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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor.
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we have just moved from a private rented property that had

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we have just moved from a private rented property that had some issues with damp , this horrible odour has got into anything cloth or material everysingle clothing item smells .they had rising damp in the bedroom and our matteress were wet under side the woodenframe shows where the damp was rising and my wife obtained a letter from the doctor and he advised us toget out due to my wifes health . we were only in the property for three months but when my wife asked the landlord would his insurance help to pay for the cleaning of our contents his reply was "that wont happen" can i take him to court to recoup our expenditure back
LondonlawyerJ :

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

LondonlawyerJ :

Sorry I have just noticed this is a Scottish law question so am opting put.

Thank you for your question.
Whilst he might think differently, your landlord does have a duty of care to you. In the exercise of that duty of care he has to let his property in a condition that meets what is called the minimum standard. That standard includes the property being wind and watertight and also in a condition that is not likely to cause injury to your health or damage your possessions.
From your narrative your landlord has failed in that duty.
Accordingly you have the right to intimate a claim to your landlord and seek damages from him. Whether his insurer will deal with your claim depends what his insurance covers but in any event your claim should be directed to the landlord personally.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12179
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you