Mould and damp in rented house

[fwog]

Dear All,


Having real issues with a house Ive moved into .

 

Been here over 3 years.

There were damp/repair issues from the off.

 

Complained to letting agancy , was given the run around for months on end.

 

Went ot Acorn (was an existing member). They were short of staff/Covid/Changing staff. 

 

Tried the council.

Officer left during investigation. New officer on long term sick. Finally get a visit. 
They've served a Section 2 notice for mould and disrepair issues on the property .

 

Excellent ! I hear you say. 

 

Due to this issue taking so long, a lot of my property is damaged.

Im looking at a section 21 being served.

 

What can I do to get the landlord to compensate for my damaged items and for living in a property that isnt fit for habitation?

 

My health has suffered, but not recorded at my GPs (covid busy) also, mentally,

Ive suffered ude to the cold and psychological issues of having to watch my possessions deteriorate over time, again, not documented.

I work for a living, so all rent is paid from my own pocket.

Im aggrieved that I'm holding up my end of the deal, with rent etc, and the landlord and letting agency clearly are not. 

Theres no contract in place, the landlord was too tight to renew after the first year.

[unclebulgaria67]

Well if you have documented evidence of the poor condition of the property over a long period of time, then you could look to take the letting agency and Landlord to Court to get compensation.

 

But the question is why have you lived in the property for 3 years, if it was in such poor state ? (Apart from Covid lockdowns making it more difficult to move for a period)

 

What documented evidence do you have available to show a Court ?

[Ethel Street]

You say no contract in place as L/L did not renew it. But I think that is not correct. If the L/L continued to let you live there and you continued to pay him the rent then the original contract is deemed to continue in force.

 

Maybe one of the experts on here can confirm my understanding?

[fwog]

Hi,

 

Thank you for the reply.

 

The issues didn't really present themselves till after the first winter.

 

I then, unfortunately, was diagnosed with kidney cancer. All bets were off really. 

I then pursued the letting agency again and landlord. Letters were ignored and the protraction of inaction by many sites really just lead to the time building up. 

 

Also, this is the first vindication of my situation since engaging all sides. The first documented agreement that I was correct. If you like. This gives me a pathway to begin recompense. 

 

I've contacted a civil solicitor, who said it would be £375 pet hour plus vat and that any compensation would be eaten up in fees. No win, no fee are similar in results. Hence why I wanted to do this myself and seek guidance on here, as I've found it to be the only platform that gives sound, solid advice.

 

Regards

 

On 21/12/2022 at 09:57, Ethel Street said:

You say no contract in place as L/L did not renew it. But I think that is not correct. If the L/L continued to let you live there and you continued to pay him the rent then the original contract is deemed to continue in force.  Maybe one of the experts on here can confirm my understanding?

 

Yes, you correct. There's a legal form of contract in paying the rent formed.

I only added this point just to indicate there's no contact in place. 

 

 

[stu007]

Hi

 

First the original contract although it has not been renewed it is still in force it has just become a rolling contract and the terms of that original contract still stands so YES you do have a contract still in place. (so where ever you were informed you don't is incorrect)

 

So to clarify the Original Contract that ended has now become a Rolling Contract and the Original Terms it contains still stand.

 

The difficulty you are going to have in taking any action from health issues to your damaged possessions is evidence and from what you have posted you didn't document/photograph this all over the time period this has hapened.

 

As for the Council excuses during COVID-19 of short staffed etc these are still excuses as irrespective of COVID-19 the Housing Legislation and legal requirements during that period had not been suspended and they had a duty to act on this not just give excuse of short staffed, ops sorry that staff member has left that is not your problem it is the Councils.

 

Now are you exactly sure that it was a Section 2 that the Council served the Landlord for the Disrepair? (do you have a copy of it of what the council sent you if so could you post it here in PDF redacting anything identify)

 

So the first thing to do is get a Subject Access Request into the Council from the date you first complaint to them to now using this simple phrase 'ALL DATA' that phrase covers whatever format that date is held in whether it be written, recorded phone calls, emails etc.

 

Secondly you do the exact same to the Letting Agency and send then a Subject Access Request as well.

 

When sending these Subject Access Request to both make sure and get Free Proof of Posting from the Post Office and that from now you need to keep a good paper trail of absolutely everything.

 

You are going to need all this information to see how to progress this further.

 

Question time???

1. When did your Tenancy Start and what type of Tenancy and the period it was for?

 

2. Did you have to pay a Deposit and if so is it protected in a Tenancy Deposit Scheme and you were given a copy of the Prescribed Terms of that Scheme?

 

3. Were you given a Copy of the How to Rent Booklet?

 

4. When did you complaint to the Council of the Disrepair and when did they is the Section 2 Notice to the Landlord?

 

5. Do you have Contents Insurance for the Property? (as irrespective of whether this is Private Housing or Social Housing you should have Contents Insurance to cover your belongings) 

 

6. Are you at present still living in the same Property? (if so when have you not looked for alternative accommodations as the COVID-19 restriction are lifted)
 

[fwog]

Dear Stu,

Thank you for the in depth reply. Very helpful and guiding for others in the future. 

