tenant advice required

[janiegalbraith83]

Hi,

 

Letting agent in question is actually based in Golborne (am property) how ever we live in wigan.* My story is as follows.* We have lived in a rented house for just over a year. *There has been a problem with damp in one room since we moved in. *For *the last 6 months this has caused black mould. *This has been reported to them several times and they have neglected to repair it. *It eventually ended up in a leak destroying a £400 tv, £200 pvr, £100 blu ray player, countless books and a £70 chest of drawers. *This is on top of countless items of clothing and shoes destroyed by the mould. *We contacted them to request a reimbursement with photos of the property that was destroyed (they have also been sent photos of the mould previously). *They asked for *a list of damaged property. *They have now informed us we will not be getting a reimbursement and that we now have to wait *until the new year for the damp to be repaired. *The landlord came out to fix the problem with the roof which was causing the damp and informed us the reason why we had to wait was due to the walls needing to dry out. *Today in the email we received from the letting agent they have stated that is no damp in the property despite them having seen photos and it was our choice to wait until the new year. *We are now left at Christmas around £1000 down through no fault of our own, living in a potentially hazardous property as they seem to have a complete disregard for the legalisation they are governed by. *To the extent they will not even release the landlords direct contact details. *They will only give us their details in order to contact him. *We have no money in order to move as my partner has lost his job through having to take time off to get this sorted, I can not work full time only part time as I have boneloss of the 2nd and 3rd metatarsal in my right foot and on morphine for the pain. *So we are now stuck here in an uninhabitable house, over £1000 down, with a completely ruined Christmas.* To add to this the landlord told us when he came and fixed the roof that the letting agent had informed him the damp had beem fixed, when in actual fact it had just been decorated over.* After asking around to friends and neighbours I habe been informed by neighbours the damp is a long standing problem of which previous tenants have moved out from their lack of will to repair it.* That no one has lasted longer than 6 months renting the house.* The list goes on and on.* One friend informed me am property attempted to make her claim for free insulation and a boiler in order to add value to the property.** She refused to do this for a couple of reasons, the fact obviously it is borderline fraud and secondly the have also refused to do repairs needed to her property.* Another friend moved into this property SEVEN years ago with the SAME agent and reported the SAME damp and black mould problem to the SAME agent, yet the agent says it wasn't here before we moved in.

I am merely wanting to bring to yoir attention how they are willfully ruining people's lives.** As stated as a result of their negligence and willful disregard for legislation we're left with way over £1000 worth of damaged property which we can't afford to replace, with a ruined Christmas as some of the damaged property from the leak where Christmas presents,* living a potentially hazardous property with no means of moving house. We also have both been ill for the last year, my partner with coughs and colds and me with cramping and pins and needles in my limbs every morning, a brain fog I can not clear for upto an hour after being in the room for just a few minutes. Can anyone advise anything to help in anyway?

[Lookingforjustice]

It is advisable for all tenants to get landlord insurance but I take it from what you have said that you have none. You say the damp didn't appear for six months into your tenancy although previous tenants also had damp problems. If they have names of the previous tenants you might try to track them down. It is my understanding that even if the tenancy agreement is arranged by the managing agent, it must give the landlords contact particulars on. It would be good if you can evidence that the damp and mould are the same problems that were there before and not new ones. Even so the landlord has the duty to make the repairs in good time and it doesn't sound as though they have. I suspect this will be argued as you have said he did come to fix the roof and the mould had been painted over.

 

I would call in the council environmental officer re the damp and mould. The environmental officer would be able to sort out who the landlord was I am sure and some councils already require landlords to register any property which is rented out. Newham, Manchester etc. Other councils are considering following suit.

 

You can go online to the land registry and for £3 you can get the details of the registered owner of the property. If you know the landlord's name try 192 for an address. You will need the landlords details if you intend to take action against them.

 

A tenant may be entitled to get a grant for insulation and a new boiler which ultimately should be a saving for the tenants energy costs. If the property is rented out the owner isn't entitled to the grant but although you can argue there is an added value for the landlord of the property providing the boiler is working properly and maintained, they don't really have to worry about your bills and added comfort. It is not a [problem] just something the tenant might consider doing which would indeed have a benefit for the landlord as well. If the boiler wasn't up to standard the landlord would be obliged to replace though.

 

I am sorry to hear of this horrible situation you have especially over Christmas and New Year but being so close the landlord might struggle to get someone in even if he was disposed to it. Have you considered trying to find someone yourself, getting a quote and telling the landlord you have someone willing to do the necessary work. He would have more to explain then as I expect he has decided not to try now because of the holidays. Does your neighbour know who came before because they might also help you with information as to why the problem has reoccurred after such a short time.

 

Treating mould isn't actually much more than cleaning it off, treating the area, then painting it over. Of course once the spores have moved onto possession etc that makes the process a bit harder. Of course it will only be superficial and return if the damp and moisture problem hasn't been resolved.

 

Try the council first and ask if someone could come out before new year. You may be lucky let us know what they say and the results of any enquiries you can make yourself of through the neighbours. There are tracing services available but they would be about £50 and I believe you should be able to do this yourself and the landlord is obliged to give their details on your AST contract anyway.

