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Just lost the long post id composed ffs!
Ok the short version.
Son, partner and 18 month old baby in their first rented property, been there about 6 months. They are young, naive and needed somewhere fast and this place seemed ok to them.
Now around 6 months on...
Has damp issues. Cellar unusable, anything put there has mould grow on it. They know previous tenant moved out over damp.
Rising damp in a living room wall. The landlord has just had a guy "tank" it with some sort of paint on product. The builder hired to do so said it had no chance of curing it to my son, off the record.
Landlord owns 30+ properties and just says that it's a Victorian property and "they are all like it."
Cutlery with wooden handles in kitchen has mould grow on it.
Other rooms have black mould growing in various corners.
Landlord wants 8 weeks to see if the tanking applied to one wall works. The basement simply deemed unusable.
The property has had the minimum money spent on it for decades. You can just tell. Everything is a bodge, electrics, you name it.
My son/ his partner want out but have a £1k deposit held by a third party.
They happen to know a guy that surveys properties for damp. He's done them a report foc. Sounds pretty damning, the property needs a lot of work.
They have viewed another place they love so time is of the essence.
So should be...
Give landlord the report, move out and hope to get deposit back through small claims or such? They would have the report and they have picture of all the camp issues. I have no idea what to recommend to them.
Help!
Why wouldnt they get their deposit back?
If they have been in their 6 months, how much notice does their contract say they have to give? They arent trapped there, if they dont like it they are allowed to move?
how much notice does their contract say
I'll ask, thanks.
Aren’t most properties let on a 6month then rolling month?
I had this about a decade ago, viewed a property mid summer and it was fine, went to move in 6 weeks later after a month of heavy rain and it was soaking with salt crystals coming out the walls, mould starting to grow etc.
A friend who was a lawyer gave me some text referring to some housing acts which allowed me to break the contract. Sadly as it was a long time ago I don’t recall the details or have a copy, but I think refusing to be bullied and quoting legal acts might make the land lord decide to cut their losses?
Standard notice after Assured Shorthold Tenancy contract expires in England and moves to rolling periodic tenancy is one month by tenants, two by landlord iirc.
I can’t advise on rental legalities, but…
They’ve been in for 6 summer months, the last month has had ridiculously low rainfall and they’ve got damp issues?
Sounds like a leak.
Anyway, the best advise to give them to solve immediate issues is to ventilate. Avoid drying laundry indoors. Actually use the extractor fan when cooking/showering. New home owners(edit, sorry tenants) often haven’t the experience to know this.
As above, if they have been in 6 months they should now be able to just give a months notice. Start looking now and if they find something they like they should be able to get in before Christmas.
The last house we rented before buying was fine until we turned the heating on. Fleas started coming out of the carpets and it stank of cat piss. Wife was 6 months pregnant at the time so I didn't give the letting agent a minutes peace until it was sorted, new carpets throughout.
£1k deposit held by a third party
If your son has an assured shorthand tenancy (AST), deposit must be held in gov approved scheme https://www.gov.uk/private-renting/deposits and they will arbitrate any dispute about repayment of deposit.
If an AST but deposit not held in approved scheme, landlord is acting illegally.
If not an AST, landlord holds all the cards - other than your son's possible recourse to council on environmental health grounds; see comment below.
As for bollocks statement that all Victorian houses are like that; no they're not - they were built to ventilate and the problem is lack of appropriate maintenance.
Tell landlord the property is unfit for human habitation; check notice period in contract - assuming there is one - and issue written notice as required by contract; contact council environmental health re dampness and mould.
Your son must take multiple photos for the record; did he take any when they moved in - to show then and now.
You could consider contacting local media - invte them around, show photos, question whether any other of the landlord's properties are likely to be better maintained; set up FB page and invite comments from tenants in his other properties.
if they have been in 6 months they should now be able to just give a months notice.
I don't see why they wouldn't do anything other than this really. It doesn't need to get hostile. Write to landlord agree a date.
Really? So the next family with kids/baby have the same problem? Surely, even in this ****ed up day and age, there must be someone on the local council that can do something about this.
No. Just tell them to get the hell out and try to erase it from their memories. Tenants in England ( soz if not E, I was) can be treated like shit with utter impunity.
We had audibly dodgy electrics.
Fake gas safety cert.
Neighbours complaint of drowsiness/ headaches when we had the gas fire on.
Landlord stealing water.
Landlord entering the house unannounced.
We tried various official agencies and got nowhere.
Actually, that's not quite true, we got evicted, just before Christmas.
Then had the nightmare of trying to get our deposit back.
Landlord needs a valid EICR for the electrics. Could be in for a big fine if he hasn't got one of those.
He legally needs other safety certs too which it sounds like he might not have?
As others have said, deposit needs to be in government backed scheme. If he hasn't done that, again he could be in for a big fine.
I'd have thought the minimum fuss option is to just give a month's notice and move. But if the house is really 'uninhabitable' then presumably they should not be paying any more rent for the remaining month.
Landlord needs a valid EICR for the electrics. Could be in for a big fine if he hasn’t got one of those.
