House is humid and has mould on wall; can T terminate?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • House is humid and has mould on wall; can T terminate?

    I want to break my contract as the house has humidity and mould in one wall, but I have one year contract with no break clause.

    I rent a flat, but the flat is not in the same conditions as it was when we rented it.

    We have humidity problems and mould in one wall. The owner is investigating why there is always one wall wet and we have a lot of humidity in and a lot of problems with the mould on the wall and cupoboards.

    But this process is so long, it is more than 4 months that we have this problem. Now we told to the owner that we wanted to leave the flat. And she says we can not leave the flat because we don't have any break clause. We tried to make understand her the problems and she already knows them. She told she lived there before and she had the same problems but not as much as we have.

    She bought 3 big dehumidifiers but they are noisy and we don't want to pay the electricity bills for them as we consider that it is only a short term solution.

    Of course, when we signed the contract we didn't know that we have to use 3 dehumidifiers and she didn't say antything about the humidity and mould problems. The fact is that in our inventory it doesn't say that we have 3 big dumidifiers and that we have to use otherwise we will have a lot of humidity in the bedroom (85%, the humidity level recomended is 50%) and mould problems.

    We are so tired about this situation and we wanted to leave the flat, but the owner doesn't want to accept it. What we could do? she said we could break our contract only for an external problem and I think this is an external problem. The wall is no well isolated and thats why we have humidity inside and mould problems. And I don't know if it exists any water leak as well.

    I just want to leave that flat and I would like to know wich are the circumstances that you can break the contract.

  • #2
    Try an LZ search for 'mould' or 'damp'. There are already lots of existing threads with helpful advice.
    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.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      I know and I read a lot of ways to solve humidity problems and mould. But I think that is not the solution. The mould and humidity continues there.

      I would like to know which are the circumstances I could break a contract.

      Thanks for your help!

      Comment


      • #4
        You as T cannot simply break a binding contractual obligation, in the absence of a break clause. What you need is simply to be rid of the mould.
        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.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


        • #5
          There is lots of useful info and advice about the problem on this recent LLZ thread (you'll need to sift through the various other issues as well!):

          http://www.landlordzone.co.uk/forums...ad.php?t=16127

          and a number of related links are posted on this one :

          http://www.landlordzone.co.uk/forums...ad.php?t=16229

          It may look horrible and it isn't very healthy to live with, but don't worry, it is remediable. Ne vous inquietez pas....
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


          • #6
            good luck!

            I know it might sound simple, but you need to make sure that room(s) are properly ventilated and heated. I had a tenant recently who tried to save on bills by turning the heating on and off and not opening the windows. we have investigated the possible damp etc, but it came down to lack of heat and air. As for the breaking of the contract, it is difficult as you don't have breakclause, however, if youyr rent is less than £25k per annum, I belive you can give notice depending on how you pay your rent (monthly- 1 month, quarterly- 3 months etc). I hope it helps

            Comment


            • #7
              I know that I have to be sure the rooms are properly ventilated and heating. The problem is that the heating doens't work properky in the bedroom and the toilet room doesn't have heat (and these are the places where I have the problems).

              What do you want to mean that if the rent is less than £25k per annum I could give a one month notice? I pay monthly and my rent is less than this. It would be possible to break the contract?

              Thanks for the information.

              Comment


              • #8
                Originally posted by Flower View Post
                I know that I have to be sure the rooms are properly ventilated and heating. The problem is that the heating doens't work properky in the bedroom and the toilet room doesn't have heat (and these are the places where I have the problems).

                What do you want to mean that if the rent is less than £25k per annum I could give a one month notice? I pay monthly and my rent is less than this. It would be possible to break the contract?


                Thanks for the information.

                NO! If the fixed term of your AST contract has not yet ended, then you cannot leave until it has.

                When did you start to live in the flat and how long (how many months) is your fixed term? (Usually it's six or twelve months).

                If your fixed term has finished, then yes, you can leave if you give one month's notice.
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                • #9
                  Originally posted by MSB
                  if youyr rent is less than £25k per annum, I belive you can give notice depending on how you pay your rent (monthly- 1 month, quarterly- 3 months etc).
                  No, this is completely incorrect.

                  Comment


                  • #10
                    We started to live in the flat in june 2008. There isn't any fixed term written in the contract. Just that our contract finish in june 2009. And there isn't any specific break clause in the contract.

                    In my country if you don't have any specific clause in your contract it means you have to give one month notice to the agency. That's why I thought it was the same here. And it doesn't exist this kind of contracts where you can not never break the contract.

                    Thanks,

                    Comment


                    • #11
                      Originally posted by Flower View Post
                      We started to live in the flat in june 2008. There isn't any fixed term written in the contract. Just that our contract finish in june 2009. And there isn't any specific break clause in the contract.

