Letting agents - more woe

Firstly, write a letter to letting agents asking for a reply in writing explaining the situation so you get a proper response in writing. Refer to the tenancy agreement in terms of damage to the property and it being the landlords responsibility to resolve and also any other comments you have received from CAB. If you do have a 'builder friend' call them out to assess the room and get them to write you a letter explaining what the problem is (again you have this on paper). Then write a letter saying you would either like to move out or you are not going to pay any rent for this period as he is in breach of contract. It is not acceptable to live in these conditions and that you are voiding the notice period if you chose to move out. Take landlord to small claims court to settle outstanding deposit/monies if appropriate. At this stage you have an independent body who has assessed the living conditions, you have the poor response from the the letting agents and you have your refusal to pay for any rent at this stage all down on paper. If you do have to go to a small claims court to get your deposit back it will be a much clearer case rather than several phone calls. Also, take photographic evidence of damp marks/damage etc. Unless the landlord/letting agents have sent an outside building company to your address, they are not in a position to assess what is required.
 
Lysander said:
If the damp had been created by you through your own neglect, then it would be your problem. Was an inventory check-in done at the start of the tenancy? Is there any written documentation that mentions the damp being there before you moved in?
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to my knowledge (I'll have to check later) there's no record of any damp on the inventory, but if it's been covered up then we won't have been able to spot it when we made amendments to it.

We grudgingly keep the windows open and heating on as much as possible (our downstairs neighbour says that this could all be sorted if we had the right sort of double glazing in that room) but I don't see that as a long term solution - it certainly isn't cheap! we've done everything they suggested to do to keep it away but it just hasn't worked.
 
Sic said:
to my knowledge (I'll have to check later) there's no record of any damp on the inventory, but if it's been covered up then we won't have been able to spot it when we made amendments to it.

We grudgingly keep the windows open and heating on as much as possible (our downstairs neighbour says that this could all be sorted if we had the right sort of double glazing in that room) but I don't see that as a long term solution - it certainly isn't cheap! we've done everything they suggested to do to keep it away but it just hasn't worked.
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Which room is the damp in? If there's no mention of it anywhere things could get a bit sticky. How soon after you moved in did you notice it?
 
as soon as it started getting cold and mould started appearing. If it was in the inventory we'd never have moved in! it's in the bedroom
 
Sic said:
as soon as it started getting cold and mould started appearing. If it was in the inventory we'd never have moved in! it's in the bedroom
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OK, by the sounds of it it's your landlord's obligation to sort this out. Start putting things down in an email to the agent, detailing the problem and asking them what they intend to do about it since it's costing you money and you're having difficulty sleeping. If they don't reply within a couple of days, send another. If they still don't reply, say you'll withhold rent. There are loads of ways of sorting these things out.
 
Lysander said:
Which room is the damp in? If there's no mention of it anywhere things could get a bit sticky. How soon after you moved in did you notice it?
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i dont agree with this. if they turn around and say its your fault then as long as you have tried sorting the problem (using de-humidifier / leaving windows open etc) then it is the landlord resposability to sort this out.

is the propeorty being managed via the agent?
 
it's managed by a company employed by the owners of the property. contracting work is organised by the letters, but the actual management is down to the owners
 
yeah, if I enter into correspondence with them, it'll be typed and posted. I know how easy it is to fake emails ;)
 
Stinky said:
as you have tried sorting the problem (using de-humidifier / leaving windows open etc) then it is the landlord resposability to sort this out
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Erm, afraid not. What else would you apply this to? Tenants who chip sinks, stain carpets, tear lino? If you went to the landlord and said "I tried to sort it out!" then they're unlikely to pick up the bill for you. If it's not mentioned in the inventory it's going to be harder to sort out, but writing to the agents and pinning it on them or the landlord before they have the chance is likely to work.
 
Stinky said:
i dont agree with this. if they turn around and say its your fault then as long as you have tried sorting the problem (using de-humidifier / leaving windows open etc) then it is the landlord resposability to sort this out.
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but for me, the issue lies with the definition of 'sorting it out'
if he is going to paint over it, or just sugar soap it off that isn't going to solve the problem
we have about 6 months left of our tenancy, if there is damp - covering it up may improve the looks of the room - but it wont be any better for our health, or our heating bill.

we are reasonable people, this has been an issue for months, we have reported all problems as documented we should in our agreement (i.e. - reporting it to the letting agents and their maintenance people) - we are only getting upset now that it is costing us an unreasonable amount of money, and becoming detrimental to health
 
Lysander said:
Erm, afraid not. What else would you apply this to? Tenants who chip sinks, stain carpets, tear lino? If you went to the landlord and said "I tried to sort it out!" then they're unlikely to pick up the bill for you. If it's not mentioned in the inventory it's going to be harder to sort out, but writing to the agents and pinning it on them or the landlord before they have the chance is likely to work.
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sorry i disagree again. things like damp are not caused by the tenent. the damp is caused by the structure of the building. however mold which could be caused by drying washing in the bedroom with no windows open for example would be the tenents fault. this could be sorted by a de-humidifer, damp is a structural problem more than anything, this is then down to the landlord
 
Stinky said:
sorry i disagree again. things like damp are not caused by the tenent.
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Funny that, tell it to my girlfriend! We actually managed to cause damp in our last flat. It was totally our fault and we had to pay for it. With Sic the situation is different since it's hard to work out where it came from. I agree overall in that it's the landlord's responsibility, so it's important that they get something in writing to the agent.
 
Lysander said:
Funny that, tell it to my girlfriend! We actually managed to cause damp in our last flat. It was totally our fault and we had to pay for it. With Sic the situation is different since it's hard to work out where it came from. I agree overall in that it's the landlord's responsibility, so it's important that they get something in writing to the agent.
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how did you cause the damp? i have never heard of anyone sayign that before in the agency i work in lol.

cant see how you've managed that lol
 
leaving heating on and windows on constantly isnt acceptable, its a security risk and waste of energy, ventilation must be installed etc etc. Got more airbricks put in our flat to try and counter it, flatmate still complains that its damp but i dont really notice it, depends on rooms usually.
 
so how does one fix this problem?

Stinky you say its in the structure of the building?

op shouldnt have to use a dehumidifier (unless the landlord is willing to pay for it)
 
My next step would be to threaten the letting agency with environmental health. You've put up with this for long enough, and having the heating up with windows open isn't a viable long-term solution, it's a temporary fix. If they still don't do anything, then go ahead and speak to environmental health. If the problem is as bad as you've described, then it's possible the property shouldn't legally be rented out until it is properly fixed.
 
right, I've spoken to the maintenance guy just now (he's new and I have a feeling I'm going to have to convince him the hard way that we've tried what he's suggesting and it doesn't work!) and they're going to clean the mould up, I'm running the heater with the window open on the drip tray so I can prove to this guy that it's not enough. I'm going to make a comparison between the cost of running with the heating all day and running normally (we rarely use the heating because it's pretty warm in here anyway) and then bill them for the difference at the end.

I really wish it could be easier than this, but anything for a relatively easy life. I guess we've just been unlucky. I think we're going to get Environmental Health in whilst we're doing this.
 
I had a same problem with landlord too. After two months of letters with no action I with held my rent along with 2 house mates . After 3 months we decided to with hold our rent. 2 months of none payment of rent they soon got round to fixing problem.

You are well within the law to with hold your rent without them kicking you out also you do not have to pay back the missed payments!!
 
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