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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I suspect I have mold in my university hall studio flat which

Resolved Question:

I suspect I have mold in my university hall studio flat which has resulted in health problems. I need to know what my rights are and, if there is mold, if I am entitled to seek compensation from the landlord (university, in this case).
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

You have a right to a property in repair and free from damp mold, if the property is unfit for human habitation then you will be able to terminate the agreement.

 

If you suspect you have mold but are not sure and they have not completed a thorough check then I would pay to get a professional rounds to look, if he find mould you will be eventually able to reclaim the expense from your landlord.

 

If the state of the mold (particularly damp) is very bad then you should contact the local authority environmental health department and ask them to send an officer round. If the state of the property is bad he will issue an enforcement notice against the Landlord to carry out works and this may prompt him in to making the repair. If he finds it unfit for human habitation then he will declare it as such and you will be able to terminate your agreement with the landlord on the basis of this breach.

 

Whilst doing the above you should formally write to the the landlord specifying the disrepair, making a list of the reasonable repair required and ask that he make those repairs within a reasonable time (eg. 7 days). State that if the landlord does not make the repair within that time you will pay to have the repairs made and will seek to claim the expense from him and are prepared to make an application to court if necessary.

If the landlord does not make the repair you can pay to have it done and then write formally to him requesting the payment of the cost, again within a reasonable time). If he does not pay you can issue a claim for the money yourself through Her Majesty Courts Service's online service: www.moneyclaim.gov.uk

 

If the severity of the damp is very bad then you can ask to be rehoused by them, with them paying the expenses until the damp has been sorted out.

If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

Customer: replied 4 years ago.
Thanks, XXXXX XXXXX answer, I'll hit accept after this. What I failed to communicate in the short question was that I have already lived here for a while and suffered from various respiratory etc. complications which have been diagnozed as flu or the common cold or whatnot, which I did not have before moving in here. If it was possible to prove that there is mold in the apartment and that the health complications have been due to this (with a degree of probability), are there official ways for me to seek compensation or do I have to consider a lawsuit?
Expert:  Thomas replied 4 years ago.

It's possible that you may have a claim in negligence against the landlord. There could be difficulties in quantifying your loss if you have not actually suffered any pure economic loss as a result of your conditions, and potentially provable linkage between the mold(if any) and your conditions.

 

You would also have to fund it privately on your own. If you find mold then it might be worth arranging a free (fixed fee) meeting to assess your claim. You can find negligence solicitors through the Law Society website:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

Good Luck.

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6511
Experience: BA (Hons), PgDip, Practising Solicitor
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