Rented House. Flood. Asbestos. Gas Check. ARGH!

[BrittaPerry]

I'm pretty sure our landlords are essentially OK, but I would like to know where we stand just in case, because I suspect this could cost them quite a lot of money and I know they are only renting out the house to save money while they live with relatives...

OK. So.

We rent a four bedroom terraced house for £595 a month. We have been here since April 2011. For the first six months we rented through a letting agency, then the landlords took over with another six month tenancy, which we haven't got round to renewing. The gas check hasn't been done, but I am pretty sure this is an oversight rather than the landlord being a knob.

The landlords are a young couple with a little boy of around the same age as our little girls, and they are living with a set of parents (I think his, as hers live in China as far as I can tell) while they set up an accountancy company. They told us they intend to get more houses on a buy to let basis, but I don't think they have yet.

We haven't once bothered them in the entire time we have been here. There are now some minor repairs that need doing - mostly leaks from water pipes that we can't fix and are reluctant to try anything drastic. We were hoping to mention them when we got the tenancy renewed but never got round to getting it sorted out. The only time the rent was late was this month, by one day, because of a problm with the bank - it is only actually due on the 1st of the month anyway, but we pay it on the 28th to make sure it goes in, but the landlords mum mentioned it yesterday (we were intending to sort it out anyway that afternoon, but we had got a bit distracted by the fact that the house was flooded)

So, yeah, the main thing. The house got flooded on Thursday. The storm drains just couldn't cope, and the entire street (and the two behind) was trying to drain into the drain at the backs of our houses. The water rose by about a foot in an hour outside the house. The neighbours were out trying to fix the drains, and I offered to help, but couldn't really do much except try to block the doors with towels and duvets because DH was stuck on the other side of Newcastle in the weather. Luckily only the floor got wet as not very much got in, although you could splash about in it- the house floor level is higher than the outside floor level. The carpet was absolutely sodden and we are waiting to see if furniture, laminate floor, kitchen units, etc will dry properly. The house stinks of damp.

OK (sorry, I'm trying to get all the details in) so we tried to ring the landlords but they are on holiday in China. The mans mum was in though, so she came round and told us to take the carpet up as soon as possible, which we did. Underneath are some old seventies style vinyl tiles, which I actually quite like, but my dad saw the picture on facebook and said they probably have asbestos. Some of the tiles round the edge are broken.

I turned the electricity off when the water started coming in, which made the security alarm start beeping. We couldn't find the number, so, after several hours (bearing in mind we had been trying to save the house contents, I had seen a few puddles turn into a foot of water in an hour whilst trying to keep the kids safe, DH had been trying to get home for four hours in thunder and lightening and really extreme rain - we were stressed) DH took the battery out.

Luckily, we have contents insurance (we only took it out on Tuesday!) so we will try to claim for our rugs and any of our furniture, food, clothes, toys etc that doesn't dry out, obviously only if the excess makes it worth it.

..I think that is it. Oh, 5yo DD1 has mild asthma, so I need to be extra careful with dust and damp etc. Both kids are, well, not traumatised exactly, but definitely more clingy and upset. (DD2 is 2.5)

So...HELP! What is our responsibility, what is the landlords, what needs to be done, etc?

Three houses were affected (we are in the middle) - the next door neighbours have lost kitchen appliances and brand new carpets, so we are lucky really. It was really scary - at the rate the water was rising, I thought we would have to be rescued if it carried on raining. It was really, really extreme weather - the type that no planning can really help with. The tyne bridge was struck by lightening. There were landslides on to the Metro tracks. Everyone is scared of clouds now :(

I hate things like this :( Somebody should be in charge. I don't feel grown up enough :( I had never even had insurance until this week, never mind made a claim. I think that, if I owned the house, I would be more confident. I think.

I do not know the answers to these but hope you get them. Must have been horrific and glad you are all OK (if a little freaked by it all - understandably). If you get no replies here I would seriously consider CAB. Un MN hug sent to you all.

Landlord's mam seems lovely. She is trying to organise a dehumidifier. So that is good.

We are so skint at the moment - this is the last thing we need. :(

You just don't think it will happen to you, do you? We live nowhere near a river, although apparently something to do with the fact that we live on top of a filled in coal mine means the water drains strangely.

I doubt 70's flooring would be asbestos, it was mainly used as an insulator or in building materials. LL should do any structural repairs, carpets and redecoration through insurere (it is up to his mum to liaise if they are away) and arrange drying out. They may have insurance to cover your costs if you need to move out - although their actions hitherto would suggest they are doing it on the cheap and may not have organised specific rental insuarance. Lack of an annual gas certificate is actually illegal btw, which makes you wonder what else has been overlooked. You then claim for your items from your insurer. If you get no joy with ll then contact environmental health at your local council as ongoing damp could be a hazard.

LIZS is right - not having an up to date Gas Safety Cert is illegal - very poor and quite shcoking especially since the LL's want to do more lettings.

The LL's should get a insurance assessor out from their LL insurance company to assess damage - which may pay for you to stay in hotel etc until everything sorted out. I think they should have offered you this and a reduction in your rent for the month. LL's mam should have had a dehumidifier round pronto at the very least. I do hope they informed and got permission to let the house out from their mortgage company and took out relevant insurance.

Phone an organisation such as shelter if you need advice on what LL's should be doing for you.

Good luck - you sound like a lovely, reasonable tenant. The LL's sound very very slack

Spoke to the LLs mum - she says that all the shops are shut so she can't get a dehumidifier till Monday. LLs can't get in touch with insurance till half way through the week.

