Problems re windows/insulation/damp/Letting Agent

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    #16
    Originally posted by jeffrey View Post
    Windows XP?
    In view of all the problems I'd say Vista.

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      #17
      For everything else, there's Mastercard.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
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        #18
        Originally posted by Snorkerz View Post
        Insulation isn't the landlords responsibility, and if the property NEVER had a damp course, neither is the damp course. Windows may be his responsibility under section 11 of the 1985 Landlord & Tenant act, but it depends on if they still served their purposeDamp is only the landlords responsibility if it is a structural fault - leaky roof, cracked walls etc. What is often confused with damp is condensation - this is caused by moisture in the house (cooking, bathing, breathing!, drying laundry) condensing on cold surfaces before it gets the chance to escape.Did you ask to see the Energy Performance Certificate (example) when you moved in? It was your legal right and would have given you an indication of the cost of heating and lighting the propertyAs is his rightThe problem is identifying if the damp was caused by the landlords failure or condensation - if the latter, you have no claim, if you can PROVE the former, then you could probably claim for the damage via www.moneyclaim.gov.ukAn approach to TDS is exactly what you should do. The TDS is supposedly independant, but many feel that it errs on the side of the tenant because of the levels of proof required from the landlord.I am not sure why you think he wouldn't be allowed to re-let the property.
        If there is actual damp and there is no damp proof course it would of course be the landlords responsibility - this would be a structural defect, surely?
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          #19
          Originally posted by Wickerman View Post
          If there is actual damp and there is no damp proof course it would of course be the landlords responsibility - this would be a structural defect, surely?
          No - the landlord has to keep things that exist in good repair. Many houses built in Victorian / Edwardian times were built without damp courses.

          The actual phrase used in the Act is "to keep in repair the structure and exterior of the dwelling-house". To keep in repair - NOT to provide.

          There is no obligation on the landlord to provide any of the facilities specified in the act, they are all "to keep in good repair" - ie if they are there, they have to work. Perhaps the easiest one to understand is gas - which is mentioned in s11(1)(b) but is obviously not supplied in all rental properties.

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            #20
            Originally posted by Wickerman View Post
            If there is actual damp and there is no damp proof course it would of course be the landlords responsibility - this would be a structural defect, surely?
            Rising damp goes from ground level up to no more than one meter.

            OP mentions CONDENSATION and mould and damp everywhere, including around windows.

            Those are the classic symptoms of lifestyle-related condensation causing mould.

            Nothing to do with structure.

            Oh, and the property was 'lovely' when they moved in...

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              #21
              cant thank you all enough for your input!
              thought i should explain some more..the property had been empty for at least 6 months before we moved in in the april so no tenants over the winter.the house was lovely as i said nice and big and freshly painted - now i know why as i have in due course found out this has been a reoccurring issue with a number of previous tenants - no tenant has stayed in for more than a year we have had a very lengthy chat with the next door neighbours! people move in in the spring/summer, have a awful winter, ll comes in and repaints over the damp and mould and relets out again. the only room not affected was my daughters room apart from the damp patch that came through in the roof but this was checked and advised there was no leak. the putty on all the windows is pretty much coming away and falling off all the windows the LA came out a few times to take pictures to report back to the ll about the state they were getting in..
              surely if this is a reoccuring issue something should be done i.e the landlord should be ordered to do something about the house as all the mould can cause health issues etc? i know i might be sounding naieve but this is all new to me!
              the majority of the problem happened over the winter we just had. we did try our best to ventilate the property espicially the main bedroom with all the condensation issues but with a little baby around i couldnt leave the windows open all the time!! the bathroom hasnt got an extractor fan. the mould and damp was throughout the entire house pretty much. there was a door to the garden in the kitchen so we would try and leave this open as much as possible but understandably we shouldn't have to do this all the time esp through the winter..? even the cupboard under the stairs was disgustingly damp and when we were moving our stuff out we had boxes in there that were falling apart and had my daughters headrest from her car seat - covered in mould. i have photos of everything wish i could pop some on here for you all to see!
              loking back we probably moved in in haste - i had my daughter 2 weeks later! and this is the first property we have rented so it has been a very big lesson for us i must admit!
              we moved out on the 3rd april officially and as far as im aware the amount of deposit thats not in dispute should of been returned within 10 days is that right?im giving the LA til monday to respond to my email before i go down there...sigh!

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