Mould and damp, landlord wants re-let fee

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    Mould and damp, landlord wants re-let fee

    Please help after mouldy and damp issues for the past year, landlord did nothing to make house living condition and now asking for fee to be paid. How can I go about it. We have told them on 6th of January we will move as soon we find property and final notice we give two weeks before move date 2nd February. Is there way to avoid relet fee he's asking us to pay where he breached by not sorting mould issues. We lost our belongings due to mouldy and damp where walls soaking wet running down and windows always misty

    #2
    There are two different problems here.

    You have a fixed term and want to leave early. The landlord is agreeing this with a condition that you pay a fee. The fee seems reasonable.

    You want to end the fixed term early because the property sounds unhabitable. Presumably you haven't involved the council so far.

    You might find that if you offer to the agent that if they make a charge you will contact the environmental health department, they might waive it.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Many times by default the tenant is blamed for dump/mould due to their lifestyle which isn't always correct because a lot of times that happens due to poor insulation or insufficient heating system. If the property is not safe or fit to live then even the landlord can be dragged to court. Remind the landlord his obligation and more likely he won't ask ever any fee and let you go.
      Your landlord's responsibility for repairs

      Before you move in, your landlord must ensure that the property:
      • is safe and fit for you to live in
      • doesn't let in wind or rain
      • has adequate ventilation and insulation
      • has heating that allows you to keep your home free of damp and condensation without running up huge gas or electricity bills.

      https://scotland.shelter.org.uk/get_...tenancy_rights

      Comment


        #4
        Went to report to council and they only put me on the list for housing department to wait for call in 2-4 weeks but we can't wait this long. Also mentioned to council about environment and health team and they didn't seem wanted to help me. Shall I ask them again or is it too late now as we give notice to move in 2nd February. We did tell agency that we reported to council and they said fine we can give them report with dr mould writen statement where it say we leave bathroom doors open while showers not truth and also say that in master bedroom needs vents to put in as there is none. Landlord hasn't put them in since 2018 December.

        Comment


          #5
          Can I email them saying that tenancy agreement ended when we served notice with leave date. And ask why we have to pay relet fee. If someone else moves in a house next month they will pay % of the rent and we will be deducted too? Doesn't seem right also break clause ends with serving notice is it right?
          Why do I have to sign surrender form, can I fill it myself from online and give it to them with the keys on 2nd February?
          if we don't agree to be deducted relet fee from our deposit, can they get back with asking us to pay rent for 5 months?
          Thank you for help

          Comment


            #6
            Report to council preferably through email or by going in person. Most public departments over the phone either postpone or refer to other irrelevant department. You can also try to speak to your local citizen advice bureau and also speak to shelter. Don't afraid from agency/landlord as I bet with you that if they visit the property then will find 10+ things which will be needed immediate fix and most of them in any way will cause health issue and will order to fix asap.

            Comment


              #7
              OP, what is the precise wording of the break clause and how was it served?
              Only Local Council EHO can decide if the Property is 'unfit for human habitation', not the T.
              It would appear OP provided an invalid Break Clause as it did not specify a precise end date for the end of the Tenancy.
              PR, you only refer to recent Scottish legislation, which may not be available in rest of UK.
              In many cases damp can be attributed to T lifestyle, in the absence of any other cause.

              Comment


                #8
                Before you move in, your landlord must ensure that the property:
                • is safe and fit for you to live in
                • doesn't let in wind or rain
                • has adequate ventilation and insulation
                • has heating that allows you to keep your home free of damp and condensation without running up huge gas or electricity bills.

                This'll show up on the EPC as a score and have suggestions for improvements.

                Comment


                  #9
                  Originally posted by mariner View Post
                  OP, what is the precise wording of the break clause and how was it served?
                  Only Local Council EHO can decide if the Property is 'unfit for human habitation', not the T.
                  It would appear OP provided an invalid Break Clause as it did not specify a precise end date for the end of the Tenancy.
                  PR, you only refer to recent Scottish legislation, which may not be available in rest of UK.
                  In many cases damp can be attributed to T lifestyle, in the absence of any other cause.
                  No mate its in all over the UK now from 30th march 2019. Damp & mould is one the obstacle which can't let the tenants to live safely which to some extent caused by tenant life style but most often due to poor heating system, cheap outworn insulation. Tenants can take the landlord to court.

                  https://england.shelter.org.uk/housi...man_habitation

                  Comment


                    #10
                    Originally posted by Policy reader View Post

                    Damp & mould is one the obstacle which can't let the tenants to live safely which to some extent caused by tenant life style but most often due to poor heating system, cheap outworn insulation.

                    https://england.shelter.org.uk/housi...man_habitation
                    Have you got the reference for a report on the bit in bold?

                    Comment


                      #11
                      Originally posted by Berlingogirl View Post

                      Have you got the reference for a report on the bit in bold?
                      What’s causing the damp and mould?

                      Mould is caused by damp conditions. Sometimes it's easy to spot the cause of damp.

                      Your landlord might need a damp expert if they don't know what's causing the problem.

                      A damp expert can help identify the cause and recommend how to fix it.

                      If your landlord won't use a damp expert and the problem is unresolved, it may be worth paying for a report yourself.
                      Condensation

                      Condensation is the most common form of damp in rented properties.

                      It appears when excess moisture in the air comes into contact with a cold surface, such as a window or a cold wall. It can lead to mould growth and tends to be worse in winter.

                      It can be caused by a tenant not ventilating or heating their home properly.

                      It can also be caused by poor insulation, or faulty heating and ventilation systems that are the responsibility of the landlord.
                      https://england.shelter.org.uk/housi...n_rented_homes

                      Comment


                        #12
                        While lack of heating and insulation can cause mould, the most common causes are people drying clothes inside and showers and cooking without ventilation.
                        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                        Comment


                          #13
                          Originally posted by jpkeates View Post
                          While lack of heating and insulation can cause mould, the most common causes are people drying clothes inside and showers and cooking without ventilation.
                          Not every property has access to outdoor space for drying cloth and landlord can't enforce that.

                          Your responsibilities

                          You are expected to properly ventilate and heat your home so that damp doesn't build up. This is sometimes called 'acting in a tenant like manner'.

                          Your landlord shouldn’t make unreasonable demands. For example, asking you to dry your clothes outside when you don’t have access to an outdoor space.
                          https://england.shelter.org.uk/housi...n_rented_homes

                          Comment


                            #14
                            Originally posted by Policy reader View Post
                            Not every property has access to outdoor space for drying cloth and landlord can't enforce that.
                            Of course, they can.
                            What on earth gives you that idea?

                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment


                              #15
                              Originally posted by jpkeates View Post

                              What on earth gives you that idea?
                              Official guidance: SHELTER

                              Where will you dry your cloth if you living above commercials on 1st or 2nd floor with no balcony rather only windows??

                              Comment

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