Ongoing mould problem - landlord doing nothing
Ongoing mould problem - landlord doing nothing
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Tsippy

Original Poster:

15,078 posts

193 months

Wednesday 12th January 2011
quotequote all
About a year ago I started a thread on how to try and prevent the mould in our rented flat, a year on and we still have the problem and the landlord (a company) is washing their hands of it despite us doing everything they've advised mad

Weekly we're having to clean out mould that reaches about 20cm high from all of the external facing walls, and in the kitchen we have a load of mould under the kitchen units that we cannot access, however it has grown to the 'lumpy' stage from what we can see and again weekly, we're having to scrub the mould from the edges of the units as it makes its way on the flooring! Around the external walls the carpet is very damp so I am guessing that there is water ingress from somewhere which is causing the mould issue. Within the kitchen units, there are small puddles of water and the bases are starting to bend due to the damp within them.

The landlord is pretty much ignoring the problem saying "we'll get someone out to assess" each time we contact them and not actually sending anyone out to look at the mess, and another person in our block who asked about mould treating the walls due to a similar problem to us was told "Buy it yourself, it's not expensive and will only take an hour to do" eek

Another issue we're facing is that the heating is insufficient due to a lack of insulation, in December our kitchen was a mere 6*C,it was strange to feel 'heat' from the fridge furious In the lounge and bedroom with the heaters on full power we were still having to sit under a doubled-up blanket to try and stay warm. (temperature in the lounge and bedroom was 14*C with heaters on full)

At the moment we're trying to leave, but we need to save up for a deposit for the next place before we can do so (as you have to pay the deposit + a months rent in one go so it's not a small amount). However is it possible to claim back the deposit from the current property early due to the poor state of it which will enable us to leave early? Or can we refuse to pay the rent until the issues are sorted? I'm not sure if there's any laws or legislation which would help out before I send the request to the landlord.

Thanks in advance for any advice


fido

18,529 posts

279 months

Wednesday 12th January 2011
quotequote all
Environmental Health @ your local council - get them to check it out.

Tsippy

Original Poster:

15,078 posts

193 months

Wednesday 12th January 2011
quotequote all
Cheers, found the local website and it's a bit better than the last time I looked them up smile

If anyone else has any previous experiences with similar issues and resolutions, please post!

Wings

5,935 posts

239 months

Wednesday 12th January 2011
quotequote all
fido said:
Environmental Health @ your local council - get them to check it out.
The obvious comments from most posters will be, for you to get the balance right between heating and ventilation, but this is not always the easy option, since some properties through poor construction and wrong materials, will always suffer through “damp” mould problems.

I myself presently have a cottage property, that I rent out, that is suffering very badly with interior damp, paint and plaster blistering, through the wrong plaster having initially been used during a refurbishment some 20 years ago. Whilst I have given my tenant a drastic reduction in rent, when the tenant eventually vacates the property, all the plaster, render on the property will have to be removed, and re-plastered using a lime based plaster.

As the earlier poster posted, one’s local council’s environmental health officer is the person to contact, and under your AST, if the property is found by the council to be uninhabitable, then the LL is legally liable to find alternative accommodation for you/family etc.

If I were in the OP’s position, thinking about my long term health position, I would be seeking immediately alternative accommodation, possibly withholding the last months rental payment, both in protest and to secure a Deposit for my future rental accommodation.

mk1fan

10,856 posts

249 months

Wednesday 12th January 2011
quotequote all
Do Not withold rent.

Contact Environmental Health. If what you say is true then there's a serious defect to the property. It needs to be surveyed, the caused established and then rectified.

Even if you leave, EH need to know about it to protect any in going tenant.

If the deposit is in protected then the LL will have to justify any deductions from it. You can query these and the DPS will arbitrate. However, this doesn't happen instantly so don't rely on it to put forward.

I would extract yourself from the tenancy as quickly and cost effectively as possible. In order to determine this you'll need to know what type of tenancy you have. Easiest would be a Statutory Periodic Tenancy as you would only need to give 1-months notice. If you are still in the term of an Asured Shorthold Tenancy then does it have a break clause? If not you're prety much stuck until the expiry date - given the state of the property.

