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Black mould and wet patches? Rented property...


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Hi!

 

I moved out from living with my parents in September 2010, I found this lovely little flat that my best mates mum was letting out, albeit horrid decor, but it was in okay condition! It smelt a little musty but I presumed that had just bee the tenant before me.

 

After being there a few weeks I noticed the mustiness getting gradually worse, there was faint grey patches appearing on my walls, and whenever I went to bed my pillows (which were up against the wall) were wet. I went to her about it and she said it was condensation and that I needed to have my windows open in the day and heating on at night. I did as she said but for whatever reason it got worse and worse.

 

She then recommended that I try wiping the patches off my wall with vinegar, lemon and water, which I did but within a few days the mould had started growing back. I changed my bed sheets and all my pillows and duvet were mouldy and musty.

 

My taps started getting this black and white gunk around where the water came out, as did my shower head.

I THEN moved my living room around and my mirror which had been on the wall was black with mould behind it. I have a stack of plastic drawers that I keep my shoes in, and all my fabric and suede pairs were absolutely covered in horrid chalky white mould.

I eventually managed to get her to do something about it, and apparently some men came out to work o it whilst I was at work once, but it just looked like it had been painted over to me as I could still see the mould underneath the white paint.

 

I've just been incessantly wiping it every few days since then, but I think it's starting to affect my health, I already have asthma but it never really affected me, but since i moved in I've had 3 asthma attacks, I've had a chest infection and a really bad cough, all since I moved in....

 

I've told my landlord about everything, over the phone AND in a letter, but she doesn't seem to be getting off her arse and doing anything about it? I offered to buy the "special paint" that her workmen use ad do it myself but she said it was £70 a tub and i definitely can't afford that! Not when the whole flat needs doing!

 

I've been to Citizens Advice, but they were about as helpful as a wet lettuce being eaten by a slug, can anyone on here help? Or at least recommend something?

 

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Certainly sounds like a condensation issue to me.

 

Is it ground or first floor flat? Are the damp patches all on the same wall (e.g. one external wall) or throughout?

 

Is there any mechanical ventilation in the bathroom and/or kitchen?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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It's a ground floor property and it's all on the outer facing walls? Which is all but one :(

There isn't anything like that in my bathroom at all! There's a vent near the ceiling but it doesn't make a whirring or anything like that!

 

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It sounds too bad to be just condensation, especially if there is just one of you, though it is not impossible. Condensation is water produced by you which condenses on cold walls. Damp is water from outside that gets inside due to the fabric of the flat being faulty.

 

Ways to reduce condensation would be not to have very long showers, avoid drying clothes in the house, cook with lids on pans etc.

 

Ways to check for damp would be to have a look outside for leaky gutters, blocked drains, moss on the walls that might indicate water dripping from somewhere and splashing your walls, blocked or obstructed air vents in the walls.

 

Hopefully it will get better as the warmer weather returns. You might want to plan to move though, as soon as you can.

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It is me on my own, but I don't do any of those things? I go to a laundrette for my washing and I rarely use my oven as I'm working most of the time, I shower everyday but only for about 10 minutes! Nothing OTT !

 

There's nothing really on the outside property really apart from a load of leaves in the drain, no leaks or anything!

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Steve, I've seen some pretty bad cases of condensation - it can really manifest like that.

 

The fact that it is only occurring on the outside walls (i.e. the cold walls) would really back this up in my opinion.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Hi emaconway

 

Sorry to hear about your situation but i would let your doctor know about the mould issue as this may be inflaming your asthma.

 

Also contact your local council enviromental health department and ask their advice explaing the mould issue.

 

hope this helps

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Sorry to come in on the tail end of a thread, especially where you have already received useful feedback

 

Couple of quick questions, if ok...

 

- what windows are fitted in your flat (timber? metal? plastic replacement/double glazed units?)

- what heating do you use (central heating? gas fires? calor gas heaters...?)

 

Like MrShed I've seen walls streaming with condensation. The Local Authority's Environmental Health Officers should be able to assist though - although be cautious/openminded as to their advice too

 

Admittedly some years ago now, but an EHO claimed a client's flat was suffering from rising damp, as the EHO's 'damp meter' said so - but ignored metal crittall windows that had been sealed shut with silicone mastic (by the tenants), a couple of calor gas heaters that were being run pretty much continuously (by the tenants), with clothes being dried over radiators (by the tenants)... it was proved that rising damp was NOT the issue...

 

Back to your query though, sorry, ;) did you pay a deposit, if so, is it protected? If uncertain, post back here, as the general consensus on CAG is not to ask the Landlord, not yet. In a similar vein, where you provided with an Inventory / Schedule of Condition, if so, did you acknowledge receipt of the same?

