Hi, i recently asked an online lawyer a question regarding lack of property maintenance and damp in my girlfriends hose where she has two young children, but I cannot find a link to the lawyer who I spoke to, I will ask another question as some starting from the top.My girlfriend moved into a private rented two bed terraced house on march 7th 2012 (she is on housing benefits) the contract is for 12 months with a break clause after 6 months on a shorthold tennancy. There has been a damp problem in the house and she feels it is not healthy for the childrens health, there is water ouzing out of the walls in places and now there is mould growing in some small areas but it is getting worse every day, the damp extends into the bedroom walls and has a strong smell which irritates the throat, every day i am noticing new patches, the landlords were informed of the problem not long after she moved in, they said they had a damp course two years ago and arranged for the company that carried out the work to have a look and rectify the problem, they came a month later in may and did a poor job, just sanding down (not even beyond the paint layer) and applied some kind of solution, but in the last couple of weeks the damp have gotten 10 times worse. One land lady came and visited the property and said there is no damp, so my girlfriend arranged a local company to take a look, they said there is lots of damp and are writting a report to that effect, i have also been taking pictures, after the landlady came she has been complaining of the problem, now they will no longer accept her calls and have said that any contact made to them must be through her solicitor or by text message, but the solicitor will only reply, not the landlords (the solicitor shares the same surname as one of the landladys) so my girlfiriend no longer has direct contact to her landlords, the solicitor said an email to him is good enough and that he is now acting as the landlords agents (but this is not stated anywhere in the contract) In the last few days she has been sending lots of emails and pictures, hes first comment on the pictures said it is purely cosmetic when clearly it is not, she has sent further pictures to which he replied he will get the damp company responsible to come and have a further look, but he has not said when, i am concerned as it took the landlord 3 months to unblock a gutter and i am concerned for the health of my children, she has had to move her furniture to the middle of the room to stop it getting damaged and now her clothes in the wardrobe are damp to the touch as are all the beds and bedding, she has told the solicitor that this is not acceptable, but she cannot directly contact the landlord, so if she had an emergency she would have to email her solicitor and wait for a reply, she has stated to him that she is not happy and they have made a fundamental breach of contract and she will be moving out on the 16th july, she has paid 4 months rent, so she will be leaving two months before the break clause, the deposit is in a scheme where both parties have to agree to release it, where does she stand, she is worried that is she leaves the landlords will sue her, but if she stays her childrens health will suffer and her property and clothes will get damaged, thank you, Russell.
Province/Country relating to question : UK
cab, but they cannot help, she cannot afford a solicitor as she is on benefits, council but they cant do much, environmental health have done nothing as yet.
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Well the situation has worsened, the land lady's will not longer talk to her, is this a breach of contract? the damp has got worse, basically the solicitor will not release her, but she is determind to move out on the 16th july has she has found another house, will the damp report stand up in court and all her pictures she has taken if the landlords were to take her to court, it is rumoured that both the landlords between them are worth about £10 million, bot of their husbands are solicitors but i have also been told they are strongly involved in their wives property businesses, my girlfriend also needs some advice as to what to do with the keys if the landlords wont accept them.
Yes this is a breach of contract.I informed you before a fundamental breach and the longer you leave it, the harder it is to claim this.You need to consider when this is a fundamental breach and if it is - decide to leave straight away.If you have a damp report, yes this helps in Court - it is evidence, as well as the photos.If the Landlord does not accept the keys back, then your girlfriend just needs to post them either by Royal Mail or by hand through the letterbox.You should also consider asking the Council to look at the property as they can force the Landlord to improve it. Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. Thank you. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Thank you, XXXXX XXXXX has given notice to leave on the 16th july, as this is when her new tennacny contract starts, so she cannot leave before then, one more point she forgot to mention is that her father is the guarantor, will he be charged for the remainder of the rent, he has moved house since he signed the documents and i dont think they have hes new address, she has contacted the council and environmental health are supposed to be visiitng but nothing as yet, the landlady also told her she had no right getting a damp expert in to check the problem, so the landlady is alsi telling who she can and cant have in her own home.
Yes, he could be charged for the rent but if they do not have his new address - they can not find him to ask for it.But if the tenancy is terminated and she is chased for the rent, she could issue a claim for breach of contract and claim compensation.So yes, she should take photos of the property and can claim compensation for breach of contract. Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. Thank you. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Ok thank, sorry im a bit confused by the last statement, you say she a couple of times, who are you reffering to, the landlady or my girlfriend, thanks.
Forgive me - she - your girlfriend. Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. Thank you. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
sorry for this but can you just confirm if both of these she's are my girlfriend.
Yes your girlfriend could, in theory be chased for rent, but she can counter claim for the state of the property.Yes, she, your girlfriend should take photos about the state of the property.Yes, your girlfriend could claim compensation. Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. Thank you. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
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hi, thanks, my girlfriend has told the landlords solicitor she is moving, but they havnt replied to any emails or text messages, she has reported further damp to them, but they dont seem to care, so she will be moving soon, she has had the independent damp company in and they have said there is also damp in her bedroom, so if they do try to claim back the rent she should have a good case against them
Yes she should - good luck
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