PDA

View Full Version : please help need advise with living with damp



kezz_w
03-03-2010, 14:08 PM
hi i have a few issues with the property im in. i never noticed any of these problems when i moved in and now im stuck with them. i have a 3 year son aswell and im worried about our health i have ashma aswell.
In november i started to notice damp appearing in places an a funny musky smell every now and again. I live in a ground floor flat. It started cause a gutter at the front of the house had come loose an pours down onto my window seal which is my bedroom, the windows are really old aswell and all the wooden window seals in side are thick with black mould all round the windows on the walls are covered in black mould. Ive had to move my funiture because it was starting to get mouldy and i had to throw alot of things away.
Then also in my sons room i wallpapered is back wall only for it all to start coming away from the bottom with mould again now in his room. He has rails on the floor under his bed which have grown green fluffy stuff on them aswell. I also had to move his room around because i started finding stuff with mould all over them. I also have window in my kitchen that has a massive draft because it needs new seals and mould growing in my living room.

Now i reported this to my landlady in november, in which she seemed lovely and sent some guys she new as builders out a few weeks later to have a look and report back to her.
Now they said the windows in my bedroom needed replacing and the guttering needed fixing and a radiator needed to be put under the window.

my sons rooms comes off the kitchen so which also has a boiler in there and they said he has no vents in there at all so need to put some in there and a radiator needs to go on the wall where the mould is.

plus a fewer other jobs needed to be done. Now this was in november the builder guy has since been bac in december to measure the windows and that was it. My landlady has said she is waiting on the sale of a house since november and does not have the funds. She hasnt got back to me for a month but have recently found out it could now be months before she can do anything. Im so frustrated because im having to live in this with my son and it really is starting to affect us. we seem to constatly have a chest infection and i dont no what i can do next.
Surely if im renting the property im not supposed to rent like this wheather she has the funds or not. I dont know what my next steps would be because i just dont have the money to move yet. please help!!

westminster
03-03-2010, 14:27 PM
Contact the environmental health officer at the local council. They can take action to force the LL to carry out repairs (if the disrepair is causing a health/safety hazard).

You should have been given a gas safety certificate when you moved in.

kezz_w
04-03-2010, 13:31 PM
thanks i have now done this and they are due to call shortly.. i was more worried about having a bad realtionship with her if i was to do this and for her to kick me out.. i didnt want to give her the hassle. I have to do this because its just gone to far and like i said before it is really starting to affect us.
Further to contacting them i have carried on trying to find out information and i have come across that now i have done this she can order a s21 for any of her own reason is this completely true?? Im now slightly worried even more so now.
following this when i moved in on the day, i was due to pay 1month deposit an 1 month in advance, but she changed it to 2 months in advance instead because she doesnt find the deposit sceme very good when i tenant would like to move.. so is it easier for her to throw a s21 on me now??
sorry i really am just worried what i have got myself into now.

westminster
04-03-2010, 13:41 PM
Further to contacting them i have carried on trying to find out information and i have come across that now i have done this she can order a s21 for any of her own reason is this completely true??
You cannot be evicted before the end of the fixed term unless you breach the contract by not paying the rent. When did your tenancy begin and how long is the term?


following this when i moved in on the day, i was due to pay 1month deposit an 1 month in advance, but she changed it to 2 months in advance instead because she doesnt find the deposit sceme very good when i tenant would like to move.. so is it easier for her to throw a s21 on me now??
A s.21 notice in not valid if the deposit is not protected.

Just because the LL called it 'advance rent' doesn't mean it is not a deposit, but you need to give me more info about it.

You say you paid two months 'in advance' when you moved in - did this cover the first two month's rent, or did you have to pay the rent as normal for the second month? What does it say about a deposit in the contract?

And just to confirm, do you have an assured shorthold tenancy in England or Wales, with rent less than £2,083.33 per month, and a non-resident landlord (i.e. the LL doesn't live in the same house)?

Ericthelobster
04-03-2010, 13:41 PM
i have come across that now i have done this she can order a s21 for any of her own reason is this completely true?? Im now slightly worried even more so now.Yes, I'm afraid so, subject to a few preconditions about your tenancy (not before the end of your fixed term tenancy though - eg if you have a 6-month agreement, then at 4 months in she could give you your 2 months' notice without reason (ie via S21).

