Rented House: Question about mould/landlord
MoJo-Girl
Posts: 979 Forum Member
✭✭
Hi all
I am renting a house - the first time I have rented, having had a mortgage previously.
I moved in over the weekend and immediately noticed that the conservatory was mouldy, damp, smelly and one of the windows is blown. Also, the external door doesn't close properly - if given a strong pull, I suspect it would open quite easily.
When I viewed the property (twice), I didn't notice this problem. The first viewing was in the evening so the conservatory/garden was in darkness and I just peered through the window. However, I pointed out to the estate/letting agent that there was a washing up bowl on the floor in the middle of the room. She made a note of it. The second viewing was a week before I moved in. The previous tenants were in the middle of moving out and the conservatory was full of boxes etc so I couldn't have got in there anyway.
The letting agents are aware of it - and took lots of pictures during the inventory/walk round so that will prove that it was in that dire state before I moved in. Also, I've only been there about four days so there is no way I could have caused that amount of mould! The rest of the house is fine - I have decorated throughout (with permission of the landlord) so I have really made the rest of it lovely (in my opinion!).
I am meeting the landlord on Friday (tomorrow) for the first time. Is this something that he HAS to address or can he say that I need to "put up and shut up?"
Basically, what my rambling is asking, is:
a) Do I have to right to ask the landlord to replace/fix the conservatory asap? And can he say no?
b) If he says no, can I refuse to pay the full rent - seeing as I can't use one of the rooms of the house (I was planning to use it as a dining room)
Sorry if this is an obvious/naive question - I just haven't rented anywhere before and want to be "armed" when I meet the landlord for the first time!
Thanks in advance.
I am renting a house - the first time I have rented, having had a mortgage previously.
I moved in over the weekend and immediately noticed that the conservatory was mouldy, damp, smelly and one of the windows is blown. Also, the external door doesn't close properly - if given a strong pull, I suspect it would open quite easily.
When I viewed the property (twice), I didn't notice this problem. The first viewing was in the evening so the conservatory/garden was in darkness and I just peered through the window. However, I pointed out to the estate/letting agent that there was a washing up bowl on the floor in the middle of the room. She made a note of it. The second viewing was a week before I moved in. The previous tenants were in the middle of moving out and the conservatory was full of boxes etc so I couldn't have got in there anyway.
The letting agents are aware of it - and took lots of pictures during the inventory/walk round so that will prove that it was in that dire state before I moved in. Also, I've only been there about four days so there is no way I could have caused that amount of mould! The rest of the house is fine - I have decorated throughout (with permission of the landlord) so I have really made the rest of it lovely (in my opinion!).
I am meeting the landlord on Friday (tomorrow) for the first time. Is this something that he HAS to address or can he say that I need to "put up and shut up?"
Basically, what my rambling is asking, is:
a) Do I have to right to ask the landlord to replace/fix the conservatory asap? And can he say no?
b) If he says no, can I refuse to pay the full rent - seeing as I can't use one of the rooms of the house (I was planning to use it as a dining room)
Sorry if this is an obvious/naive question - I just haven't rented anywhere before and want to be "armed" when I meet the landlord for the first time!
Thanks in advance.
0
Comments
But in this case, no question - landlord to fix. If he refuses, go straight to Citizen's Advice and review course of action. Withholding rent is likely to be a breach of your contract, so I wouldn't advocate doing that until the last possible resort.
Your photographic evidence is a bonus. There should be no issue hopefully.
Not in this case, clearly.
Written complaint to landlord first. Give him time to fix the problem, reasonable time, not two days. Then the council. I wouldn't have thought there was normally any advantage in going to the CAB.
Council would be a go-to for assessing undue heat loss, acoustic problems or otherwise unsound building/structural issues; but mold/growths is something I cannot see them interfering with, other than maybe performing air/bacteriological tests to confirm risks to health. That wouldn't do anything for the dispute on who is responsible, though.
OP - despite the above, I strongly suspect that the landlord will see the growth is not your fault and should address accordingly. In case of an issue, link below is from the CAB website which may help (for England, which I assumed; Scottish sub-section on the site as well):
http://www.adviceguide.org.uk/england/housing_e/housing_repairs_in_rented_housing_e.htm
I'm a really houseproud person and want to be in a nice home - even if I don't own it. I can't abide grubby houses and can't understand how/why the previous tenants put up with it (they were there for two years according to the neighbours and never once opened the back door or a window - hence the mould).
I'm the opposite - fresh air is best!!
Thanks again.
Had you been there longer I would have thought similarly to Wonkey and wondered if you were ventilating the property enough. But in just 4 days you couldn't be responsible for a build up of condensation sufficient to cause mould. I am also wondering why the house wasn't thoroughly cleaned between lettings, I would have thought that normal.
However it seem the mould is only in the conservatory??? It occurs to me there are conservatories that are designed and built as fully habitable extensions to the house, double glazed and sealed to prevent water ingress. Then there are semi-habitable conservatories and others that are little more than lean to greenhouses accessible from the house.
In the case of conservatories designed to be outbuildings you can get algae growing which can appear to be mould. If the conservatory is of the lean to greenhouse kind algae would not be abnormal, although I would have expected it to have been removed by a proper clean between tenancies.
