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Tenants in a damp property: what can we do to make the landlord or agent fix the problem?

My friend and I rent a house and since moving in we have incurred problem after problem and neither the renting agency or landlord seem to act. Our most recent problem has been the worst and dominates our everyday lives. The laminate flooring in the kitchen started to go bubbly and then water slowly dripped through, the agency sent out a plumber and he said he could not do anything without ripping up the floor. The landlord came round and has tried to blame us, but after not finding a problem himself he came round again to say it is condensation and he wants to fit a vent. But mould is growing in corners and around the entire house. We have tried to clean it but it has stained the walls/wallpaper. The kitchen has mould behind the cabinets and the food inside them goes bad. The landlord has not mentioned resolving these problems so we are still going the have it there behind the cupboards which will surely leave the rooms still smelling damp and the food to rot. Can you advise on what and if there is anything we can do. The plumber says he recommends us not having children round as the mould can be dangerous and this is not reassuring.

As a tenant, you have the right to have the structure of your home kept in good repair by the landlord. If it is not then you can demand that your landlord rectifies it.

Dampness is a persistent problem and can be difficult and expensive to correct but it is your landlord's responsibility to correct it. You should write out a description of the problem and collect evidence such as photographs.

If they refuse to respond then you should consider getting your local authority's environmental health officers to conduct a survey and get medical reports if the disrepair is affecting your health or the health of someone in your household.

If your landlord is a registered social landlord such as a housing association or is a private landlord, then the local authority may be able to force them to take action. If you are a tenant of the local authority itself, then you should make a complaint using the authority’s complaints procedure.

You cannot refuse to pay rent while you try to get the repair work done as your landlord may try to evict you if you have rent arrears but if the problem persists and your landlord refuses or is unable to correct it you should move and leave him with the problem of no tenant and a damp house.

Please come back to us on this, or if you have any other legal matter we can assist you with.

It would also be a good idea to bookmark http://www.lawanswers.co.uk in case you need us in the future.

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by Conrad Murray last modified 2008-01-24 06:47

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