I can see why you'd call in the EHO as you shouldn't have to put up with what you have, but a 'retaliatory' S21 is always possible. Best thing you can do is stay as polite and non-confrontational as possible with your landlord, and hope she realises you haven't acted unreasonably and won't move to turf you out.

kezz_w
04-03-2010, 15:55 PM
hello,
when i moved in i payed as normal which would make it only 1 month ahead so at the end of my tenacy she would owe me for that last month..
Also I was told by the agency and her it would be a 12 month agreement with a 6 month break clause.. I have been here since beginning of august.
Although i have just read my contract and it states:

initial term of tenancy will be; 6 months
commencement date; 7 august
expiring; 06 feb 10

So does this mean there should have been another contract for the following 6 months?

Also states rent; two months rent paid inadvance

under 1.11 about the security deposit
It states; is to be paid to the landlord on or before the signing of this agreement; 0.00 pounds

The rent is also below that what you said and the landlord does not live on the premises..

westminster
04-03-2010, 17:47 PM
hello,
when i moved in i payed as normal which would make it only 1 month ahead so at the end of my tenacy she would owe me for that last month..
Do you mean that when you moved in on 7th August you paid 2 months' rent 'in advance', then on 7th September you paid another month's rent, and so on? If so, it is likely that the additional month's rent you paid in August is in fact a deposit because it is money being held as security (and therefore should have been protected).

This would mean that the landlord cannot serve a s.21 notice on you, at least not before the money is protected in a scheme. So, if you're keen not to have to move out, don't say anything to the LL about deposit protection unless she tries to serve notice on you - it won't ultimately stop her, but it'll delay things a bit, especially if she doesn't believe she has to protect the money.


initial term of tenancy will be; 6 months
commencement date; 7 august
expiring; 06 feb 10

So does this mean there should have been another contract for the following 6 months?
No, after the fixed term ends, the tenancy automatically becomes what is called a periodic tenancy (if a new contract isn't signed). Basically, this means that the tenancy continues on a monthly basis, and the terms of the contract stay the same, except for notice. LL must give you at least two month's notice, in the form of a s.21 notice (but LL can't serve notice if the deposit isn't protected). You only have to give LL 1 month notice.

Paul Gibbs
04-03-2010, 18:50 PM
This would mean that the landlord cannot serve a s.21 notice on you, at least not before the money is protected in a scheme. So, if you're keen not to have to move out, don't say anything to the LL about deposit protection unless she tries to serve notice on you - it won't ultimately stop her, but it'll delay things a bit, especially if she doesn't believe she has to protect the money.



Agree. In fact if you really wanted to delay things you could not point out the error until there is a court hearing.

Ericthelobster
05-03-2010, 08:04 AM
Agree. In fact if you really wanted to delay things you could not point out the error until there is a court hearing.This doesn't affect the OP's original concern that she might be evicted as a result of bringing in the EHO, though - just makes the process longer.

kezz_w
15-03-2010, 23:19 PM
Just would like to thank every one that has replyed on there great advise..
Just a little update.. still nothing has happened..I have EHO due to call on the 23rd which is lucky really because things are getting worse here an its been 4 months since the day i first reported it.
My boiler decided to break down mothers day which was great, so i called the landlady up an she answered i told her that i had no hot water and every now and again the boiler would decide to work just firing up and then cutting out.. she was really nice letting me know she would call me first thing this morning and guess what nothing again.. I was getting a little fustrated but was giving her some time just incase she was trying to get hold of a boiler man.. Now its lunchtime was doing the bedroom out changing the sheets and noticed it seems an odd colour, so decided i would lift the mattress up to check it and to my horror the bottom of the hole mattress was covered in mould spores.. now i have asthma and i have been sleeping on that.
So i ring the landlady straight to answerphone this time left her a message asking if some one was coming for the boiler and now informing her about my mattress and i have once again had no call back allday. I tryed again this afternoon but just will not answer.
Also the EHO who will be coming round is on leave till monday so i cant tell no one. So im sleeping on the sofa.
Im off to citzens advise this week and have completely had enough. Shall let u know how it goes once the EHO have been..
Just wondering also is there any other action i should be taking??
many thanks

jta
16-03-2010, 07:29 AM
You should realise that most mould problems come down to lack of ventilation.
There is a lot of advice on the forum about how to deal with it for yourself, just do a search for 'mould'.

kezz_w
17-03-2010, 13:50 PM
Message For Mould Pro..

Hello thanks for the helpful advise you have given me regarding the mould in childs bedroom. You asked me to pm you if needed any advise unfortuantly it wont let me because i do not have enough posts as yet, I wondered if you could just give me a little advise on my mattress? The problem im wondering is.. the mould on the mattress is green/greyish fluffy stuff all over the bottom side of the mattress. Now can this be cleaned? if so does it need to be cleaned with special equipment? or is this a health risk either cleaned or not?
Would this be caused by condensation or is this more a damp problem?
I would really appreciate if you could get back to me about this as i dont know how to go about it with my landlady.
many thanks