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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70413
Experience:  Over 5 years in practice.
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One of our bedrooms has got mold in it. Our clothes has been

Customer Question

One of our bedrooms has got mold in it. Our clothes has been damage as well as our expensive foam mattress. The landlord says she has down her part by sending in a builder that prepaired a hole in the wall were the damp got in to the cavity of the wall. The builder also washed some parts of the waredrobe with anti bacterial/vinager. I'm concerned because my partner is asmathic and I have three young children in the house. There is still a very strong odure in the room and of the mattress. Can I get any support?

With kind regards

Helena
Submitted: 4 years ago.
Category: Property Law
Expert:  Remus2004 replied 4 years ago.
Thank your for your question. I will try to help with this.

What were you hoping to do about it?
Customer: replied 4 years ago.

FOR JOMO1972


 


Can I get any compensation from the landlord? Can they claim from their insurance company? It's not our fault that it was a hole in the wall that let the damp in.


 


We want to end the tenancy agreement.

Expert:  Remus2004 replied 4 years ago.
What type of contract are you on?
Customer: replied 4 years ago.

FOR JOMO1972


 


I did not get a reply from you?

Expert:  Remus2004 replied 4 years ago.
Thats because you haven't given me the information I asked for.
Customer: replied 4 years ago.

Can I get any compensation from the landlord? Can they claim from their insurance company? It's not our fault that it was a hole in the wall that let the damp in.


 


 

Expert:  Remus2004 replied 4 years ago.
Would it be possible to tell me what type of contract you are on?
Customer: replied 4 years ago.

Sorry, I did not see the question!


 


We are on a 6 months contract ending end of March. We have decided to leave the property at the end of this month.

Expert:  Remus2004 replied 4 years ago.
Has the landlord agreed to that?
Customer: replied 4 years ago.

FOR JOMO1972


 


We are responsible for the house, and to keep it heated, until the house get's let out again and a new tenant moves in. We still have to pay Two more months rent if the house does not get let out.

Expert:  Remus2004 replied 4 years ago.
Does that mean he hasn't?
Customer: replied 4 years ago.

FOR JOMO1972


 


Yes, that mean that she has not.

Expert:  Remus2004 replied 4 years ago.
If you are in the middle of an AST then I'm afraid that you cannot leave for this reason unless the landlord agrees.

That does not mean that you don't have other claims but there is no right to terminate an AST for this reason. It's pretty difficult to escape an AST. You usually have to show that it is literally flooded or gutted with fire damage.

You can bring a disrepair claim. I can give you more information upon that if you would like although that's not really what you asked about.

In terms of getting the work done, if the landlord refuses to act or will not act swiftly then you need to complain to environmental health who will issue an improvement notice to the landlord and in defaults do the work themselves at reasonable cost.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 4 years ago.

FOR JOMO1972


 


May I please get more information regarding "disrepair claim"?

Expert:  Remus2004 replied 4 years ago.
You can bring a disrepair claim.

With damp there is always the added complication of having to show that the landlord is responsible. Of course, damp can because by the living conditions of the property over which the landlord has no control.

If you can show that the damp either preexisted your tenancy or is caused by another factor than living conditions then the landlord is liable.

It's fair to say that you're not going to get very much for the fact of damp conditions but if damage has been caused to your property then you could reclaim its actual worth at the time of damage.
Customer: replied 4 years ago.

FOR JOMO1972


 


How do I start this process? Do I need to contact a lawer?

Expert:  Remus2004 replied 4 years ago.
No, you won't get legal aid for it. You would have to finance it yourself.

You can issue at the small claims court.

Do be aware though that you will be liable for his costs if it fails.

Customer: replied 4 years ago.

Thank you for your advise and help.


 


Helena

Expert:  Remus2004 replied 4 years ago.
No problem.

All the best.