Mould!!

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    Mould!!

    My friend moved into a new flat the other day but the flat was covered by mould all over. She reported the estate agent & the Landlord but the situation has not been improved at all.
    My question is how she can terminate the contract. (She contacted the local council & the local citizen advice bureau but did not help.) Please advise me.

    #2
    Is this the same place you were talking about the other day?
    I offer no guarantee that anything I say is correct. wysiwyg

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      #3
      No. It is not the same place.

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        #4
        She should contact the Environmental Health Officer and insist on a visit as she is presumably concerned for her health.

        In the meantime she cannot terminate the contract but she could write to LL and advise that she will withold rent to pay for mould to be removed unless he does something urgently (say within 7 days).
        '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

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          #5
          Originally posted by mind the gap View Post
          She should contact the Environmental Health Officer and insist on a visit as she is presumably concerned for her health.

          In the meantime she cannot terminate the contract but she could write to LL and advise that she will withold rent to pay for mould to be removed unless he does something urgently (say within 7 days).
          This is not strictly true but probably the most practical solution.

          The habitability of a property is a condition of the contract, asccordingly a breahc of that term by the LL is a repudiatory breach entitling T to rescind (cancel) the contract and claim damages. It really must be unhabitable however, not just unpleasant. A report from EH will confirm its habitability.

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            #6
            Originally posted by dominic View Post
            This is not strictly true but probably the most practical solution.

            The habitability of a property is a condition of the contract, asccordingly a breahc of that term by the LL is a repudiatory breach entitling T to rescind (cancel) the contract and claim damages. It really must be unhabitable however, not just unpleasant. A report from EH will confirm its habitability.
            Yes, I agree. I suspect that rather than the property being 'covered in mould' (in which case very few Ts would actually move in), it is probably the case that there is mould on some walls and ceilings which needs cleaning off and treatment applying. That in itself, although unpleasant, would be unlikely to justify T breaking contract.
            '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

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              #7
              Originally posted by Marklandlord View Post
              My friend moved into a new flat the other day but the flat was covered by mould all over. She reported the estate agent & the Landlord but the situation has not been improved at all.
              My question is how she can terminate the contract. (She contacted the local council & the local citizen advice bureau but did not help.) Please advise me.

              Q1 How long ago is ""the other day" ?
              Q2 What did local council say ?
              Q3 What did CAB say ?
              A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
              W.Churchill

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                #8
                It was nealy 3 weeks ago. Actually my friend did not move into the flat at all and stayed in a hotel - she told the agent & the landlord that she would not not move into the flat untill sort the problem out. She contacted the local council which adviced her to contact CAB. CAB told her that she needs to deal with the Landlord. Now she found alternative flat to move in. She would like to know how she can terminate the contract. Or does she need to continue to pay the rent?

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                  #9
                  Not only does she need to pay the rent, she will possibly need to pay the rent for the entire duration of the agreement she signed (probably 6 or12 months).

                  She needs to follow the advice above and get it sorted - if she has signed an agreement on a new property as well then she might be well and truly (insert your own expletive here!)

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                    #10
                    I'm interested to know how the LL/LA managed to cover up the mould when your friend went to visit the flat.
                    Did you friend actually go to the property to visit?

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                      #11
                      Yes, she viewed the flat. She did not move into the flat on the day the contract started (she had a business trip for a few days). After she came back from the trip she found the mould in the flat. she contact the agent and cleaned the mould herself, 2 days after she visited the flat and found the mould all over again it's a ground floor flat.

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                        #12
                        Originally posted by Marklandlord View Post
                        Yes, she viewed the flat. She did not move into the flat on the day the contract started (she had a business trip for a few days). After she came back from the trip she found the mould in the flat. she contact the agent and cleaned the mould herself, 2 days after she visited the flat and found the mould all over again it's a ground floor flat.
                        Originally posted by Mary22
                        Yes, she viewed the flat. She did not move into the flat on the day the contract started (she had a business trip for a few days). After she came back from the trip she found the mould in the flat. she contact the agent and cleaned the mould herself, 2 days after she visited the flat and found the mould all over again it's a ground floor flat.
                        Mark / Mary - you're confusing me!

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                          #13
                          Originally posted by Mary22
                          Yes, she viewed the flat. She did not move into the flat on the day the contract started (she had a business trip for a few days). After she came back from the trip she found the mould in the flat. she contact the agent and cleaned the mould herself, 2 days after she visited the flat and found the mould all over again it's a ground floor flat.
                          *Mark? Mary?If the mould is as aggressive as you describe, it is definitely a case for the EHO, who has the power to require the LL to remedy it, or even pronounce the flat unfit for habitation if it is a serious health risk.

                          You are only supposed to have one ID on any one forum, by the way!
                          '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

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                            #14
                            Mark Mary Mungo or Midge ?
                            A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                            W.Churchill

                            Comment


                              #15
                              Originally posted by Rodent1 View Post
                              Mark Mary Mungo or Midge ?
                              Don't know. Give us a clue.
                              '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

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