Problem with property

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    Originally posted by mind the gap View Post
    I have a suggestion. You move into your damp, mouldy property and live there for a while until you are sure it's uninhabitable...and let your Ts live in your home.
    I completely agree, I lived in a damp house for 6 months with my oldest son and it was a nightmare.

    Has the tenant mentioned any figures to you?
    What are you going to do with the property once they vacate?


      I am going to get it fixed up and re-rent when in a suitable condition. I am willing to do what ever it takes but all I have been getting is red tape and obstacles. Works including surveys should take 4-6 weeks.

      Tenant wants around £1500 in compensation as well as return of rent. So around £2250 - £2500. I dont want to be hard but I dont see that some of these things are warranted.


        With regard to alternative accommodation, I believe you have a responsibility to provide it, however once you do so, you are no longer in breach of contract (ie you are providing inhabitable accommodation) so rent would be payable as per the tenancy agreement.

        Although it is not an instant solution, you may be best re-possessing the property under section 8, ground 6, presuming you can't do so under section 21.

        My rental property is in an area with a high water table. As a result there is almost permenant water in the void under the floorboards of every property in the area. Don't have much of a problem with damp/condensation so it may be something as simple as room ventilation.

        If the property NEVER had a damp course (Victorian?) you have no obligation under section 11 of the 1985 L&T Act to install one, although other legislation may impose a requirement on you.

        Could you help your tenants move into another privately rented place in the area on a permenant basis? Do you know any other local landlords who can help out? Are you a member of your local landlords association?


          If it's a new build, the builder should be responsible for defects like that.

          The Ts have a right to be housed reasonably close to where they were before but if there simply isn't any available accommodation why not offer to let them pay their rent to their parents instead of to you? Might ease the burden a little. The problem is that 4-6 weeks in builders'/surveyors' time is more like 3 months in normal people's. Keep nagging local agents.
          '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


            Originally posted by barretts View Post
            Thats not the fact, The fact is nobody will commit to saying it is uninhabitable. The tenant was going to accept my offer to leave the property and end the tenancy but changed there mind on Thursday. There is one hotel in the local area which is booked and I cannot find a short term rental for a month while the property work is being carried out. Everything I offer seems to be blocked by the tenant just more despair.

            I wouldnt ask them to live there incase they got ill. But I dont know leagally what I should do. I could booked a hotel around five miles away but then is this acceptable as they do not drive and need to get there kids to school. Also they want new furniture is this down to me as I didnt know that there was such a problem.
            I am confused here? You say you did not know there was such a problem, but you also said you had to add extra ventilation before the tenant moved in because there was a problem with condensation - in which case you were aware there was a problem & it was not 'unforeseen'?


              Originally posted by barretts View Post
              We have a situation where a tenant has moved out of a property stating that it is not fit to live in. Admittedly there is quite a lot of damp. The tenants have called in the local Environmental Health and they have given us (the Landlord) a schedule of works to be completed. There is no mention anywhere in their report of the property being uninhabitable. We is quite prepared to have the necessary work carried out straight away but the tenants are saying they want compensation for damaged clothing, goods and alternative accommodation. The Landlord is quite prepared to end the tenancy to the tenants without any penalty but the CAB has advised them not to return the keys.
              Where do we stand?
              Your T has stated the property is uninhabitable in their opinion. You have not found anyone else to suggest that they are wrong and that the property is inhabitable. Why is there opinion not good enough for you?

              On the facts presented by you here I would stop worrying about hiding behind the lack of legal compulsion to make me do something positive and I would do what is morally right and decent for my tenant.

              If you do not want to do what is decent and right for those reasons alone, then consider how it will look if you are taken to court over this matter for compensation or environmental health breaches and your T, who may be reading this public forum, produces these posts where you admit knowing of the problem beforehand and do not appear to think it is all that bad. Oh and suitable pictures of spores and damp stains and ruined clothing.

              Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.


                I think I been taken wrong here! We are not trying to dodge any responsibility here but the situation is new to us we had no incline that this would happen and I have had several sleepless nights over this. I published this on a public domain so I am fully aware that the tenants may indeed read this, yes I may have played devils advocate on the matter to get feed back but that doesnt make me a bad person. The tenant seems very well informed and I wanted to know other peoples opinions before deciding what action to take with more regards to the legal aspects. I think it would be better to find the alternative accomodation on a full time basis as obviously the relationship has suffered. I would like to thanks those for there opinions and have found it enlightening as always.


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