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PaulG
20-05-2007, 08:47 AM
Hi,

I would really appreciate if someone could advice me.

I am a tenant in a private owned one-bed flat. However, most other units in the flat are owned by the council. I moved in on NoV06 and prior to moving in, there was a embedded leak in the bathroom and bedroom walls. The leak result in high humidity levels and making the flat very prone to mould growth.
The LL said that the council is responsible for fixing it and wrote to me on Feb07 saying that the council has agreed to fix it and will start the repairs soon.

However, up until now, the council has yet to contact me regarding the repairs (and this has been made known to the LL). What worries me now is that leak has got worse over the months, and new patches have started to appear in the living room. Since my AST ends in 2 month's time, I have already given up hope that the LL intends to fix it. Please may I know if:

1) the LL can sue me for negligence, claiming that the leak got worse as a result of the duration of my stay there;

My relation with my LL is very poor, it started when I just moved in into the flat. When I informed him that there were mould growth in the walls due to the leaks, he asked me to pay £1k in damages! Clearly sensing that my LL is trying to pull a fast-one, I reported him to the local authorities and he subsequently backed-off. Since then, we only communicate by email. My deposit is one month's rent (£800), and since my tenancy is ending in soon, based on the history of my LL's attempt to extort money from me, I am equally worried that I may not get back my deposit.

2) Is there any legal implication if I don't pay my last month's rent and ask the LL to recover it from the deposit?

Besides the leak that has gotten worse, I have kept the flat in excellent condition.

Thank you for your time.

Bel
20-05-2007, 11:04 AM
See comments

Hi,

I would really appreciate if someone could advice me.

I am a tenant in a private owned one-bed flat. However, most other units in the flat are owned by the council. I moved in on NoV06 and prior to moving in, there was a embedded leak in the bathroom and bedroom walls. The leak result in high humidity levels and making the flat very prone to mould growth.
The LL said that the council is responsible for fixing it and wrote to me on Feb07 saying that the council has agreed to fix it and will start the repairs soon.

However, up until now, the council has yet to contact me regarding the repairs (and this has been made known to the LL). What worries me now is that leak has got worse over the months, and new patches have started to appear in the living room. Since my AST ends in 2 month's time, I have already given up hope that the LL intends to fix it. Please may I know if:

1) the LL can sue me for negligence, claiming that the leak got worse as a result of the duration of my stay there;Only if you are responsible for the leak due to willfull damage or neglect and a s long as you reported the leak to the LL at the earliest opportunity

My relation with my LL is very poor, it started when I just moved in into the flat. When I informed him that there were mould growth in the walls due to the leaks, he asked me to pay £1k in damages! Clearly sensing that my LL is trying to pull a fast-one, I reported him to the local authorities and he subsequently backed-off. Since then, we only communicate by email. My deposit is one month's rent (£800), and since my tenancy is ending in soon, based on the history of my LL's attempt to extort money from me, I am equally worried that I may not get back my deposit.

2) Is there any legal implication if I don't pay my last month's rent and ask the LL to recover it from the deposit? You may be wise to do this. He may threaten court but with his history, it would be unlikely to work for him. Read http://www.landlordzone.co.uk/forums/showthread.php?t=4498 Because of the poor conditions you would be able to negotiate some compensation from him...

Besides the leak that has gotten worse, I have kept the flat in excellent condition.

Thank you for your time.

PaulG
20-05-2007, 17:43 PM
Thank you Bel for the advice.

It is an embedded leak in the walls, and the walls are gradually rotting by the day since the problem is not rectified. I assume this is not classified as neglect since LL is aware of the problem.

The LL claims that it is the council's responsibility to fix it, and there is nothing he can do if the council keeps delaying it (7 months delay to date). I did try asking for a 10% rent rebate until the problem is fixed, however LL says that the problem is already there when I moved in, hence I don't have a case.

Since the tenancy is ending soon, it doesn't matter to me if it gets fixed. But do you think I have a case for compensation in this situation?