All the above assumes you're in England or Wales blah blah blah.

ETA: The above I am refering to getting out of the contract rather than the property - As WIngs says the LL has a duty to re-home you if the propert is unihabitable.

Edited by mk1fan on Wednesday 12th January 13:52

Tsippy

Original Poster:

15,078 posts

193 months

Wednesday 12th January 2011
quotequote all
Luckily we're on a rolling contract at the moment so only need a months notice smile Again the problem is getting enough of a deposit laugh

Interestingly, this problem has been ongoing for a number of years I believe as all of the other flats in our block have the same problem, and I think that the landlord company are basically relying on tenants moving out rather than sorting out the issue (ie have a rolling stock of tenants who get sick of the problem).

They claim that when a new tenant moves in that they repaint the flats as 'part of the package', however it seems that in many cases they paint over the mould that was already there as we found when some of our paint blistered and fell off the window!

A recent failed attempt at solving the issue was to move the storage heater to under the window, this heater subsequently failed and when the electricians returned they found that due to the mould on the walls that the plastic casing (white square box with the power cable in) was been forced off the wall. They admitted themselves that it's probably down to a lack of insulation that we're having these problems.


P.S I think we'll get Environmental Health involved as it's unfair that nothing is done to make this place livable and don't won't the next tenants having our problems.

Thanks for the advice smile Although I guess withholding rent can cause problems?

Edited by Tsippy on Wednesday 12th January 14:26

shimmey69

1,525 posts

202 months

Wednesday 12th January 2011
quotequote all
In regards to heating the heating needs to be capable of heating the home to above 18c so the eho at the LC will be a very good start!!

Tsippy

Original Poster:

15,078 posts

193 months

Wednesday 12th January 2011
quotequote all
shimmey69 said:
In regards to heating the heating needs to be capable of heating the home to above 18c so the eho at the LC will be a very good start!!
Good to know cheers smile

just checked in the cupboards and there's water dripping down from behind the kitchen tiles with thick dark green mould appearing where it wasn't before hurl

Is it worth getting pics of this too to keep an ongoing photodiary? We have photos of most of the mould so far, just wondering if it helps to gather evidence too as when EH come around we'd have probably cleaned the apparent mould due to our own health!

mk1fan

10,856 posts

249 months

Wednesday 12th January 2011
quotequote all
Tsippy said:
Interestingly, this problem has been ongoing for a number of years I believe as all of the other flats in our block have the same problem, and I think that the landlord company are basically relying on tenants moving out rather than sorting out the issue (ie have a rolling stock of tenants who get sick of the problem).
Even more reason to report it to the EHO.

Tsippy said:
Although I guess withholding rent can cause problems?
Not worth the hassle.

Wings

5,935 posts

239 months

Wednesday 12th January 2011
quotequote all
mk1fan said:
Tsippy said:
Interestingly, this problem has been ongoing for a number of years I believe as all of the other flats in our block have the same problem, and I think that the landlord company are basically relying on tenants moving out rather than sorting out the issue (ie have a rolling stock of tenants who get sick of the problem).
Even more reason to report it to the EHO.

Tsippy said:
Although I guess withholding rent can cause problems?
Not worth the hassle.
Once the Council’s Environmental Health inspected the premises, and if following the same served a Hazard Awareness Notice under section 28 & 29 of the Housing Act 2004. Then if the LL both failed to either/or both, put remedial works into operation, and/or provide alternative accommodation, then the OP/tenant would have reasonable grounds to withhold rent, serve Notice, particularly the last months rent, where a Deposit was in place to secure the AST.


rufusgti

2,572 posts

216 months

Wednesday 12th January 2011
quotequote all
Stop paying rent immediately. How much is your bond? Lets say its £600. Lets say your rent is £600pm. If you stop paying rent and the landlord wants you out he has to wait 2 months before even starting the proceedings to remove you. The proceedings can take anything from 4 to 8 weeks so potentially give you another 2 months rent. In this time you would have saved 4 months rent and even then if you refuse to leave he has to apply to get balifs to remove you. You should be in a position to save 2.5k to move on with. (if my rental guess is about right).