[janiegalbraith83]

The damp was there notnling after moving in. The mould developed later. It is my uunderstanding from previous tenancy's (maybe wrong as not up on it which is why am on here ) that that insurance is maibly for furnished properties to protect the the landlords furniture. We have our pwn furniture and contents how ever the excess is £75 per item. We can't afford that and if the the landlord had fixed the problem when it was was reported there wouldn't of been the leak that's destroyed our property. We can't afford to pay for tracing services. As I can only work part time due to chronic health problems and my partner lost his job through having to keep taking time off to sort the all the problems with the house (people saying they'll come fix it never turning up etc) as I already have to have time off for hospital and doctors appointments I couldn't get the time off.

[Lookingforjustice]

I am not clear what type of tenancy agreement you have as to why you cannot go elsewhere if your deposit was returned. Many landlords will accept tenants on housing benefits. Did the letting agent/landlord place your deposit in an accredited deposit scheme and notify you of the scheme used within 30 days of your tenancy starting? If not that would automatically mean that you can claim the deposit x3 from the landlord.

 

192.com is also good for the names of previous people registered at the property in previous years for electoral role purposes. Some tenants don't bother registering but others do. Even if you identify someone there a few tenants back who had these problems both the landlord and the managing agent are in a difficult position if they misled you.

[janiegalbraith83]

We didn't pay a deposit. We got it deposit free for a quick move in deal. We have found some one from 7 years ago. However that still hasn't made any difference to them doing nothing to help.

[Lookingforjustice]

Tenants can obtain insurance for contents. The excess should be per claim and not per item but clearly you don't have any. Have you by any chance been diagnosed with a disability for your chronic health problems? If the length of time you have been required to stay at home to let tradesmen in (and their non attendance) has been so burdensome as to cause your partner to lose his job this is outrageous. You have of course no obligation to do this and can tell the letting agent that they should supervise the works in your house. Not very satisfactory but I suspect there is less likelihood of them wasting their own time and being on top of this than they are when they can just leave it to yourselves.

 

The advice I am giving here is to try and get leverage to have the problem fixed urgently. Should you wish to take action against your landlord in the future then the forum can also look at that and take you through your options and the process.

[mariner51]

Can the OP edit the solid wall of text to add some white space with paragraphs for a easier read & understanding?

[janiegalbraith83]

We have got contents insurance I can assire you in fact we have two. One with the bank and another to cover what that one doesn't cover as it is one attached to an account so the cover is limited. The repairs are done by the landlord so we had no option to contact the letting agent to stay at tje property as when we attempted to do so we where told as it is not their company but the landlord’s they can not attend the property for supervision. They may of beem feeding us a pack of lies as they previously been less than honest (they stated the damp was not present until we moved in when I know someone who lived at the property 7 years ago moved out 5 and they reported the damp and mould to the agency). I have not been registered as disabled as you can not do it any more. Receipt of disability benefits are classified as proof of disability therefore you can no longer register as disabled, I called the benefits helpline to see if 8 could claim any for that reason and was told as I work 20 hours a week I am not entitled to anything so even attempting to claim would be pointless.

[janiegalbraith83]

We are essentially looking for any advice we can get to help in anyway. Obviously I would love nothing more than to just get out but that is impossible at the minute until my partner obtains employment again.

[Lookingforjustice]

I would contact your insurance companies on Monday to check if you can claim if you haven't already done so.

 

I would also check with the Environmental officer at the council

 

The reason I asked if you had been diagnosed with a disability was to look at what support there might be from Charities dealing with similar type of disabilities. I have a diagnosed disability. I am also not entitled to benefits but there are charities that have helped. Also there is advice from the Equalities commission as disabled individuals are often less able to go through processes and procedures in order to get their rights and help may be available.

 

Shelter is very pro-active in helping people with housing problems and may have advice that could be useful to you.

 

If you could find someone willing to act as a guarantor for your rent then you may still be able to move to a property without a deposit. Some councils also rent from private landlords and may know of someone who can help you.

 

That's all I can think of at the moment for a quick short term solution but I'm sure someone else will be along shortly with some more suggestions for you. If I see or think of anything else I will of course let you know. Good luck

[beans on toast]

sounds like probs we have had, they tart up a property for when you move in, and then the probs appear and they say it is something you are doing wrong

 

are your friends who lived in the property prepared to be witness and give statements that the property was in that condidtion when they lived there, if they are great,

 

contact EH as this is a long standing problem that the agent and LL are not fixing, once EH say there are probs the LL has to fix them

 

the prob we had in our house was that the damp, we had was more condensation, and our LL though it was our fault, till he was told that the reason the house is full of condensation was due to lack of venterlatin and inadequate heating, all his responsibility,

 

what is you EPC rating

 

refuse to pay rent till you get your LL name and address, if they say we will evict you say great, I will wait for the court date, and then the court order and will stay till the bailiffs turn up, as legally they are the only ones who can remove you from the house, takes about 8 months in all and LL has to do it

 

as if it goes to court, just tell judge, after 6 months of asking the LA refused to tell you who your LL was, which you have to know by law, as should be on tenancy for "posting of notices", but keep rent, so it can be brought up to date

[mariner51]

beans - the address for service of Notices in AST can be any address, usually LA. It does not have to be LLs home address - perfectly legal.

 

 

What was referred to was LAs statutory duty to provide LLs address within 21 days of receiving a written request (letter) from T.

 

 

I assume if LL is running letting business from home, then it will be LLs home address or his Registered business address.

Advent of DPA and recent harassment/stalking legislation has confused the issue IMO, until some LL tests this in High or Appeal Court

[beans on toast]

I know, then all he has to do is serve the letter to the address that he has been given, but from what I read he hasn't been given any address for LL, just be told he cant have the info,

 

I my self would get EH in and let them sort it,