Landlord charging me for single skin problems

[marcooni]

I rent a property and have been living here for 18 months. The property is end terrace Victorian (as it appears in the 1901 census). The house I live in rises above the adjoining property by one additional floor. The additional floor is single skin on one wall. At this moment this particular wall is completely covered by mould which is the residue of the condensation, or whatever it is. I had the same problem when the frost came last year and the owner came in in the summer and cleared the dry mould, but it has re-appeared this winter.

After calling him in to view it, he said, because I don't have the heating on constantly during the winter months that I must put in a de-humidifier and keep it on from when I woke until I went to bed. When I said I could not afford the cost to do so he contacted the rental agency and gave me two months to move out (my tenancy was due to expire in one month). I have now one week left and he has said to the rental agency if the property is not in the same condition as when I moved in he would use my deposit to put it back to how it was. The mould covers the expanse of the staircase well and is difficult to reach and is still damp making it a very difficult job to do myself for no cost.

My question is, can he do this? The single skin wall is his problem not mine. Should I be using my heating bill to ensure this wall is always kept warm or whatever. I have noticed in the other posts that a single skin wall is a major source of heat loss also.

What would you do?

 

[Pford75]

I would review your tenancy agreement. You may find that it is your responsibility to protect against damp by ensuring that there is adequate ventilation.

We are landlords ourselves and now insist on this clause in our tenancy agreements. Unfortunately some previous tenants decided to install a tumble dryer in the bedroom and not use central heating or open windows....this resulted in severe damp (mould growing on the walls). This is nothing to do with the design of the building and a lot more to do with a lack of ventilation.

If you cannot afford to run the heating, ventilation is just as useful - have you discussed the possibility of installing trickle vents or airbricks?

 

[Mark]

speak to citizens advice. I dont think he can take your deposit for this, unless there is more that you are not telling us. Getting your deposit back may be problematic though. Small claims court.

Why is there so much condensation? why so much moisture?

 

[Johneds]

As mentioned above this comes down to the cause of the condensation. If the cause is structural then it is your landlords responsibility. If it is due to inappropriate use of the flat then it is your responsibility. A surveyor will be able to determine if the cause is structural but this might well cost you more than the loss of the deposit.

 

[DaveBrigg]

If the damp is only on this wall, and only appears in cold weather, it sounds as if the fault is not yours, or at least not attributable to unreasonable behaviour on your part. The advice to read the contract carefully seems the best idea. If I recall correctly, a landlord cannot expect a proprty to be 'the same condition as when I moved in' since there will always be fair wear and tear. I had a similar problem once when the wallpaper started peeling from the ceiling, but we eventually got the deposit back when it was pointed out that we had not caused this, and should not be expected to pay for routine redecoration.
For the sake of an easy life you could try a cloth dipped in a mild bleach solution, on the end of a long stick. Otherwise, speak to the rental agency, who may be less keen on getting into in a dispute over lost deposits. I knew of others in rented accommodation who refused to pay rent because of the mould in the house, and that the local council usually take a dim view of landlords whose accommodation is likely to affect the health of the tenant.

 

[Johneds]

The contract question is a red herring. s.11 of the Landlord and Tenant Act specifically forbids landlords to contract out of repair obligations without the specific approval of a court. If there is such a clause in your contract you can ignore it as if it weren't there because it will be completely disregarded by the court.

If I were you I would write to the landlord and tell them that you have taken professional advice and that the cause of the condensation is specifically attributed to the single skin wall and that the only effective remedy is the addition of structural insulation to the wall. This level of repair falls clearly within the landlords responsibility under s.11 of the Landlord and Tenant Act.

 

[NT]

As said, legally it depends on the cause. How anyone could prove how you used the place and thus what or who was teh cause is another matter.


"The contract question is a red herring. s.11 of the Landlord and Tenant Act specifically forbids landlords to contract out of repair obligations without the specific approval of a court."

But the contract can stipulate actions to be taken to prevent the problem. If said actions are not taken, the tenant can then be responsible for paying for the repair.


NT

 

[marcooni]

Thanks for all your help this should arm me for their initial visit today. Most of the mould appeared during my three week holiday in January. I set the heating to come on every morning for 1 hour to overcome any water pipe problem.

I also talked to the previous tenant who lost 70% of his deposit for the same reason. The only difference being, he didn't mention the mould to anyone and just moved out. Whereas, I have kept everybody informed every step of the way.

Just like me, he tells me he woke up every morning with a runny nose which clears after being up and about an hour or so.

One bedroom was totally unusable during the winter months due to the water/condensation running down the walls. The landlord has tried to compensate for this by covering the single skin wall in this bedroom with a thin layer of polystyrene wall paper and then covering with wall paper. Some of this was totally ruined because it couldn't cope with the amount of water.

 

[Pford75]

If I were you I would write to the landlord and tell them that you have taken professional advice and that the cause of the condensation is specifically attributed to the single skin wall and that the only effective remedy is the addition of structural insulation to the wall. This level of repair falls clearly within the landlords responsibility under s.11 of the Landlord and Tenant Act

I wouldn't suggest that the OP 'lies' regarding having had professional inspection, if this is not the case.

Clearly, if there is a structural defect, then the landlord should meet the full cost of the repairs.

However, it is entirely possible (in my experience as a landlord), that tenants keep all double glazing shut, insufficient heat and dry clothes etc. indoors....all things which will lead to condensation problems. If as the OP states, there is condensation 'running down the wall', there would seem to be excess moisture coming from somewhere.

 

[AMc]

I'm no expert but if there is condensation running down the walls and affecting your health then you can't be liable for the damage. From your description the property is barely habitable.
I would get in touch with the local CAB immediately.