I dont think you will struggle to find new place if you have that kind of money to put down. Start looking now for nice places.

I'm a landlord myself and take pride in offering very good quality accomodation at an affordable and fair rate. If there are problems, they get dealt with. This results (usually) in happy tennants that are happy to pay rent. I'm sick to back teeth of hearing stories like this where people are being taken advantage of by greedy landlords willing to let substandard accomodation for ripoff rates and STILL refuse to deal with problems.

Stand up for yourself. Stop paying rent. find somewhere pleasant and safe to live and do to them what this agency and landlord have been doing to you for a year. Treating you like st.

Dont take this any longer. You pay for a service which you are NOT getting. Stop paying and move on.

C Lee Farquar

4,198 posts

240 months

Wednesday 12th January 2011
quotequote all
Without particularly wanting to put the cat amongst the pigeons...

I spent many years assessing condensation problems in dwellings. The constant thread was that owner occupiers were overjoyed that the problem could usually be controlled by good management and no expense (you rarely heard from them again) but tenants almost universally thought the landlord was shafting them and was trying to avoid expense.

rufusgti

2,572 posts

216 months

Wednesday 12th January 2011
quotequote all
C Lee Farquar said:
Without particularly wanting to put the cat amongst the pigeons...

I spent many years assessing condensation problems in dwellings. The constant thread was that owner occupiers were overjoyed that the problem could usually be controlled by good management and no expense (you rarely heard from them again) but tenants almost universally thought the landlord was shafting them and was trying to avoid expense.
Read his post. If he is being honest, then he's living in a place where mold climbs from behind the units and up the walls. A place he can not heat to above 14 degrees. I dont think "opening a window" is going to help him is it.

It's probably something simple like paper based cavity wall insulation or lack of dampcourse but frankly it shouldnt be the tennants problem. The landlord blatently knows this is going on.

mk1fan

10,856 posts

249 months

Wednesday 12th January 2011
quotequote all
Wings said:
Once the Council’s Environmental Health inspected the premises, and if following the same served a Hazard Awareness Notice under section 28 & 29 of the Housing Act 2004. Then if the LL both failed to either/or both, put remedial works into operation, and/or provide alternative accommodation, then the OP/tenant would have reasonable grounds to withhold rent, serve Notice, particularly the last months rent, where a Deposit was in place to secure the AST.
Deposits can only be used to cover unpaid rent if the AST allows - with out reading the AST neither of us can answer the question.

I'm not getting into a discussion about not paying rent. Too much case law supporting the LL - with the exception of very limited exceptions.

If the place is that bad and the LL doesn't play ball then the council will re house and the SPT will become frustrated.

CT22

2 posts

183 months

Thursday 13th January 2011
quotequote all
Hi I am a mould eradication specialist, there are two reasons why you are having the mould growth problem

1. the property could have a rising damp problem.

2. This reason is more common; the reason the walls are damp is because your property walls are below dew/condensation point, condensation will always collect on the coldest points on any wall, if you cannot heat the property to a temperature of 20*c ambient room temperature then the walls will not be able to store heat above dew/condensation point. it may be the heating system is not sufficient, the property could benefit from cavity wall insulation.

Do not clean off the mould yourself, it is a statutory class 1 hazard to health, this is the same class as asbestos!

Take photos
Contact the landlord and all contact should be noted and sent via recorded delivery and keep a log of the correspondance.

Contact the landlord and tell them that you will be informing the environmantal health department under section 11, 1A, of the housing act.
They are duty bound to clear any outbreak within 28 days.

Google Uk mould removal specialist and you will find my site

This is not an attempt to spam, I am a biker, I race enduro and own a further 3 bikes and a quad




dickymint

28,500 posts

282 months

Thursday 13th January 2011
quotequote all
CT22 said:
Hi I am a mould eradication specialist, there are two reasons why you are having the mould growth problem

1. the property could have a rising damp problem.

