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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6430
Experience:  Solicitor
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My home has had rising damp for over 5 years. the landlord

Customer Question

my home has had rising damp for over 5 years. the landlord has finally accepted this and has arranged for repairs. they claim it will only take 3 days and offer me a B&B but will not take responsibility for my processions or the moving of them. what are my rights
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you.

Why do they need to be moved? Cant they do the work whilst your belongings are there?
Do you want them all moved out?
Please note it may be the morning when I reply

Customer: replied 1 year ago.
the whole ground floor will be unusable and plaster is too be knocked out causing much dust that will effect my furniture and property. chemicals will be used. the landlord expects me to move furniture and cover it with plastic...i am not able to move furniture by myself nor do i have large quantities of plastic to cover all my stuff, plus there is now where to put all my furniture and property (as for example my sofa cannot go upstairs as it wont fit through the doors/stairway. They have offered me B&B for 3 days plus to pay no rent for that period. should they pay for removal and storage plus compensate me for the days taken to remove and reinstall furniture/property as this will also disrupt my quite tenure of property. they also know that I work from home so this will also be disrupted. i find it hard to believe that knocking out plaster, applying chemicals then re-plastering and re decoration will take only 3 days.... B&B is not satisfactory as i will have no where to go during the day plus nowhere to cook meals. rising damp has been outstanding for over 5 years but only after going to the environmental health did the agent then carry out a proper survey which determined that there is rising damp which needs addressing. what are my rights and what am i entitled to.please help as they plan to do this work commencing 1st nov 2016
Expert:  Jamie-Law replied 1 year ago.

If you dont want a B&B where you expect the Landlord to house you?

Customer: replied 1 year ago.
the land lords insurance should cover a hotel as B&B is not acceptable....where do i go during the day...wander the streets. Where do i eat. i will have no kitchen. Realistically, how long before the property is once again ' fit for purpose' after DPC throughout ground floor, considering the property has been left to get into a state of disrepair..... i thought i was paying you to inform me of what my rights are by law, not me telling you what i think should be happening as after all your the one with legal experience.
Expert:  Jamie-Law replied 1 year ago.

May I ask what the difference is between a hotel and a B&B in what you expect?
In a hotel you would also not have a kitchen?

Customer: replied 1 year ago.
i would be able to stay in all day instead of walking the streets and food would be available for all meals, nit just breakfast hat should be paid for by my landlady due to the inconvenience i am being subjected to as i will no longer have a kitchen....I'm surprised you are asking such simple questions when the answer is obvious. please investigate my legal rights as a tenant under the circumstances.....what is my lady lord responsible for whilst i am not able to reside in the property i pay for but am experiences being put out of my home due to their negligence of the property.
Expert:  Jamie-Law replied 1 year ago.

So what is it you want to achieve? Compensation? How much?

Customer: replied 1 year ago. not sure working with you is going to help. is there someone who specialises in private renting and relevant legislation other wise i think maybe you should reimburse my payment and end this discussion.
Expert:  Jamie-Law replied 1 year ago.

Yes I can help, but I need to know what is it you want to achieve.

What is the result you want? To stop the Landlord from doing repairs? To get rent reduced? To seek redress, if so in what form?

Customer: replied 1 year ago.
JUSTICE...getting the work done whilst insuring that my life is not disrupted unnecessarily. i am happy to vacate whilst essential work is done but to put me in a B&B for 3 days is not acceptable for reasons I've already explained. Do you know any thing about the Damp course treatment, the chemicals involved, plaster drying time etc....if so, you'd know that my home will not be fir for purpose for far longer than 3 days... how about investigating far I've had better legal advise from my 70 yr old nieghbour. so far you have offered nothing in the way of advise....this is NOT about getting loads of money. this is about my rights and stopping my landlord abusing my position
Expert:  F E Smith replied 1 year ago.

I will try to assist you with this.

I see the other expert has opted.

Unfortunately, the news is not good. As you will read here from Citizen’s advice, if the repair work is so disruptive that you need to move out, your landlord may, but doesn’t have to provide somewhere else for you to live while the work is being done. Hence, the landlord providing B&B is actually more than his statutory duty. I’m sorry, I know it’s bad news but that’s the situation. Here it is from Citizens Advice also.

Can I clarify anything for you? Please rate the service positive so that I get paid. We can still exchange emails. Best wishes. FES.

Customer: replied 1 year ago.
hi thanks for that....i had already viewed the CA site and have already seen this and had hoped you could offer something more landlord expects me to move back in to a home where the whole ground floor will have plaster drying throughout the winter months....the contractor says the best way to dry it out is plenty of ventilation. i had asked the land lord to address this issue back in the summer but they refused to acknowledge the problem until the environmental health officer told them to get a survey done . whilst the work is being done i cannot use the whole ground floor so have no kitchen to cook or use of my lounge or dining room ....
Customer: replied 1 year ago.
please stop referring me to further solicitors...i would prefer you refunded my money and cancel my monthly payment as i so far have not received any useful help. thank you
Customer: replied 1 year ago.
please advise that you are refunding my monies and have cancelled my monthly payment. Thank you
Expert:  F E Smith replied 1 year ago.

Although Citizen’s advice bureau are a non-fee paying organisation, their advice is generally to be relied upon.

I will refer your request for a refund to admin but meanwhile, the reason you haven’t received anything useful as you put it is quite simply because you are looking for a solution which legally does not exist. Sorry.

Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you.

Do you still need some help?

Customer: replied 1 year ago.
interesting you say i require a solution the legally doesn't exist when my local Councillor is now pursuing the issue and is getting the environmental housing officer to now take action against my landlord....
Expert:  Jamie-Law replied 1 year ago.

Great news. Best of luck if the council are taking action