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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
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damp in a rented property

Resolved Question:

damp in a rented property
Submitted: 6 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 6 years ago.

Hi,


Are you the tenant?

 

Do you wish to know how to compel the landlord to repair this?


Do you wish to terminate the tenancy on the basis of this damp?

 

When does the fixed term of the tenancy expire?

 

Tom

Customer: replied 6 years ago.

No my daughter is the tenant with a friend in a 2 bedroom flat which they moved into in the last 3 weeks.

 

The place smells of damp and has caused damage to books and she states that her cloths and possessions all smell of damp.

 

They have a 9 month lease (private landlord). She will be bagging her books up tonight to reduce further damage.

 

They are both students studying at University but it is not university property.

 

What can they do or say to the landlord?

 

My daught is also an asthmatic and I am extremely concerned.

Expert:  Thomas replied 6 years ago.

Hi


Thanks for your reply.

 

The position is that she will be bound by the term of the tenancy unless there is a break clause permitting early termination or the property is unfit for human habitation or until she can produce a replacement tenant to the landlord. THe landlord is under a duty not to refuse a replacement tenant

 

If the state of repair (particularly damp) is very bad then she 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. They may find 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. Get copies in writing from the officer of any action taken.

 

She should also write to the landlord specifying the disrepair (ie. the damp), making a list of the reasonable repair required and ask that he make those repairs within a reasonable time (eg. 14 days). State that if the landlord does not make the repair within that time she 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 she can pay to have it done and then write formally to him requesting the payment of the cost, again within a reasonable time). If they do not pay she can issue a claim for the money herself through Her Majesty Courts Service's online service: http://www.moneyclaim.gov.uk/

 

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

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