 

Right to the questions!

 

 

Question time???

1. When did your Tenancy Start and what type of Tenancy and the period it was for?

July 2019. Six month. Then Covid hit and I signed an Assured shorthold 12 month. This was the last contract signed. 

 

2. Did you have to pay a Deposit and if so is it protected in a Tenancy Deposit Scheme and you were given a copy of the Prescribed Terms of that Scheme?
Yes, and yes.

 

3. Were you given a Copy of the How to Rent Booklet?
Not sure?

 

4. When did you complaint to the Council of the Disrepair and when did they is the Section 2 Notice to the Landlord?
First complaint was last year. Guy caIled about July. Just in time to see the starlings fledging from roof.  He left, new guy took it up. Gave me templates to send to landlord. They were ignored. Hr went on longterm sick. Followed up start of winter. New officer came. Section 2 served 16.12.22

 

5. Do you have Contents Insurance for the Property? (as irrespective of whether this is Private Housing or Social Housing you should have Contents Insurance to cover your belongings) 

Yes, I do.

 

6. Are you at present still living in the same Property? (if so when have you not looked for alternative accommodations as the COVID-19 restriction are lifted

I am. Ive looked for property, but with the Ukriane issue and lack of supply ,theres little to choose from. As mentioned, Ive had a few issues along the way too. Im currently still looking, but as I've made it through yet another winter, things do improve in the summer when the property dries out.
Im also caring for my father, who has dementia. Hes currently independently living, but I need to live close by really, to effect that situation . 

As for property. I've constantly emailed the letting agency with pictures. Theres obviously the evidence in house that the council also photographed for the report. 

 

Regards.

 

HOUSING ACT 2004 PART 1-SECTION 29

HAZARD AWARENESS NOTICE

You are the owner of the dwelling detailed below ('the premises').

('the Council') is satisfied that Category 2 hazards exist on the premises and is further satisfied that no Management Order is in force in relation to the premises under Chapter 1 or 2 of Part 4 of the Housing Act 2004.

The hazard(s) and the deficiencies that give rise to them are specified in Schedule 1 to this notice.

Under section 29(2) of the Housing Act 2004 the Council advises you of the existence of these Category 2

hazards and whilst not requiring you to carry out any works, advises you that it considers the works

specified in Schedule 2 to this Notice to be practical and appropriate remedial action to be taken in relation to

the hazard(s).

 

The Council considers the service of this Hazard Awareness Notice as the most appropriate course of action under Section 7(2) of the Housing Act 2004 for the reasons stated in the attached statement of reasons.

Signed

Date: 16th December 2022

(Authorised on behalf o

notice)

cil House,

PLEASE NOTE

 

This Document is very important. You need to understand and comply with the terms of the notice to avoid prosecution. Further notes on the notice can be found on the final page of this document

 

Further to an inspection at the above property, please find enclosed with this letter a copy of a Hazard Awareness Notice served in relation to your property under sections 28 and 29 of the Housing Act 2004.

 

If you have any enquiries in relation to this matter I can be contacted on the above details. Please quote the reference in any correspondence.

 

Yours sincerely

 

Environmental Health Officer

 

  I think that covers the correspondence. 

 

Regards

[fwog]

I do have two separate courses with councillors in 2020 and 2021. Due to NHS being overloaded. Sadly, I've done little since due to the enormity of it all.

[fwog]

Hi all,

Is there a precedent for claiming back rent paid?

The gas system has been condemned by an independent surveyor . The same 'gas safe' guy has been passing this place off from day one. The independent chap has categorically said the system has been in disrepair from day one as its installed incorrectly. He has turned off the gas fire. The oven is leaking. Also the combi boiler has a leaking flue and hasnt been serviced. 

Any help would be great. 

[stu007]

Hi

 

There is no precedent on claiming back rent but at the same time it would be difficult to claim as you would need a lot of evidence to be able to even attempt to go down that route.

 

As for the Gas System Condemned by an Independent Surveyor (were they Gas Safety Registered and do you have a report from them?)

 

If the above was after the Council issued the Hazard Awareness Notice then you need to contact the Council again specifically who issued the Notice to inform them of the Gas System being Condemned and also if no works have still taken place to resolve the Notice.

 

If the Letting Agent is acting on behalf of a Landlord in renting the Property the buck for all of this stops directly with the Landlord

[fwog]

Thanks for your reply.

Ive found there's arent recovery order that can be enacted. This is only for 12 months rental. 
Landlord not replying to letters (theres been three)

Gas engineer sent by rental agency, so ,yes, gas safe. 

Council are aware of gas issues. 
Landlord still not complying with order. 

Its pretty crap being a tennant as the whole system is completely against you. You get ZERO help with obvious issues. No wonder landlords are never fix anything as they know there's no theres no penalties for not bothering. They can just collect the rent. Id be better off as a dog, at least the RSPCA would intervene