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View Full Version : Smal Claims Court action for recovery of rent.



benella77
24-09-2011, 11:45 AM
Your help please.

I moved out of a property in March that had a damp and condensation problem. The main issues where that the master bedroom could not be used due to black and white mould growing on the walls. The landlord recognised this issue and decided to remove the wall paper after it fell off the wall and re paper and paint. The room was not useable for around 4 months and up until i moved out of the property.In addition paint used to peel from the walls in the bathroom even thought I ventilated it well after each use, this was attributed to a flood in the property before I took ownership due to blocked drains.
There was also damp patches on the walls downstairs but i was told that this was due to lack of ventialtion and the heating not being on all the time. I also had to constantly run a dehumidifier provided by the landdord but at my expence due to the electricty that it used.
The landlord says she entered the property on many occaisions and has photographic evidence of the temperature in the property and that the windows where not ventilated although i did not give them permission to enter the property.

The return of my deposit was disputed down to carpet cleaning and went to disputes resolution, eventually this awarded to the landlord due to me not being able to supply a reciept for the work although the report basically says that they where at fauld and could not prove their allegations of the clenliness of the property.

I wish to know if I can reclaim rent paid for a master bedroom that I could not use due to the repairs being carried out. I have photographic evidence of the condition of the room.

Many thanks for your help.

westminster
24-09-2011, 13:05 PM
You would not be 'reclaiming rent'; you would be claiming damages for disrepair. Such a claim is possible but you'd need more evidence; photos aren't enough to prove the room was unusable for four months.

N.B. £1,000 is the limit for disrepair claims by a T against a LL in the small claims track, so if you claimed for more than that it'd be essential to get legal advice.