I don't think it was cleaned between lettings - the place wasn't grotty, don't get me wrong, but there were cobwebs etc which makes us think that no one had bothered. The kitchen worktops had been wiped down but when you looked closer, there were water rings etc so it hadn't been done properly.
That doesn't bother me so much - I would have given the place a clean anyway, I'm like that!
The conservatory is an extension - no other property in the road has one. It's UPVC and doesn't look that old (maybe 5 years?). The blinds are a light yellow/cream colour but towards the bottom, they are black with mould. They will need to be changed too.
If the roof is leaking (which the washing up bowl would suggest) then that is obviously were the build up has come from. Either the previous tenants didn't care and didn't tell the landlord, or the landlord didn't care enough to fix it - but I care and I refuse to live in a house, albeit rented, if the conservatory is thick with mould. Not only does it look disgusting and smells like a rugby player's jockstrap, but it's a health risk too.
I'll stand my ground with the landlord and hopefully he'll sort it out.
Landlord told to address mold - landlord blames tenant for condition - back to square one. Environmental Health will only insist on LL repairs when there is significant risk to tenant/others health. From the Shelter website: Local patches of mold/leaks are unlikely to fall under that remit.
Keen to stress again though that OP is highly unlikely to face this scenario.
I think (I hope) that he will already be aware of the situation through the letting agent's inventory and will be prepared to sort it out.
It's only fair - it it was something purely cosmetic, i.e. the colour of the garage door, I wouldn't expect him to be that forthcoming.
I'll keep you all posted. Thanks everyone!
It's easy enough to start with how there was no problem decorating everywhere else but you didn't want to do anything in the conservatory until you were sure it would last more than a few weeks before being washed away in a flood of fungus.
Mould at the bottom of blinds is most likely just from being by a cold window with lots of condensation - depending on location this can go unnoticed for a while. (i.e. not necessarily an indication of a problem)
If the door doesn't close properly that's something that does need doing - a requirement for the landlord IIRC as it's an issue for the security of the property.
And the window too, assuming 'blown' means 'broken' or 'with jagged opening'...
That was my thought as well, as from what Op posted about him being reasonable. from a legal viewpoint he is responsible for the maintenance of the structure and walls. If the damps been caused by a leak, he's responsible. If however lack of venting by the previous tenants have caused it he's not obligated to repair it unless it's considered a health hazard. Go to the council explain the situation and get them to send him a notice to remedy to situation if you have no luck directly with him. I hope that helps.
ps source - my work is in the family business we build/renovate/lease and sell properties mainly brought at auction.
It's always worth trying 'reasonable' first because there's half a chance of getting a decent result without having to argue and when it comes to tenants/landlords it's better to try and avoid that sort of thing!
You can ask your landlord to take action by all means, but he doesn’t necessarily have to respond and repair. Also beware of involving environment health or other third parties. This could again antagonise the landlord, and as with withholding rent, result in a retaliatory eviction. Generally only try to enforce action if there is a real health risk and you accept you’ll like have to move elsewhere.
It's always best to talk to the landlord first and give them the chance to remedy the situation. I'll always go round and see the situation for myself then discuss options. The landlord will need to check that it hasn't spread and the damp course. In this instance there is one minor issue, she's viewed the property in it's current state twice (but any decent landlord should have checked the property and remedy before new tenants). But if it's leased through an agency they also have a responsibility to ensure it's fit for habit.
I agree with this, I worked for a Housing Association, and just as you say, upon inspection I would find the walls green with mould, condensation pouring down the windows, piles of nappies drying on the radiators and giant aquariums. The general advice is to open the windows to ventilate, turn the heating on, leave it on low if out during the day and not just a quick burst when you get home in the evening. Move furniture away from the walls, the most common places for mould is behind wardrobes and in the corners. Keep the doors shut when cooking or bathing. There is no easy solution to mould and condensation. Call the Environmental health if you wish but they will give you the same advice.
Yes, that all seems sensible.
It IS hard for tenants (I am not talking about the OP here) sometimes. A lot of flats have no gardens, so washing has to be dried in the flat. And if someone is on benefits, they really want to keep the place warm, not have a howling draft blowing through it. But there has to be common sense. If I install and extractor fan, I don't really want it disconnected to save electricity - it is there for a reason. I don't want air bricks and trickle vents taped up. I have even offered people a modest discount on their rent if they will run a dehumidifier, but I can't stop them taking the money and not running the dehumidifier.
We would sometimes lend tenants a dehumidifier, but they would do a runner and take the dehumidifier.:D
My landlord called last night and came round first thing this morning. We had a walk round the whole house and he admitted that he hadn't been there "in a while." He was aware of the conservatory "leaking" through the letting agent but had NO IDEA just how bad it was. He said he was absolutely disgusted at the state of it and apologised to me several times. He said the smell alone was enough to show that the previous tenants never went in there and used it as a dumping ground - hence why we couldn't get in there for the viewings.
The letting agent had deducted some money from the previous tenants because of it but he wasn't happy that they had taken enough and said he'd call them and see what's what. That's obviously nothing to do with me so I won't know the outcome of that.
Anyway, he will get someone round to sort it. He also said that we can replace the blinds - at his expense.
Phew!
Thanks again for all your advice - I'm just hoping and praying it doesn't rain before it gets fixed! I don't fancy a swimming pool in the conservatory!
Looks like you have a good landlord, so hope it gets sorted out soon.