Daughter moved into uninhabitable fiat, help!

[dingit]

Got the keys 2 days before Xmas. We helped her move in just after.
It was raining hard that day and an entire wall of that flat was wet from water coming through chimney breast and or roof.
She also has water running down the walls in her bedroom, mould and damp bedding and clothes.
She has the heating on and extractor fans going while cooking and showering. Windows open. She's wiping moisture 3 times a day from windows.
She suffers from asthma and can't stay in it, but how does she end her tenancy?

A responsible landlord would want to know about issues as their property is their asset, so contact them directly by letter. It could be an issue with the roof. You have no idea of the truth when a letting agent is involved, and commercially invested in the deal. Buy a dehumidifier as well to improve air quality. The land registry will yield owner details for a few quid. Environment department at the local authority will inspect and enforce, but tell your daughter that the landlord may serve notice at earliest opportunity if they are not interested in tenant welfare. However, if not remedied, she should leave anyway as it is not good to live in those conditions long-term.

She has to inform the LL, but a responsible LL will already know about these issues. The wet walls and mold appearing to that extent in a week are not sudden, new problems. The LL cleaned it up to show and hopes to get away with putting the tenant off until she moves out and they can clean it up again to rent out to someone else. So while OP’s DD does need to go through all the right steps she should be under no illusion that the LL will be responding in good faith. She needs to enforce her rights and try and get out of there and get her money back as fast as she can.

If she gets nowhere tell her to speak to the rentable standards department at the local council, they deal with landlords who let out properties that are unfit for private rent & prosecute them

Your dd should check her contract. There should be a clause about the house being inhabitable. There should also be a force majeur clause for winding up the tenancy early, but idk if this clause really covers rain coming through the chimney in this way as I thought that was more for freak weather conditions. I haven’t heard of the 60 day wind up clause tbh but then I’d never let property with any kind of mould or leak issue.

I have read shelter give good advice and yes to contacting the local council.

Once you've signed a tenancy agreement you are liable for the rent

Not so fast.

Deliberately offering the other party goods / services with known hidden faults doesn't give you much rights.

A week of heavy rain is not exactly a one-in-hundred year event for UK, so this mould must have already happened in the past more than once.

Not sure the landlord would get very far if the matter ended up in courts.

She needs to contact everyone in writing, email is fine, with photos asap. She should have done it sooner but that ship has sailed. She also needs to read the tenancy and contact Shelter for advice if necessary. The landlord's name and address should be on the title register available to download for £3 from the gov.uk Land Registry website.

I rented a house out in the past and only found out about a number of issues when the tenant contacted me directly threatening to withhold rent. She told the managing agents, but they had done nothing and not let me know the issues. I got everything fixed in the space of hours and she stayed for four more years.

Estate agents seem to have no compunction to help tenants. The system is broken in that regard. They cream off the landlord in return for complicity in sub-standard accommodation.

Be prepared to go legal OP fairly quickly after your daughter gets rebuffed, which is a 99% probability.

I don't suppose you can say who the estate agents are? Or even the city?

Her LL name and address is supposed to be on the tenancy agreement but many hide by using letting agent’s details.
Photos, everything in writing. Read tenancy agreement for clauses on uninhabitable property etc.. Quote those clauses in complaint.
Contact environmental health at local council.

She can unwind the tenancy due to the flat being below legal standards. She needs to get legal advice and send the estate agent notice. Take tons of photos and videos documenting the flat is not habitable.

But she also HAS to immediately vacate the flat and hand in the keys. Her liability for rent ends the day she hands in the keys. You cannot successfully claim the flat to too shit to safely live in it….and keep living in it!

This. But she doesn’t need any permission to vacate the flat and hand in the keys. She needs to do this ASAP. They cannot charge you rent past the day you vacate and give keys back so long as you’re also doing the legal written notice that the flat is substandard and not fit for occupancy.

Didn't she notice any of this when she viewed the flat ?
Problems like this don't just occur overnight

You’d think, I had a flat exactly like that. Not in Kent by any chance @dingit ?

No one would help me, I left early but still lost some of my deposit. Went to a tribunal but they awarded 60/40 in my favour. Sadly, it’s very difficult to get help with this sort of thing.

Is she the top floor flat? If you say it has rained heavily then it could be something relatively small ut with big impact.

We had our entire month's rainfall in a single day in November and the flashing round our chimney developed a crack (probably been there a long time but the persistent rain definitely showed it up!)

It's our house so we were able to go into the loft and try and sort the worst of it by catching the water but it was running down beams straight into bedroom walls. Was a relatively minor fix to resolve.

The reaction of the estate agents or landlord today will dictate how you go forward.

The mould looks quite new sho it could be a new problem only just showing, or it could be they removed and freshly painted to hide an old problem but the smell of damp is usually quite noticeable.

Agreed - although it's sad for anyone having to live in a leaky car.

If the agent/landlord doesn't do anything sharpish, she should contact Environmental Health at her local council. They have statutory powers.

Environmental health inspected my relatives rented property and told LL it was not fit for human habitation. They were given choice of refunding tenants immediately or being prosecuted.

Relative and other tenants moved out the same day with all their rent / deposit refunded.

I didn't understand the Alfa Romeo jokes until I read my phone in daylight 😂
This is her living room wall this morning, water running behind mirror

Make sure your daughter takes plenty of photographs and video of the problem. Video is obviously particularly good at showing the severity of a problem. Evidence will help when the landlord attempts to minimise the issues with the property.

We saw the cracks and a patch that looked repaired. Upon moving in we found a large tin of damp sealant.
No the flat is in Portsmouth
The flat is top floor and my first thought was chimney flashing

I'd try to get someone independent in as a witness

That’s awful. My heart goes out to your DD as she’s obviously tried to make a cosy home of the flat…and to have it all ruined by a shit LL. 😣

It’s missing the point, but your typo is my favourite thread title. Spirito di Punto

So sorry. I hope the LL sends someone to check the gutters/roof. White vinegar kills some mould but as the flat is so wet, it will continue to reproduce.

Warn your daughter to keep her clothes well ventilated - I lost a lot of clothing here in the very damp fitted wardrobe.

She could contact Shelter 0808 800 4444 for advice. I did this before. They helped me do a letter quoting paragraphs from my tenancy agreement and how they were failing to meet their responsibilities as a landlord. The landlord shig himself, released me from the tenancy and returned my deposit in full.