Ask an UK Law Question, Get an Answer ASAP!
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
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:-
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).