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I hope I'm posting this on the correct sub-forum. I have been renting my house through an estate agency for just over 5½ years now. I have never missed or been late with a rent payment but have a landlord who just does not want to deal with problems.

 

Over the last 2 years, I have been complaining about damp and mould in the house which has been getting progressively worse. In November, I received a message from the agency asking why I had not sent them an updated tenancy agreement and their fee. My response to them was to ask why I should pay them a fee when they have not been acting for me in resolving the problems. I didn't have a problem signing a new agreement, but had a moral objection to paying the fee under those circumstances.

 

They responded by stating that I have been changed to a periodic tenancy.Last week I sent a letter of complaint to the agency listing the problems and their effects as well as a warning that I would approach the council environmental health department after 4 weeks if no action had been taken.Yesterday, I received a Section 21 notice.I do not have the funds to pay another deposit or to even pay for a move.

 

What (realistically) are my options?Do I have any sort of legal recourse against my landlord? If so, should I withhold rent?I am very bitter about this turn of events and I don't think I would like to just let him 'get away' with it and I feel that given his failures he should bear some financial responsibility.I have a deposit in the Deposit Protection Scheme but I do worry about it -

 

The house is in a poor condition due to damp damage and I have a sense of dread feeling that I am going to ripped off. Any advice please!My next post will be a copy of the letter of complaint.Thanks in advance

Edited by citizenB
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Here is a copy of my letter of complaint:

 

TO WHOM IT MAY CONCERN UNSAFE AND UNHYYGENIC CONDITIONS:

 

I refer to numerous conversations with members of your staff as well inspection reports over the last 18 months in addition to the SMS conversation between myself and ***** on 20 November when I was told that a damp inspection would be conducted.

 

It is disappointing but not surprising that 4 weeks later, once again, nothing has been done.I would like to highlight some of the issues which are of immediate and serious concern.

 

You are already aware of some of these.This house has a very serious damp problem which is causing a number of unhygienic and hazardous conditions.

 

Numerous walls in different rooms are in places saturated and water is clearly visible on the walls as well as on the ceilings. This is leading to a number of problems;

 

There is a serious black mould issue throughout the house which has to be treated by myself on a regular basis.

 

This is an issue for me as the mould killer has caused me breathing difficulties on each occasion that I have to use it. My wife is asthmatic and is adversely affected by the mould spores in the atmosphere;

 

Wallpaper and ceiling paper is detaching and rotting in various locations due to the damp in the walls. No redecoration can be done until the damp issue has been resolved. ;

 

The floor in the entrance to the house has completely rotted away and we are now left with a dirty and unsightly hole which is also a trip hazard;

 

We have no electricity in the plugs in 2 of the bedrooms as the circuit board trips – probably due to damp in the wiring and/or sockets.

 

There is also a concern about the safety of the electrical distribution board on a wall that is continuously wet;There is water dripping through the ceiling in various locations in the house.

 

The kitchen cupboards are continuously damp – there is now nowhere to store food and any opened packages attract damp and rot within 1 week leading to unnecessary wastage.

 

The central heating is, due to the damp atmosphere, completely ineffective and the house is now impossible to warm up;

 

Clothing stored in cupboards becomes damp and mouldy within 2 weeks of being washed and we have had to throw away a large amount of good clothing due to mildew and rot;

 

Furniture is warping due to the damp. I have had to throw away 2 cupboards and drawer set that is only 2 years old due to this problem and other items are suffering the same fate;

 

I put a TV in my son’s bedroom and within 1 week the display was ruined due to damp setting on the circuit board;

 

Bedding is continuously damp and no amount of heating is alleviating the problem.We have lived in this house for 5½ years now and as our customer, we do not feel that we are being treated with the respect we deserve.

 

As your customer, we feel that you should have taken positive steps a long time ago when this issue was first brought to your attention to address a problem which has now gotten out of hand. As your customer, we feel that you have failed in your responsibilities and you have let us down.***** sent me an SMS on 20 November to state that you have not received a signed agreement and your fee.

 

I do not have an issue with signing a lease agreement, but can you please tell me why I should pay you a fee when you have failed so miserably to address my concerns? Or would you just collect the fee from me, pretend the problem isn’t there and hope I go away?

 

We are no longer prepared to accept these conditions and demand that you take immediate action to rectify this situation.

 

I expect a firm proposal from you within 4 weeks of the date of this letter on how you will address the issues listed above.

 

If no such commitment is received, I will present this matter to ***** Council Environmental Services and will take whatever action is deemed appropriate to seek redress from yourselves and the landlord.I look forward to your response.

Edited by citizenB
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First of all, DO NOT with hold rent!

Also there is no defence to a section 21 notice, unless it has not been filled out correctly, with dates, worded in the right way etc.

A section 21 notice is just that a notice of repossession, and the LL must give you at least two clear months notice, after that if you have not moved out they can start proceedings to evict through the courts which could take another few weeks or even months.

The government is thinking of making it illegal to terminate tenancies just because a tenant complains about conditions, but nothing yet.