 

Also, do bear in mind that some Landlords take exception to being taken to task, perhaps, more so, if they are a 'best mate's mum' - so may seek to serve notice for possession on you. For whatever it is worth, it does sound like you are best out of there though - but, still, no point upsetting your friendship, perhaps...

 

Do post back to say how you get on and best of luck

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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ive a similar problem with a property ive moved out of and the LL is trying to bill me for redecoration becuase of the mold, which i did everything i could to abate. i will follow your thread with interest

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  • 3 months later...

Hi,

 

I have had similar problems and the landlady has not done anything about it. It has taken a year until it has been resolved and my asthma also got bad.

 

Under Housing legislation the landlady has to repair any damage to the property that makes it uninhabitable. You have reported it enough times by the sounds of it, and suffered quite badly.

 

It appears that the landlady was negligent in so far that she let you live in a mouldy property, so this is a case that could be taken to court to claim damages form her. I appreciate that you've said you do not have much money, but if you make a strong presentable case and take it to a Personal Injury Solicitor, they should be able to take it on on a "No Win No Fee" basis.

 

Beware that if the landlady proves you did not air the property, or did not heat it there might be contributory negligence which would reduce any award you might receive.

 

In the meantime I would advise you to see your GP regularly and to have recorded that you blame the mould for making your asthma worse. Keep your record of a peak-flow reading on a daily basis, and make sure you note down days where you stay away from home. If your peak flow increase when away from the mould this would be very good evidence of mould being a causing factor.

 

Good luck with it, and if you have any questions please contact me

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I have yet to hear that the LL was negligent in letting a mouldy house. She is indeed required to maintain the fabric of the building in good order, but condensation is normally resp of T. How old is the property (approx year built?)

Double glazed, metal windows, loft & walls insulated? All these can reduce normal ventilation/aid condensation.

Is there a pattern to mould which may indicate partial breakdown of damp proof course?

Clean the gutters of leaves and check gutter joints are not leaking next time it rains. Are the outer walls rendered & in good order?

Clothes retain perspiration and OP is storing shoes in plastic boxes. Once mould has got a foothold the spores are hard to eradicate, like weeds.

Ground floor flat so is the mould on the walls low down near the skirting board or high up near the ceiling?

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It appears that the landlady was negligent in so far that she let you live in a mouldy property, so this is a case that could be taken to court to claim damages form her. I appreciate that you've said you do not have much money, but if you make a strong presentable case and take it to a Personal Injury Solicitor, they should be able to take it on on a "No Win No Fee" basis.

 

 

I am not aware of any reported decision, in a court case, in which a tenant succeeded in a claim of negligence against his landlord.

 

Do you know of such a case?

 

 

Looking, today, at some decisions reported on-line in personal injury cases, the trend seems to be AGAINST extending liability in negligence to cases in which the duties of the parties are governed by statutory rules.

 

The Landlord and Tenant Acts and the Housing Acts provide a pretty comprehensive statutory framework in respect of cases of disrepair; and it therefore seems unlikely that a negligence claim would succeed in such a case, because it would interfere with the statutory rules if a set of common law fault-based rules were superimposed on the statutory ones, which largely don't require fault to be shown.

 

It would be a giant leap BACKWARDS if a landlord could say I didn't cause the wear-and-tear - or frost damage, or burst pipe, or whatever - so I'm not paying to fix it.

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My comments apply only if the premises are entirely within England and Wales, and only if you were granted a shorthold tenancy (under which you - and your spouse/partner/children, if any - had exclusive use of a seperate dwelling, which was not shared with another tenant nor with the landlord), and only if you were over 18 years of age when the tenancy was granted.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

 

Bear in mind that if you are a shorthold tenant, you can be evicted from the premises by simply being given 2 months notice, in writing, taking effect after the initial six months ends (expiring on the last day of a rent period). No reason has to be given. Where a dispute arises, concerning any matter, the landlord can simply end the tenancy in that way.

 

 

Damp & Mould

 

Contact the Environmental Health department of the local District or Borough Council, and ask them to inspect the property regarding the mould.

 

Advice on mould:

http://tenancyanswers.ucoz.com/index/damp/0-15

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I had terrible black mould throughout my kitchen in my Housing Association property. Fortunately, my property was updated with a refitted kitchen. The workman bleached off the mould and painted with - I believe - an oil based paint to minimise the moulds return. Also fitted in a good quality extractor fan. Over 12 months on and - touch wood! - no sign of the moulds return ...

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The workman bleached off the mould and painted with - I believe - an oil based paint to minimise the moulds return. Also fitted in a good quality extractor fan. Over 12 months on and - touch wood! - no sign of the moulds return ...

 

 

Yes, simply using bleach - watered down somewhat, not neat! - will remove all trace of mould. It's a very effective solution, although it can be impractical if the mould is adhering to a visible decorative surface which bleach would damage.

 

But to prevent it simply recurring, you have to cure the condensation problem which caused it in the first place.

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