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Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 69790
Experience:  Over 5 years in practice.
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My son has as tenancy which started in July 15. The house

Customer Question

My son has as tenancy which started in July 15. The house was freshly decorated though not professionally ( family of landlady due to family business renting houses to multiple tenants). Since early September the heating and hot water has worked intermittently and with the damp weather the walls in the kitchen have started to have damp patches. Also the chimney breast running though the house has serious damp coming though. I visited to inspect the house and it is obviously very cold and the atmosphere is very damp generally. The land lady has sent a man to look at the boiler but he shows no Gas Safe Card and is unable to fix it. she also maintains the damp is due to the tenants blocking the drains. Which are not blocked. the sinks shower and toilet all run freely and there is no back flow in the toilet whatsoever. She is doing survey on Saturday in order to assess the damage the tenants have made. they are 4 young professional people some have not had a tenancy before.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Jo C. replied 1 year ago.

What would you like to know about this please?

Customer: replied 1 year ago.
Hi
As the tenancy has only been since July and the damp is covering most of the walls 4 rooms since October it is obvious it i not due to neglect of the tenants.How can we ensure the repair of the house in good time due to the winter upon us?
How can we ensure the tenants are not blamed for the problems hence withholding their deposits.
Heating keeps breaking down and it can be 1 week before the landlady arranges a person to look at it, who does not present the Gas Accreditation card he should have. So has the person the correct qualifications?
How can the tenants defend themselves when being accused of being responsible for the damp and boiler? They are all frightened they will loose their deposits.
Expert:  Jo C. replied 1 year ago.

Why is it obvious it isn't down to neglect?

Customer: replied 1 year ago.
it is obvious it is not neglect by the tenants because they have only been in the house 3.5 months and have not been in long enough to create a damp problem. Also the damp has only been coming from the chimney breast since we have had the long term rain Approx 4 to 6 weeks.
Expert:  Jo C. replied 1 year ago.

I am really sorry but that does not prove neglect. In fact, damp is generally caused by the manner of occupation. It is not usually chased by neglect of the house save for failing to treat a pre existing condition.

A better point is that it might not be attributible to these tenants as opposed to the previous ones.

The only way to evidence gather really is to take photographs and complain to the landlord. If they ignore this he probably will try to blame them and it will be easier to do that later than earlier. Can I clarify anything for you? Jo

Customer: replied 1 year ago.
Thank you for your helpI appreciate it.
Expert:  Jo C. replied 1 year ago.

No problem. All the best.

Please remember to rate my answer.

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