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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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My Son rented flat as just been inspected for damp. Clothes

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My Son rented flat as just been inspected for damp. Clothes have been destroyed and black showing on wall even though he cleans it with the damp spray. The Damp man has informed him that it's the building and the bad weather we've had this year. He said that he would recommend an air vent but due to the cladding that has been put up this wouldn't work. He has said he will advise another heater but nothing else can be done. My Son has been suffering with persistent colds and coughs as has his girlfriend. They have got to wait to hear from their agents. But if nothing can be done what can they do. I'm very worried about their health.
Hi,

What has the landlord said about this?

When does the fixed term of the tenancy expire?

Tom
Customer: replied 4 years ago.

Nothing heard from Landlord as yet report just going in.


 


The Tenancy run's for another 9 months with the option to give notice at 4 months with 2 months notice

Hi

Thanks for your patience.


The basic position is that a tenant will be bound by the full term of the tenancy agreement unless there is a break clause in it entitling the tenant to terminate at a certain point during the term or the property is unfit for human habitation.

If the property is unfit for human habitation then this would also entitle the tenant to terminate as it would be what is called a repudiatory breach of contract, which is a breach of contract so serious that it does to the root of the contract to deny the tenant the whole or substantial whole of the benefit of the Contract.

The damp is something that can potentially form the basis for unilaterally terminating the contract on the basis of this, particually if there clothes are being destroyed and they are suffering colds because of the this. The issue is documenting it in order to discharge the burden of proof,.

They have a right to enforce the repair of the damp against the landlord. They
u should formally write to the the landlord specifying the disrepair, required and ask that he make those repairs within a reasonable time (eg. 7 days) and that they should be provided with heaters as an intermin measure. State that if the landlord does not make the repair within that time then they will consider it a repudiatory breach of contract. Send by registered post and keep copies of everything.

You have done the correct thing in contacting the local authority. You should ask them to carry out an inspection under P art 1 Housing Act 2004 using the Housing Health and Safety Rating System . If the damp is bad then they will confirm this in writing to you and landlord and you should ask for a copy of the report so that you can use this as evidence.

You should also get them to see a doctor to see if the doctor is willing to write a letter confirming that it’s probably the colds were caused by the damp. Also take photos of the areas affected and the clothes. See if the damp man can confrm his findings in writing.

If the local authority confim the severity of the damp and you collect all this evidence you should be okay to terminate on the basis that this constitutes a repudiatory breach. .Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
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Customer: replied 4 years ago.

Hi Tom


 


Many thanks for your advice this will certainly help I will be contacting my Son today with the advice sent.


 


Thank you for your excellent service.


 


Margaret Harrington

Hi Margaret,

You're welcome,I would be grateful if you would kindly rate my answer now.

Kind regards

Tom