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Morning all after some advice as to what my daughters rights are regarding a privately rented flat that is suffering from extreme mould and damp, this has left the 2 bedrooms as uninhabitable and she is having to live in the living room. The property maintenance company originally said it was condensation but the letting agency sent around someone who confirmed it is caused by damp. She is now stuck in a property that she cannot use half of and paying full rent with £1000's of personal furniture and clothing ruined. Would it be worth with holding rent? who would we claim her personal belongings that have been destroyed? any advice would be gratefully received

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If the intention will be to make a claim, it wouldn't be sensible to withold rent.

 

There are new rules for tennants, I'm not sure if they refer to your daughters problems, but have a read, there might be something there.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?440-The-Consumer-Rights-Act-2015

 

Further help will be along soon.

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I second Conniff, do not withhold the rent money, under any circumstances

 

Instead contact (phone or visit) your local Council & ask to speak to the Housing Officers. Provide pictures of said damp etc & ask for them to help you get this situation sorted.

 

Its exactly what I've had to do in the past myself.

 

Good luck!

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If the intention will be to make a claim, it wouldn't be sensible to withold rent.

 

There are new rules for tennants, I'm not sure if they refer to your daughters problems, but have a read, there might be something there.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?440-The-Consumer-Rights-Act-2015

 

Further help will be along soon.

 

Not sure it's a good idea to withhold rent…

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Withholding rent means that the LL can begin after 8 weeks accelerated eviction procedures where the judge has little power than to agree to the eviction request.

 

That is why the people above correctly advise that rent should not be withheld.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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"....paying full rent with £1000's of personal furniture and clothing ruined."

 

 

So no personal contents insurance then? Silly Billy!

 

Well thanks for that useful comment, she actually does have insurance but they are refusing to pay on the grounds it has been caused by the property and is the responsibility of the Landlord

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Morning all after some advice as to what my daughters rights are regarding a privately rented flat that is suffering from extreme mould and damp, this has left the 2 bedrooms as uninhabitable and she is having to live in the living room. The property maintenance company originally said it was condensation but the letting agency sent around someone who confirmed it is caused by damp. She is now stuck in a property that she cannot use half of and paying full rent with £1000's of personal furniture and clothing ruined. Would it be worth with holding rent? who would we claim her personal belongings that have been destroyed? any advice would be gratefully received

 

You cannot lawfully withhold rent. But, if you were to go down the claims route you can claim a rent rebate for not having full use of the property. Also consequential losses re destroyed clothes etc.

 

Take photos of everything and start documenting.

 

Get environmental health to come and do a report they can force repairs.

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Thanks everyone for your help, I have written a letter to the letting agency and the environmental health and things seem to be moving they EH are coming to look at the property on Monday and the letting agency have stated that they are willing to release us from the lease as soon as we want with no penalties etc so now all I need to do is see if we can get any of the damaged belongings and furniture replaced, I don't hold out much hope but if you don't try then you don't get.

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  • 2 weeks later...

Update

 

The EHO came around and agreed that the DPC had been compromised over an extended period of time and that it is no way my daughters fault and recommend the Land Lord release her from her tenancy agreement immediately and at no cost, they have subsequently agreed to this and have asked for a list with receipts for the damaged items so here is hoping. Once again thank you everyone for their assistance

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i had the same situation a while back and although the council got the damp and mould sorted by this means, my landlord then served notice on me so be aware they may also do the same to you.

 

I took out a complaint against the estate agent with the property ombudsman and they found the agent to be at fault in serveral areas and fined then £125...the ombudsman also stated that other areas where the responsibility of the landlord so i sent a letter to the landlord stating what the ombudsman had said and eventually got £325 back from them too. so once the eh have been and said there is a problem you may want to start the formal complaint with the obudsman and get some money back.

 

do you not have contents insurance that would pay for the damaged stuff, and possible legal aid with that?

 

So follow the correct procedures, se

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