He legally needs other safety certs too which it sounds like he might not have?
As others have said, deposit needs to be in government backed scheme. If he hasn’t done that, again he could be in for a big fine.
Yeah, in theory.
In practice they can pretty much do what the **** they want.
Give landlord the report, move out and hope to get deposit back through small claims or such? They would have the report and they have picture of all the camp issues. I have no idea what to recommend to them.
I'm surprised there is even a question here. Their health and that of their baby is worth much more than a £1k deposit. Move out as quickly as possible then argue over the £1k (although posts up above would suggest that even that shouldn't be too big a fight)
Rising damp in a living room wall.
That's highly unlikely. It'll be poor ventilation, tracking, or a leak, in about that order.
Landlord owns 30+ properties and just says that it’s a Victorian property and “they are all like it.”
They're all like it because modern building practices are death to old houses. Victorian properties were intended to breathe, if you hermetically seal up the place it'll be pissed wet through in no time. #AskMeHowIKnow
My son/ his partner want out but have a £1k deposit held by a third party.
The point of this third party is a legal requirement to protect the tenant, not the landlord. It would be difficult to withhold its return.
They happen to know a guy that surveys properties for damp. He’s done them a report foc. Sounds pretty damning, the property needs a lot of work.
I'm sceptical here but, it's not their problem.
They have viewed another place they love so time is of the essence.
Just leave, then. You're overcomplicating this. Give the landlord their month's notice and go.
No coating is going to prevent the damp more than short term. It will eventually get through. Sounds like it's probably just one of the damp/stain proof products.
If they can the check guttering and roof. Only needs to be visual. Missing tiles, water flowing down walls, cracked render and so on. At least it will pinpoint a cause to tell the landlord.
Dehumidifier may be an option. If mould is in bathroom and kitchen that may help.
Older houses do have issues but things shouldn't be going mouldy. Our 1890 house occasionally has damp. Bits of paint damage, wood needing replacing and so on. We do it as regular maintenance and fix the cause. The issues should be fixed by the landlord.
If the landlord is being difficult and the property is t great then best to cut losses and move on. Should be no issues with deposit - government backed scheme. Big fines for landlord if not used.
I hated renting for this reason. Had some nice houses with reasonable landlords and some absolute dicks as well.
Agree with last few posts. Give notice now, move out in a month.
I've had this situation from the other side, as a worker for the Landlord. I worked for a Social Housing Assn.
Of all the damp issues we come across, most were of the Tenants doing. There were a few that were leaking roofs getting into brickwork, and occasional leaking pipes causing problems, but the vast majority were tenants not letting any ventilation in the house.
One woman, who was obnoxious, was complaining about the damp, and how she couldnt live there, and she couldnt even go into her bathroom as it was so damp, we went in, and found 4 pairs of dripping wet jeans on the radiator, drying out. others had a standard, non condensing tumble dryer, not vented, running in the kitchen. Where did they think all that water was going to go to.
One Lady who complained a lot, had black mould in her bedroom, and bathroom. We fitted a good quality constantly running extractor fan, and got called back a few months later. Mould again. The fan was off, and all window vents were closed. Of course its going to get damp without ventilation.
^^^^^^^^
That's a good point. I've had 4 sets of tenants in my flat over the years, only had damp problems with one set.
But I also lived in a flat where my flatmate's clothes went mouldy in the wardrobe. LL dismissed it as 'a bit of condensation'. We moved out.
Like others have said, give a months notice and move on
My experience is like the last couple of posts though, seen old victorian terraced houses with bad mould and each time it was due not opening windows/ vents, drying clothes indoors, hanging wet stuff, shower/ cooking and not running extractor
As above work in a few rentals and people who rent have no material interest in the property usually, so first few months of tenancy all going ok, then maybe a missed rental payment by a few days, letting agent sends a letter, then next month the same, tenant makes a counter claim about damp, or heating electrics faulty, both fixed, damp persists, rent with held, tenant then either doesnt pay the rent or writes to various forums for advice, rent not paid again,
Landlord/builder visit and notices the air is damp,all windows closed, condesation on them , mould on frames, extractor fan not used in bathroom, bathroom walls and ceiling black damp,clothes drying on radiators or clothes airers, heating on low or not being used correctly.
and the claims begin , until they move out or are evicted told to go
For context they've been opening all the windows they can when indoors over Summer. The one for the cellar is always open as instructed by the landlord as is the door leading down to it... Though that makes the whole house smell. That's what the landlord said to do though, so they complied.
The house has a patchwork of repairs to the external roofing which was apparently done after the last tenant moved out. Ok no bunker but it looks like it was done with little card and is already deteriorating. The neighbour says the last tenant moved out in part due to the constant damp/mould issues.
My son bought a dehumidifier for the basement, clothing is always dried outside unless bad weather and they've been keeping on top of the mould as best they can but it just comes back.
They have never missed a payment day for rent or anything like that. They didn't even give the landlord any grief when they were left without power for almost 2 days (in most of the house) when they first moved in due to an electrical problem. It took 2 days for the landlord to get back to them.
