How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LondonlawyerJ Your Own Question

LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 778
Experience:  Solicitor with over 15 years experience.
76316425
Type Your Law Question Here...
LondonlawyerJ is online now

I have been living in a privately rented property for three

Customer Question

I have been living in a privately rented property for three years. I have a 2 year old daughter who has no ventilation in her bedroom which is has now invested her room and the whole house with mould. I have informed the landlord and he said if he was to make any repairs then the rent payable would be increased. Since moving in 3 years ago he hasn't made any repairs we have had to do it ourselves. He hasn't done a gas or electricity check since we moved in. Can you please advise what our rights are?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Customer:

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

Customer:

what is you tenancy status? Am I right in thinking that you are assured shorthold tenants whose fixed term has expired?

JACUSTOMER-n130zvgy- :

yes that is correct it expired after 12 months but he never despite asking him sent a updated agreement

Customer:

Ok it will be very hard for you to enforce your rights then. Your landlord is entitled to seek possession by simply giving you 2 months notice that he intends to do so. In theory he may well be in breach of his repairing duties if the damp is partly caused by structural/exterior defects or if it is caused by malfunctioning equipment. If it is simply caused by a lack of ventilation then he will to be in breach of his repairing obligations but you may be able to enforce with the help of Environmental Health Officers if the mould and condensation represents a health hazard (which it probably does).

JACUSTOMER-n130zvgy- :

am I within my rights to hold back the rent as its his responsibility to make repairs.

Customer:

As far as the electricity and gas checks are concerned he should have carried these out but if you have not suffered harm as a result you can not make a clam for compensation. The sad truth is that if you were to take legal action over any of these issues the standard landlord response is to serve a notice seeking possession, get you out, repaint and then get some other person in to suffer as you are.

JACUSTOMER-n130zvgy- :

can I withhold rent. We made the house liveable when we moved in. All repairs and improvements have been done by us. The boiler broke in march he came round and fiddled with it although he is not gas safe. Also 3 months after this it was still not repaired so I had to replace the boiler and took it out of his rent as we were living with no hot water with at the time a 12 month baby.

Customer:

Strictly speaking no. Also condensation (as opposed to structural damp) may not be something that he is under a contractual duty to remedy. ie it is not clear that it is his duty to remedy the problems. Also he will undoubtedly retaliate in the way suggested. How much deposit have you paid and is it in a deposit guarantee scheme?

JACUSTOMER-n130zvgy- :

we didn't pay a deposit as we had to do approximately £1000 worth of work to the house before it was even liveable

Customer:

Oh, well what was the agreement abut that, were you to get that money back at the end of the tenancy or did you just improve the property? I don't think in the absence of any other agreements that this will alter things.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions