Tenants rights about damp

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  • Tenants rights about damp

    I have been renting a place in West London for the last few months. Over this time we have noticed a damp patch increasing in size to the stage that we contacted the letting agents who told us to wash it down (no mention about repairing it!).
    The damp has now become so bad that we are looking at terminating our agreement by giving 60 days notice due to chest infections, the landlord has told us that we have to stay in the house until the end of the 1 year agreement or risk losing the deposit and that we will have to pay to have the wall repainted where the damp is, he has said that it looks worse because we tried to clean the damp off the wall.

    Can anyone give me some advice on what rights i might have.

    Many thanks.

  • #2
    Originally posted by graham1969 View Post
    I have been renting a place in West London for the last few months. Over this time we have noticed a damp patch increasing in size to the stage that we contacted the letting agents who told us to wash it down (no mention about repairing it!).
    The damp has now become so bad that we are looking at terminating our agreement by giving 60 days notice due to chest infections, the landlord has told us that we have to stay in the house until the end of the 1 year agreement or risk losing the deposit and that we will have to pay to have the wall repainted where the damp is, he has said that it looks worse because we tried to clean the damp off the wall.

    Can anyone give me some advice on what rights i might have.

    Many thanks.
    Tell L to read s.11(1)(a) of LTA 1985. He is obliged "to keep in repair the structure and exterior of the dwellinghouse (including drains, gutters, and external pipes)". It sounds like one of these is leaking, so that is L's responsibility.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
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    • #3
      Get a doctors sick note re;chest infections and the effect your damp house may have on it.



      Make sure you have notified agent in writing about damp patch, and any fall out with the LL, just in case there is a dispute over deposit and you need evidence.

      Threaten that you will call in environmental health or local authority tenancy relations officer if the matter is not sorted out to your satisfaction, whatever way that is.

      As Jeffrey says, structural problems are the LL responsibility. Quote the relevant legal refernce at them. Also damp is a hazard under the Housing Health and Safety Rating System. The council could serve notice on them to get it fixed if it is serious enough.

      I'm not saying that you would win on this (as I dont know how serious it is), but show them that you are willing to take it further and they may budge and let you go.

      You could also demand the damp is fixed , and if LL refuses, get 3 quotes and instruct a workman to carry out the repairs and deduct the bill money from your rent . Or at least you could say that you will do this. There is a proper protocol for doing this, so do your homework before carrying it out.

      Carry out your threats if they don't play ball.
      All posts in good faith, but do not rely on them

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