have a cat.

 

Anyone with any ideas about contracts etc, would be great to hear from you.

 

Thanks

[slick132]

Hi Gemini,

 

Certainly, having the bedroom door open at night will improve air flow through the property. Better still would be to have a couple of windows open just enough to allow a bit of outside ventilation.

 

Is the damp the same through the property or are the bedroom and bathroom the worst places. How old is the property and does it have any chimneys.

 

Can you give more info about why you have no contract. In particular:-

 

1) When did you move in.

2) Did you find the property through an agent or privately.

3) How do you pay rent, ie cash, cheque, Standing Order.

4) Have you paid a deposit.

[geministar2007]

We live in part of a converted garage, which is then extended.

 

The damp is worst it bedroom (the garage part), however it is also damp in bathroom, kitchen and occassionally in the lounge.

The bathroom tiles are always wet, moisture drips down.

 

There are no chimneys, the property is not that old, i'd says 80's/90's? It looks modern.

 

We are on one floor, ground.

 

We moved in begin of April this year, we pay rent via cash (we get a receipt), the ad was in a shop window, we have not paid a deposit.

 

when we moved in they just said they do not provide a contract, as long as we pay our rent and we all get on everything is fine.

[Steve__M]

You'd automatically be in an assured shorthold tenancy (AST) if there is no contract.

 

I think after 6 months you could give 1 rental month's notice. This is the statutary requirement for periodic tenancies (ASTs turn into periodic tenancies when the fixed period ends). The landlord would have to give you 2 months' notice.

 

Sounds to me like it was badly converted. If the garage has no cavity wall it would easily suffer condensation.

[slick132]

Hi Gemini,

 

The bathroom and kitchen should both have extractors to remove moist air when showering/bathing and cooking, respectively.

 

If you get on fine with the LL, could you ask for extractors to be fitted to help with the obvious problems. The problem is almost certainly the result of poor insulation and poor ventilation.

 

What heating system does the ppty have.

[geministar2007]

we have extractors in bathroom and kitchen. The landlords house has centreal heating, we have a radiator in bedroom, which is only on when they have the heating on for themselves.

 

We have a extra electric fire in lounge.

 

The landlord says they have done everything and spent alot of money. The response is generally well move out if you arent happy.

 

Which we will do next year when we can afford to.

[geministar2007]

me again, thought i would add to this current thread....

 

ok my smoke detector has stopped working, i took it to landlord and they said they will replace it, sensor has stopped working even thought the thing beeps when you hold in the test button. This was a few days ago and we are still without a smoke detector. Whos responsibility is this? from what i have read it appears to be the landlords.

 

They seem a little slow with everything, (the damp mentioned above) and now this.

[Planner]

The provision or not of a smoke alarm will depend on the size of the property.

 

To be honest I would be worried enough about my own saftey to splash out £10 myself for a replacement rather than wait for the landlord/agents to repace. Minor issues such as this (assuming your property doesnt fall into the catagory in my first sentance) are really the tenants responsibility.

[slick132]

Hi Gemini,

 

If it's not done in a couple of days, buy a new one and deduct the cost from the rent you next pay.

 

If the alarm is not working properly and needs replacing, it's the LL's responsibility.

[Planner]

Hi Gemini,

 

If it's not done in a couple of days, buy a new one and deduct the cost from the rent you next pay.

 

If the alarm is not working properly and needs replacing, it's the LL's responsibility.

 

No you MUST NOT withhold rent without following proper procedure. You must be very careful about giving 'off the cuff' advice like this. This isnt a £12 charge from the bank or a broken TV from Currys, its someones home.

 

As previously stated, Im not convienced it is the LL responsibility.

Edited December 5, 2008 by Planner

[slick132]

If the Detector was provided by the LL and is now not working properly, who else would be responsible for it.

 

The LL has already agreed to replace it so why should Gemini not replace it, deduct the cost from the next rent pay't and give the LL the receipt.

 

.............bearing in mind there is no AST or signed contract.

 

I am fully aware that this is Gemini's home - my concern was that it remains a safe one.

[Planner]

Its a very simplistic view to say that because something was provided with the property, it is the landlords responsibility to replace should it stop working. What the landlords responsibilities are to repair are clearly laid out in the housing acts.

 

Once again, the landlords resonsibility to provide smoke alarms will depend on the size and type of property.

 

Once again, YOU MUST NOT withold rent for repairs, there are certain procedures to follow before doing this.

 

You second to last sentance shows your ignorance of rental law, as there is an AST in place and the poster is offered all the protection of an AST provided under the housing acts. An oral AST is just as valid as a signed contract.

 

My concern is also that Geminis home is safe, but also that it remains Geminis home.

[geministar2007]

thanks for the advice, the detector was replaced by them.