TBH, the house is habitable, just smelly and cold as we have all the windows open to dry it out. A rent reduction would be great though, especially as DH had to take time off to get that carpet up, and I have got behind with uni work and my work from home job to clear everything up.

My friend said I should be disinfecting everything even though it was only storm water, to stop mould. Is this right?

LLs mum was also shocked when I mentioned the gas check - she said she didn't think we had been here that long. I remember joking about it being April fools day though, when we moved, so it is definitely that long.

Also, where should we be looking for damage? I keep noticing more :(

Oh, and the fact that the electric is working means that it is ok, right?

Some older floor tiles do have asbestos in.(Are they lino like, or solid quarry /terracotta type ?) This is only an issue if they are getting broken up, but it sounds as though yours are breaking? If they are lino like they may have asbestos but it is easy to get them tested if you can break off a teeny bit. Fired type tiles did not contain asbestos as far as I know, but again easy and not very expensive to get it tested. (We have had umpteen things in our house asbestos tested. One ceiling had it in the artex, all else was fine). Yes you do need a gas safety check, and you should have a carbon monoxide alarm if you don't , get one asap. The landlord needs to make everything sound again- I would think you personally need to get the tiles tested and then you will know that the result is accurate. Call the gas board and ask for a safely check and ask who should be footing the bill. You can deduct it from your rent if it is the landlord. Sorry you have been flooded. I've lived on two boats that sunk, so I know how much damage water can do!

Where on earth are you? Most large shops round here open on Sundays as do insurance companies. Personally I'd want the wiring checked asap, as it could still short circuit or spark if damp.

Boats that sunk!

We are in the north east. Apparently B+Q type places have sold out (because everywhere flooded) and builders merchants are shut till Monday.

If the LL won't pay for the electricity/gas to be checked, what do I do? I don't have the money to pay upfront and be refunded - we should have thought about this before we paid the rent yesterday...

Oh, they are lino style. Very seventies.

I have no idea how to even ask the LL's mum for stuff like this. She is clearly trying to be nice but has no idea what to do.

Yes, the general rule is to withold rent until you are satisfied that the property is safe and sound. I would call gas and explain, I think they may do free safety checks possibly.
Yes boat(s) sinking was not much fun. Each time up to the gunwhales so almost everything wrecked.

My Dad is a builder who has done quite a lot of asbestos removal, and I posted a picture on facebook of them to say how retro they are and he told me that they look like they will have asbestos in them.

When you say "call gas", what do you mean? E-on?

Argh. This is meant to be one of the benefits of renting, that you don't have to deal with this. If I owned it, I could have had the insurance people agree to a safety check, got a tradesman to come round and tell me whats what and I would bloody well know if I had asbestos in my house!

I suppose China is very restrictive, but they have skype. The reason for the insurance delay is that the LL doesn't have the details with him in China, so is trying to find them out.

We were actually thinking of offering to buy this house in a year or so as well.

As far as I am aware the landlord is responsible for dealing with ALL issues relating to flood damage to the house, you are responsible for your belongings only. Your DH should not have been expected to take a day off work and pull wet carpets up, the landlord should have got someone in to do that. Any further sorting of the house due to flooding get your landlord to do it pronto.
If dehumidifiers are sold out locally then the LL needs to try hire shops or further afield. If the council if offering assistance to people affected by floods they may be worth the LL speaking to.
Don't let LL pass the buck - they are responsible for sorting things out not you. Be assertive - state you expect things to get sorted ASAP for the sake of your daughters health.
A rent reduction is entirely reasonable.
Re the possibly asbestos tiles, speak to environmental health officer in your local council.

its impossible to tell without testing though- we had several similar artex ceilings, all were tested, only one had asbestos. We had some render that really looked as though it had asbestos, but it was fine.

I'm rubbish at being assertive though, and the house looks fine, if a bit mucky. It just feels and smells damp and dusty. When she said we were allowed to take the carpet up, she said she was sorry her husband couldn't help, but he was busy that day, so DH did it by himself. I don't know what they would have done if DH wasn't up to it.

LLs mam says that it can't be asbestos, as the LL had it all tested when they moved in...looks very like the pictures of asbestos tiles on the internet though...

What do I need to say to her on the phone? She just said that she has a list of numbers to try on monday, and that now the carpet is up, it isn't urgent. She is really nice about it though. How do I word it without them just deciding to evict us?

Have you tried calling your insurance company? They usually have a free legal advice line, and can be really helpful, they will also tell you if you're covered for relocation expenses, even if you don't think that you need to move out.
It can take months to dry a house out, and storm water can be a huge problem as it can be mixed in with raw sewage from the drains. Your house needs drying out, then all of the affected plaster needs taking off the walls, carpets removed, floors cleaned, electrics checked etc. The should have buildings insurance as it's a condition on most mortgage policies. Insurance companies for contents will do all of this, even drying out, so she needs to sort this out.
There are companies which test for asbestos, if there's a powder coming from the tiles then I'd be very wary.

It is urgent though, Britta. As I said, storm water does contain raw sewage, also the electrics do need checking. The insurance company will be open now, and tomorrow. Tell her that it smells terribly, then ask her if she'd be happy to stay there.

My insurance doesn't cover legal advice :(

The flood didn't get as far as the sockets - it was just kind of puddle height really - the carpet looked fine until we stepped on it. I will upload pictures.

CAB on Monday?

Same procedure, drying out and the plaster needs replacing to just above the water line.

The water didn't get above the skirting board though - does it still need replacing?

Pictures on profile, btw.