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Let property issues, what are my rights

43 replies

flg728 · 13/04/2017 09:37

We moved from the US almost 1 year ago into a managed property by MG. We have had several leaks (radiator and outside pipe). It took several weeks for anyone to fix them and have mold issues as a result. I understand mold is a common occurrence living here and also after you have had a leak. But the damage from the leaks are not being repaired and the mold is getting worse. The letting agent has said the landlord feels it is a decorating issue and does not have to fix. Is this true? Are damp/mold stains only considered a decorating fix? The mold is now on my ceiling and it's black - it isn't bad but it's mold! What are my rights? I've called the Council in who said, yes it's mold but that MG is busy and will get to me eventually? They also said I'm reacting like an American because mold isn't dangerous? Umm yes it is, it is not healthy to breathe mold on a daily basis. I don't know what to do.

OP posts:
PigletJohn · 13/04/2017 19:02

does anyone know if this bathroom has a window?

specialsubject · 13/04/2017 21:44

Don't worry about it, wowfudge - easier to believe the guardian than to think independently.

VivienneWestwoodsKnickers · 14/04/2017 07:21

OP, this isn't entirely about who's responsibility staining on a wall is. You've stated you believe the mould is a health issue. Why would you not take basic steps to deal with it immediately rather than let it become so severe it's a health threat?

It's definitely your responsibility to clean the mould up for now, but your landlord has the responsibility for the long term cause of it and the long term damage to his decoration of the house. However, they don't have to take action if they don't want to.

The treatment for mould and mildew is very cheap and effective. You can do it in minutes and protect your health. Photograph before and after, and send to the letting agent. Ask them for something in writing to confirm this will not be treated as damage by you the tenants, but that it will be accepted as the by product of a series of leaks for which the landlord has refused to take action.

wowfudge · 14/04/2017 11:16

OP can you post some photos of the mouldy areas in the bathroom and the damp wall in the adjoining room?

AntiHop · 17/04/2017 09:37

Don't use a chlorine bleach to remove mould. Hydrogen peroxide is apparently more effective. I've used dettol power and pure. It's not marketed as a mould remover but it works really well.

flg728 · 19/04/2017 08:29

OP here. Let me start by saying I have tried to clean the wall in the unventilated bathroom but the paint started to come off, I can't have more of an issue with the landlord and managing agent Martyn Gerrard by causing more damage. They are giving me a very hard time as it is. Also, just cleaning mold with bleach is not the way to clear mold - it's only a quick fix. It will only keep coming back.
The mold and damp stain are due to leaks that have now been fixed. Why wouldn't the repair of these be the landlord's responsibility? We unfortunately signed a multi year lease or we would move ASAP.

OP posts:
Kerberos · 19/04/2017 08:38

Has the wall dried out since the leak? Before you paint with anything the wall must be able to dry out. Are you certain that the leak now been fixed?

Some of this you can help yourself with some googling and behaviour changes. Now the weather is warm, leave windows open as much as you can throughout the property to create an airflow. If there is still moisture in the building then this will help to.clear it. What kind of leak was It?

VivienneWestwoodsKnickers · 19/04/2017 08:40

Just spray on the mould and mildew remover, don't wipe at it. Yes it's not a permanent fix, but surely if you're concerned about health effects, you'd do this every few days?

Long term stains can surely just be painted over? Buy cheap white paint and that's that. However, if they are continuing to grow mould the it's not just a stain, is it? That suggests it's still wet in there.

Is it a wall or ceiling?

LIZS · 19/04/2017 08:43

How long is the lease? Most longer ones have a break clause, with notice. Did you speak to Shelter yet, they can advise you on the lease term. If formally writing to ll doesn't trigger action then you could go back to council to see if they can put pressure on (although an isolated problem in a moisture prone area isn't really their priority as mentioned previously) or cut your losses and move on.

expatinscotland · 19/04/2017 08:53

I'd start taking video footage of it and what I tried to do to it. And check the tenancy agreement for a break clause, most have them.

PigletJohn · 19/04/2017 09:00

We still don't know if this bathroom has a window.

flg728 · 19/04/2017 09:09

Bathroom does not have a window. We air the house out daily, never hang dry clothes, heat in bedroom with damp stain is always on low while window is open per Council recommendation. I have no idea what a break clause is, now I feel like an idiot lol. Need to get my 3 year lease out to check if we have this break clause.

OP posts:
flg728 · 19/04/2017 09:13

also the bathroom is not heated

OP posts:
jaffajiffy · 19/04/2017 09:20

Call the council's environmental health team who should visit. They can serve notice to the landlord to fix the underlying causes e.g. walls holding moisture. It's not my understanding that mould is a tenant's responsibility; quite the opposite. Was it the environmental health team you spoke to at the council?

wowfudge · 19/04/2017 09:21

A windowless bathroom should have an extractor fan. It has been a requirement for over 20 years. Sounds like you need a dehumidifier in there to dry the wall out. I do not understand the reluctance of the LL to fit an extractor fan. If he has been asked to do this.

Damp stains can't just be painted over with cheap emulsion as the mark will quickly show through, even if you can cover it. It will need stain stop paint over it first. But it is not worth doing anything unless the place is dry.

Maggy74653 · 19/04/2017 09:21

Use proper mould and mildew cleaner not bleach. I don't think it's worth worrying about the paint being damaged as it already has been by the mould. Also take photos so you have proof if they challenge you about the damage.

As the cause of the mould has been fixed as long as you are airing the room and aren't leaving it damp then the mould shouldn't come back.

I can understand it is frustrating that the landlord isn't doing anything but if I was in your position I would get rid of the mould myself quickly (as it is bad for your health) and then battle the landlord about the matter.

flg728 · 19/04/2017 09:23

Yes, the environmental health team from the Council came and inspected. They agreed it was mold but that Mrtyn Gerrard is backlogged with repair work and that I am not a priority

OP posts:
PigletJohn · 19/04/2017 09:29

Assuming this is in England and Wales, it's very strange to have a bathroom with no window and no extractor.

I don't know how long the Building Regulations have required bathrooms to have at least one of these options, but it's a long time.
www.planningportal.co.uk/info/200130/common_projects/34/kitchens_and_bathrooms/6

BRs apply when a house is built or converted, or if a new bathroom is added. London has had BRs or similar for over a thousand years, other districts somewhat less. I wonder if this is a non-compliant conversion.

I wonder if it was converted post build? Or if an airbrick has been blocked up? Or if it used to have a ducted extractor that has gone wrong? There are a few people who have an aversion to ventilation and like to turn extractors off, in which case the remedy would be to reinstate them.

It's so rare to find a bathroom with no window and no duct that the usual people who deal with tenant complaints will not be expecting it. The usual remedies and advice will not solve this problem. I suppose it might be a Statutory Nuisance.

Having verified that there is no window and no ventilation, mention this at the start of any complaint or query.

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