Not being biased here, they are model tenants. They've repainted most of the rooms as the landlord did it himself with whatever paint he had laying around. I even helped my lad lay a new lawn as the garden was just a mud pit. Don't mind any of that in itself of the property was ok but it just isn't.
If anything they've added value to the property which I find rather annoying.
I'll be telling them to give 28 days notice and move on I think and thanks for all the help guys. I knew stw wouldn't let me down.👍
I'll let you if there are any other developments. Thanks again.
Check for blocked up air bricks around the exterior
Also check for blocked window vents or drains. The old guy who lived in mine felt the cold so tried to hermetically seal the place by sealing it with silicone sealant
Then gaffer tape a phone to a pole and check up around Guttering and downpipes. People seem to forget they all hsve the ability to survey a property at zero cost, up close and in hd.
I would close that cellar door and run the de humidifier and bleach all the mould with a chlorine wipe down,
And always try to have a window open, bet bath towels are let to dry on a towel rail im the bathroom witj a shut window etc
If they are at 6 months, just give notice to leave.
Collect deposit from holding organisation as they go. The holding organisation will tend to favour the tenant, particularly if they have photos / report etc.
End of things for them.
Crappy for next tenant.
England needs the equivalent of Repairing Standards, Landlord Registration and the fines that go along with it as we have in Scotland. That said, many manage to not meet a fairly basic standard up here (i.e. safe, dry, warm, private)
^^^^^^
Don't disagree with the Repairing Standards legislation. They also need to bring in legislation to clamp down on rogue/inadequate traders through. It doesn't sound like the case here but it's just possible that the landlord has tried his best to get the issues sorted and has been let down by rogue/inadequate contractors.
Tell them to find another place and GTFO.
It'll be the lowest stress answer to the whole thing.
Pregnancy involved, health is priority, no reason the deposit should not come back.
Commercial residential landlord here. (As in I run a company that happens to own some residential property, it's not our main business, but I've ended up becoming the person responsible for it) England, and assuming this is England. I am not a lawyer but have dealt extensively with this type of issue.
This is one of many areas where the law is not helpful to tenants at all.
As mentioned above, if the landlord can show they have identified the problem and taken adequate reasonable steps to remedy it is difficult for them to land in any hot water.
However I would as a first port of call contact your local authourity (LA) environmental health dept with a responsibility for housing. Depending on LA they may come and have a look and put some pressure on landlord, or if you are lucky, worse.
Meanwhile, document everything to cover deposit issues.
Question: has landlord given tenants the required documents under the TDS?
Then find somewhere else, hand in notice and GFTO.
I would be super cautious about ignoring the law here regarding notice period and timing.
Tenants must give 1 full rent period notice before a rent period ends, so if the rent period is monthly on 1st of the month, then if they give 1 month notice today the 30th to quit at the end of October, then thats fine. (it could be 4 weekly).
If they give it tomorrow on the 1st, to quit at the end of Oct then it is invalid, and probably not valid for the month after unless they specifically say they want it to end at the end of Nov. So they could give notice today or tomorrow or any time up to end of October to quit at the end of Nov, assuming rent day is 1st.
PM me and I'll send you a notice form. I can also look at contract if you like.
They’ve been in for 6 summer months, the last month has had ridiculously low rainfall and they’ve got damp issues?
Sounds like a leak.
Could be many things, if the cellar is freely ventilating to the outside it has been humid in the warm dry spell and it condenses on the cold stone of the cellar
Pete Ward on YouTube for old house damp advice
My son bought a dehumidifier for the basement
Is it a good one?
A high-quality dessicant dehumidifier running in the main living areas will work wonders to prevent more damp/mould.
Perhaps landlord could be persuaded to stump for it?
I had noise issues with a rented place.
In the end I got sick of it, and told the landlord was moving out and not paying my last months rent and instead they should just use my 6 week deposit.
Landlord said I couldn't do that. I said "I know" and did it anyway.
I still cleaned the house etc. before leaving.
No-one chased me for any money. IANAL but I think they can only claim lost rent anyway, and they'd have to show they tried to let it when you told them you were leaving.
This probably sounds quite harsh, but this flat was above a DJ who got back every weekend at 2am on Friday and Saturday and had drug fuelled parties with thumping music until at least 7am.
A high-quality dessicant dehumidifier running in the main living areas will work wonders to prevent more damp/mould.
This one is superb:
I know the answer is "move" rather than "get a dehumidifier" but just in case anyone else is looking at getting one,
I got the same one only the "junior" version, the only difference is filters I didn't need because it was going in the cellar. There's a thread on the forum somewhere, the consensus was that there was Meaco and there was everything else. And it's great.
What I didn't spot before I bought it is that it can extract eight litres a day... and has a two litre tank. I was running up and down the stairs three or four times a day. If it's in a very damp area then you really need to consider external drainage which wasn't an option underground.
What I did in the end was get a 75L drum to drain into, a Wi-Fi enabled damp meter dangling into it, and a smart plug which would then cut the power when the meter alarm trips so that a full drum doesn't start flooding the place.