                      In my country if you don't have any specific clause in your contract it means you have to give one month notice to the agency. That's why I thought it was the same here. And it doesn't exist this kind of contracts where you can not never break the contract.

                      Thanks,
                      So your fixed term is one year. You can 'walk away' in just over four months. (These 'unbreakable'contracts exist to protect the tenant, as well as the landlord, if you think about it. It means you have the right - as long as you pay your rent - to stay in the property for a certain length of time - the landlord cannot break the contract either. It works both ways! After the fixed term has finsihed, tenants who stay on usually can leave with only one month's notice, but that's not your position at present. Sorry!)

                      It has been an exceptionally wet and cold winter, even for Britain, and lots of people are telling us about mouldy walls, etc. at present. Just follow the instructions in the posts above, get rid of the mould then concentrate on not allowing it to re-appear. In my experience it is almost always due to condensation which in turn is due to poor ventilation of rooms, inadequately heated rooms, lack of extraction from bath/shower rooms, and to tenants drying clothes indoors. Ask the landlord if he will install an extractor fan in the toilet room. We put one in the bathroom and it worked like magic. Six students constantly showering with window closed - mould on ceiling was horrible. Fan installed - goodbye mould.

                      The outside wall mould problem can probably be remedied by lining it with thin polystyrene insulating wallpaper - ask your LL to do this once the mould has been removed and the wall treated.

                      Bon courage!
                      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                      Comment

                      Latest Activity

                      Collapse

                      • Claiming for protected deposit
                        mandm
                        This is an interesting one, got me into a spin.
                        Tenants signed AST but decided to leave after 6 months and 3 days (problem with moving) using the break clause in the AST. I protected the deposit using DPS (Insured) and returned the deposit minus deductions when the moved out.
                        I served the...
                        21-07-2017, 08:00 AM
                      • Reply to Claiming for protected deposit
                        Interlaken
                        OP - yes do send the confirmation email from the DPS to the solicitor for the tenants. That should stop proceedings but did you give them the PI and How to Rent details + gas certificate. In future make tenants sign a receipt to say they received these items - I do it on move in day and leave them...
                        21-07-2017, 08:41 AM
                      • Reply to Claiming for protected deposit
                        MrShed
                        JK - there are *some* upsides of taking a deposit. The main two for me:
                        1) Regardless of what it can feel like on here, the majority of tenants do not know they can play the system in this way.
                        2) There is something to be said for the mindset of a tenant who has something "invested"...
                        21-07-2017, 08:19 AM
                      • Discussion - GDPR and implications on landlords
                        MrShed
                        I've just posted something on GDPR and then wondered whether it had been discussed on here before - a quick search implies its never been mentioned.

                        I thought I would raise a topic to discuss it and the implications on landlords.In effect this is a replacement of the Data Protection Act...
                        20-07-2017, 15:01 PM
                      • Reply to Discussion - GDPR and implications on landlords
                        jpkeates
                        The ICO should be fining landlords for not registering as data processors - they're not.

                        The maximum amount of personal data held by landlords and agents arises out of tenant referencing, and, if that were to be destroyed after a couple of months, most landlords would arguably be pretty...
                        21-07-2017, 08:16 AM
                      • Reply to Claiming for protected deposit
                        JK0
                        I'm afraid this rant won't help you much o/p, but:

                        STILL!? Still landlords are giving tenants a way to wheedle thousands out of them for no good reason?

                        I have come to the conclusion this whole deposit protection nonsense is a government sponsored scam. There is barely any...
                        21-07-2017, 08:12 AM
                      • Reply to Claiming for protected deposit
                        jpkeates
                        They are probably claiming that you didn't protect the deposit and give them the Prescribed Information document, both of which you are required to do within 30 days of receipt of the deposit.

                        If you didn't do both things to the appropriate deadline, you didn't protect the deposit correctly....
                        21-07-2017, 08:09 AM
                      • Reply to Discussion - GDPR and implications on landlords
                        jjlandlord
                        Source: http://news.pwc.ch/31824/gdpr-key-ch...-eu-companies/

                        That being said, I don't think it will have much impact on landlords:



                        I don't think that'll be the case. References are legitimate and widespread.



                        ...
                        21-07-2017, 07:51 AM
                      • Help. Scam/ fraud letting
                        Hayleydenice93
                        Hiya

                        i need some advise on my situation in regards to this flat offered to me and my partner. We viewed a flat which was in an old office block which had been converted into service apartments and then refurbished into flats.

                        The agency we viewed the flats through did not want...
                        20-07-2017, 20:59 PM
                      • Reply to Help. Scam/ fraud letting
                        theartfullodger
                        You do not have to own a place to be the Landlord. Suspect they rent from owner (their Landlord), they then rent (as your Landlord) to you.

                        Doubt there's any chance of getting proper tenancy from them. You could sign licence, move in, then try and get rights as an AST Tenant (eg sue for...
                        21-07-2017, 07:46 AM
                      Working...
                      X