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

                      • Erroneous Change Of Occupancy Fee
                        Sonofahod
                        Hi There,

                        I am planning to move out of a shared rental property in March. Foxtons, the agency managing the property want to charge me a £300 "Change of Occupancy" administration fee as we have not reached the full term of the tenancy. I realise that the fee covers both me leaving...
                        23-01-2018, 13:16 PM
                      • Reply to Erroneous Change Of Occupancy Fee
                        mariner
                        Your information is severely deficient,
                        Of course a move out inspection can be chargedeven with no move in report.
                        You accepted LA fees by proceeding with Application.
                        Deposit ADR cannot be used to contest Agency fees.
                        24-01-2018, 02:53 AM
                      • Attending Court - Advice Please
                        Muzza
                        Hi there

                        I posted recently about our tenant leaving and giving her ex the keys to our house, we have a court date of 4th January for which Im flying back to the UK to attend (no contact or rent received from the persons she has left in there still). I feel hes staying in there as long...
                        12-12-2017, 18:03 PM
                      • Reply to Attending Court - Advice Please
                        Muzza
                        Thank you, Ill take a look!
                        24-01-2018, 02:31 AM
                      • Broken Boiler
                        andy967
                        HI - our boiler broke yesterday - our landlord is currently waiting for a quote for a new boiler - however one of the problems we have is that she lives abroad. It consequently means she's able to speak to people in the uk about any sort of business matter for 3 hours in the afternoon. I'm wondering...
                        23-01-2018, 13:55 PM
                      • Reply to Broken Boiler
                        Muzza
                        I live in the US at the moment, 7 hours behind the UK, yes its difficult BUT when my boiler broke I had someone out within 2 days, one thing she should have in place is a boiler cover or she should have tradesmen lined up who she trusts so if something goes wrong she can get in touch with them immediately,...
                        24-01-2018, 02:29 AM
                      • Section 8 notice served, what next
                        lakemk
                        Hi section 8 notice was served for rent arrears last wk, it doesn’t look like the tenant is going to pay , my question is what should I do next to prepare me for the court as I never been.

                        I ve seen the post before abt the tenant may defend for disrepair, the house in fairly good condition...
                        22-01-2018, 21:46 PM
                      • Reply to Section 8 notice served, what next
                        Muzza
                        Hi - I attended court a few weeks ago, we used several grounds in the section 8, the mandatory one being the rent arrears, they didnt put a defence in, show up or pay so the judge just asked for proof I had served the section 8 (proof of postage receipts from the PO) and an up to date rent statement...
                        24-01-2018, 02:24 AM
                      • Leak into downstairs flat - advice
                        Dberry
                        Hi,

                        I'm new the forum and the UK and wonder if you can advise…
                        I’ve recently moved to the UK from Canada and so I’m not sure of rights and liabilities... I moved into my flat a few months ago and caused a leak into the apartment below me by leaving the tap running in the bathroom...
                        23-01-2018, 08:50 AM
                      • Reply to Leak into downstairs flat - advice
                        mariner
                        T responsibility.
                        24-01-2018, 02:13 AM
                      Working...
                      X