The LL has a duty of care, any electrical problems must put right and if they have not, you can claim for that and the damp conditions through court action now or when moved out. I trust you put these issues in writing at the time as a record, which will help any claim.

Any Gas in the property? as an annual gas safe certificate is required by law.

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Thank you. I have got a sense that rent should be paid - even though he doesn't really deserve it.I don't think there will be an issue with the Sec 21 notice & I don't think I'm going to try to argue it. My issue is the way the LL has done this & I want to seek redress against him for damages. I'm just not sure if I actually do have a claim or not.

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I hope I'm posting this on the correct sub-forum. I have been renting my house through an estate agency for just over 5½ years now. I have never missed or been late with a rent payment but have a landlord who just does not want to deal with problems.

 

Over the last 2 years, I have been complaining about damp and mould in the house which has been getting progressively worse. In November, I received a message from the agency asking why I had not sent them an updated tenancy agreement and their fee. My response to them was to ask why I should pay them a fee when they have not been acting for me in resolving the problems. I didn't have a problem signing a new agreement, but had a moral objection to paying the fee under those circumstances.

 

They responded by stating that I have been changed to a periodic tenancy.Last week I sent a letter of complaint to the agency listing the problems and their effects as well as a warning that I would approach the council environmental health department after 4 weeks if no action had been taken.Yesterday, I received a Section 21 notice.I do not have the funds to pay another deposit or to even pay for a move.

 

What (realistically) are my options?Do I have any sort of legal recourse against my landlord? If so, should I withhold rent?I am very bitter about this turn of events and I don't think I would like to just let him 'get away' with it and I feel that given his failures he should bear some financial responsibility.I have a deposit in the Deposit Protection Scheme but I do worry about it -

 

The house is in a poor condition due to damp damage and I have a sense of dread feeling that I am going to ripped off. Any advice please!My next post will be a copy of the letter of complaint.Thanks in advance

 

 

Here is a copy of my letter of complaint:

 

TO WHOM IT MAY CONCERN UNSAFE AND UNHYYGENIC CONDITIONS:

 

I refer to numerous conversations with members of your staff as well inspection reports over the last 18 months in addition to the SMS conversation between myself and ***** on 20 November when I was told that a damp inspection would be conducted.

 

It is disappointing but not surprising that 4 weeks later, once again, nothing has been done.I would like to highlight some of the issues which are of immediate and serious concern.

 

You are already aware of some of these.This house has a very serious damp problem which is causing a number of unhygienic and hazardous conditions.

 

Numerous walls in different rooms are in places saturated and water is clearly visible on the walls as well as on the ceilings. This is leading to a number of problems;

 

There is a serious black mould issue throughout the house which has to be treated by myself on a regular basis.

 

This is an issue for me as the mould killer has caused me breathing difficulties on each occasion that I have to use it. My wife is asthmatic and is adversely affected by the mould spores in the atmosphere;

 

Wallpaper and ceiling paper is detaching and rotting in various locations due to the damp in the walls. No redecoration can be done until the damp issue has been resolved. ;

 

The floor in the entrance to the house has completely rotted away and we are now left with a dirty and unsightly hole which is also a trip hazard;

 

We have no electricity in the plugs in 2 of the bedrooms as the circuit board trips – probably due to damp in the wiring and/or sockets.

 

There is also a concern about the safety of the electrical distribution board on a wall that is continuously wet;There is water dripping through the ceiling in various locations in the house.

 

The kitchen cupboards are continuously damp – there is now nowhere to store food and any opened packages attract damp and rot within 1 week leading to unnecessary wastage.

 

The central heating is, due to the damp atmosphere, completely ineffective and the house is now impossible to warm up;

 

Clothing stored in cupboards becomes damp and mouldy within 2 weeks of being washed and we have had to throw away a large amount of good clothing due to mildew and rot;

 

Furniture is warping due to the damp. I have had to throw away 2 cupboards and drawer set that is only 2 years old due to this problem and other items are suffering the same fate;

 

I put a TV in my son’s bedroom and within 1 week the display was ruined due to damp setting on the circuit board;

 

Bedding is continuously damp and no amount of heating is alleviating the problem.We have lived in this house for 5½ years now and as our customer, we do not feel that we are being treated with the respect we deserve.

 

As your customer, we feel that you should have taken positive steps a long time ago when this issue was first brought to your attention to address a problem which has now gotten out of hand. As your customer, we feel that you have failed in your responsibilities and you have let us down.***** sent me an SMS on 20 November to state that you have not received a signed agreement and your fee.

 

I do not have an issue with signing a lease agreement, but can you please tell me why I should pay you a fee when you have failed so miserably to address my concerns? Or would you just collect the fee from me, pretend the problem isn’t there and hope I go away?

 

We are no longer prepared to accept these conditions and demand that you take immediate action to rectify this situation.

 

I expect a firm proposal from you within 4 weeks of the date of this letter on how you will address the issues listed above.

 

If no such commitment is received, I will present this matter to ***** Council Environmental Services and will take whatever action is deemed appropriate to seek redress from yourselves and the landlord.I look forward to your response.

 

 

 

For Reference http://forums.moneysavingexpert.com/showthread.php?t=5140105

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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