Mould / Fungus on wall..... Would this class as inhabitable ?

[asme]

Hi All

 

I first discovered some mould / damp / fungus on some walls in the house in April 2012. The agent took photos then including behind the sofa where we sit each night. This area was damp to touch and the back of our cushion was also "wet".

 

There has been works done on one bedroom but nothing has been done on an area behind our sofa. It is this area I am worried about.

 

I checked behind the sofa again on the 4th November I saw and area spanning perhaps 1.3 meters across and perhaps 40cm high of a black/blue ash like stuff. As I said above I was told to wipe this which I did but I took pictures first.

 

It seems to be growing again though 22nd November. It mentions in my contract about the place not being habitable and being able to cancel the contract after one month. It also mentions that a fair proportion of the rent should cease to be payable until it is resolved. Since this began in April I am wondering a few things:

 

 

 

 

1. I am confused about this timing and who makes the call it is not habitable.
    
   
2. Do I need to prove it is a fungus that affects health, who would be able to do that? Environmental health?
    
   
3. How do you define inhabitable? The room does not resemble a scene from an alien film but I certainly would not put guests in the room.
    
   
4. Do I have any right to see the Landlord’s Policy of Insurance to see if fungus / mould is covered?
    
   
5. I only noticed now I should have asked for a reduction of rent at the very least. Can I retrospectively ask for that or how does the laws work here?
    
   
6. My deposit is protected with the DPS but if I was able to leave the agreement with this, will the deposit be affected or should that be given back also as normal?
   

 

Here is the section in question from the agreement.

 

Interruptions to the Tenancy

 

26.1. If the Premises are destroyed or made uninhabitable by fire or any other risk against which the Landlord’s Policy of Insurance has insured, rent shall cease to be payable until the Premises are reinstated and rendered habitable unless the insurance monies are not recoverable (whether in whole or in part) because of anything done or not done by the Tenant or his visitors.

 

26.2. If the Premises are not made habitable within one month, either party may terminate this Agreement with immediate effect by giving written notice to the other party.

26.3. In the event that any part of the Premises shall become unfit for normal use and habitation then a fair proportion of the rent shall cease to become payable until such time as the whole of the Premises are in a fit state for habitation and use.

 

Would appreciate any advice, the canny amongst you will probably note I am interested in leaving the property anyway as it has been constant issues really but we have been locked in pretty good. Interested if this could be used to leave, and anyway if it is going to give me breathing problems I would rather not be sat 4 inches away from it each night.

 

Thanks

[45002]

Hi All

 

I first discovered some mould / damp / fungus on some walls in the house in April 2012. The agent took photos then including behind the sofa where we sit each night. This area was damp to touch and the back of our cushion was also "wet".

 

There has been works done on one bedroom but nothing has been done on an area behind our sofa. It is this area I am worried about.

 

I checked behind the sofa again on the 4th November I saw and area spanning perhaps 1.3 meters across and perhaps 40cm high of a black/blue ash like stuff. As I said above I was told to wipe this which I did but I took pictures first.

 

It seems to be growing again though 22nd November. It mentions in my contract about the place not being habitable and being able to cancel the contract after one month. It also mentions that a fair proportion of the rent should cease to be payable until it is resolved. Since this began in April I am wondering a few things:

 

 

 

 

1. I am confused about this timing and who makes the call it is not habitable.
   
2. Do I need to prove it is a fungus that affects health, who would be able to do that? Environmental health?
   
3. How do you define inhabitable? The room does not resemble a scene from an alien film but I certainly would not put guests in the room.
   
4. Do I have any right to see the Landlord’s Policy of Insurance to see if fungus / mould is covered?
   
5. I only noticed now I should have asked for a reduction of rent at the very least. Can I retrospectively ask for that or how does the laws work here?
   
6. My deposit is protected with the DPS but if I was able to leave the agreement with this, will the deposit be affected or should that be given back also as normal?
   

 

 

Here is the section in question from the agreement.

 

 

 

Would appreciate any advice, the canny amongst you will probably note I am interested in leaving the property anyway as it has been constant issues really but we have been locked in pretty good. Interested if this could be used to leave, and anyway if it is going to give me breathing problems I would rather not be sat 4 inches away from it each night.

 

Thanks

 

Is this to do with your previous post http://www.consumeractiongroup.co.uk/forum/showthread.php?373173-Surrender-of-Tenancy....-Letting-agent-demanding-payment-not-landlord&p=4052930&viewfull=1#post4052930

 

Asking the same question under a different user name http://www.landlordzone.co.uk/forums/showthread.php?51300-Fungus-on-wall-Would-this-class-as-inhabitable&p=406257#post406257

Edited November 22, 2012 by 45002

[asme]

HI

 

Yes that is correct, I was not aware the sites were linked?

 

I was told that that website might be more relevant for my question, not really sure why it is a big deal?

 

Thanks

[mariner51]

The sites are not linked AFAIK but LLZ does tend to have regular contributors offering specific expertise.

 

As for this site the rule is one thread, one post, to avoid confusion & duplication.

 

From what you describe, the mould behind the sofa is not enough to make property 'not fit for habitation' and release you from your contract. Indeed most likely caused by lack of airflow behind the sofa. Wipe down with diluted bleach or anti-fungal spray and move sofa away from wall by at least 1 foot.