2. This reason is more common; the reason the walls are damp is because your property walls are below dew/condensation point, condensation will always collect on the coldest points on any wall, if you cannot heat the property to a temperature of 20*c ambient room temperature then the walls will not be able to store heat above dew/condensation point. it may be the heating system is not sufficient, the property could benefit from cavity wall insulation.

Do not clean off the mould yourself, it is a statutory class 1 hazard to health, this is the same class as asbestos!

Take photos
Contact the landlord and all contact should be noted and sent via recorded delivery and keep a log of the correspondance.

Contact the landlord and tell them that you will be informing the environmantal health department under section 11, 1A, of the housing act.
They are duty bound to clear any outbreak within 28 days.

Google Uk mould removal specialist and you will find my site

This is not an attempt to spam, I am a biker, I race enduro and own a further 3 bikes and a quad
Excellent first post. Welcome to PH, hope you stay around. thumbup

Tsippy

Original Poster:

15,078 posts

193 months

Thursday 13th January 2011
quotequote all
CT22 said:
Hi I am a mould eradication specialist, there are two reasons why you are having the mould growth problem

1. the property could have a rising damp problem.

2. This reason is more common; the reason the walls are damp is because your property walls are below dew/condensation point, condensation will always collect on the coldest points on any wall, if you cannot heat the property to a temperature of 20*c ambient room temperature then the walls will not be able to store heat above dew/condensation point. it may be the heating system is not sufficient, the property could benefit from cavity wall insulation.

Do not clean off the mould yourself, it is a statutory class 1 hazard to health, this is the same class as asbestos!

Take photos
Contact the landlord and all contact should be noted and sent via recorded delivery and keep a log of the correspondance.

Contact the landlord and tell them that you will be informing the environmantal health department under section 11, 1A, of the housing act.
They are duty bound to clear any outbreak within 28 days.

Google Uk mould removal specialist and you will find my site

This is not an attempt to spam, I am a biker, I race enduro and own a further 3 bikes and a quad
Thanks, very good to know and we'll inform them. I guess 14 months is more than long enough for them to control it....

We sent them another message yesterday and actually received a response that stated simply -

said:
"I’ve passed your email re. the damp to the relevant departments, it appears to be an ongoing issue, that clearing of the roof – from debris of leaves, to lessen the impact of stagnant water retention via the leaves, the leaves have caused some damage to the flat roof, as they have blocked the downpipes and the gullies to the roofing area.

An investigation is still underway regarding the level of and access of damp into your flat."
Would

said:
11 Repairing obligations in short leases. E+W.(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—.
(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),.
Still be valid as they've cleaned the roof? Or would the water ingressing to the kitchen and the rest if the flat still make it valid? (also have I found the right legislation laugh )

Thanks again for the help, it's much appreciated and I guess it's the duty of the landlord to clear any mould due to it being a level 1 hazard?







Edited by Tsippy on Thursday 13th January 12:44

Tsippy

Original Poster:

15,078 posts

193 months

Thursday 13th January 2011
quotequote all
Ref: Correspondance, we have conducted this via email and have a record since Nov 2009, will this be adequate evidence or do we need to use recorded post?

Also, do we need to inform the landlord company that we are contacting environmental health? Or can we just go straight to the EHO ?

Sorry if the questions seem silly, I've next to no experience in resolving problems with property!

Again thank you all for the help.

danrc

2,800 posts

234 months

Thursday 13th January 2011
quotequote all
Mould is really nasty stuff.

My flat mate go ill one year due to his room having damp and mould under the floor and the window.

I was ok as my room had the hot water tank in it as it was always a few degrees warmer than his.

14 months is a long time to deal with this, i'd be worried about my health living in a place that doesn't get above 14 degrees and has a serious mould problem.

Tsippy

Original Poster:

15,078 posts

193 months

Thursday 13th January 2011
quotequote all
Last year my partner was very ill with a cough which lead to her almost suffocating however as it was winter we thought it was probably a virus she'd picked up. Wonder if that was mould related?

Luckily in the summer the mould is not an issue as the warmer weather keeps this place warmer too, however if the temperature drops below 7ish*C we have lower temperatures indoors too so over Winter it drops VERY cold.