How to Report A Landlord That Doesn’t Comply With Health And Safety
Written by The Landlord on 19 May 2009I’m under no illusion, Landlords have a bad reputation; real bad reputation. Unfortunately, it’s a difficult stain to wipe off while so many rogue Landlords continue to operate. Over the years I’ve seen some real shady landlords do the most bizarre shit, either because they’re too lazy to do a proper job, or because they want to cut corners in order to save money. From my experience, most of the wrong doings have been health and safety related e.g. neglecting to get a Gas Safety Certificate.
I don’t claim to be the best Landlord, but I try to be, and I do stick to the law by complying with all landlord legal obligations.
I think a major problem is that tenants aren’t always familiar with their rights and have no idea if they’re being mistreated or not. That unfortunately works in the favour of the rogue landlord. However, I’d like to think that the majority of sane tenants are aware of their most basic amenities they’re entitled to. For example, flowing hot/cold water and working heating. Surprisingly, some Landlords don’t even provide the basics, or take their sweet time to get the basics back in working order when repairs are required.
Report your bad landlord
If you’re a tenant and you’re fully aware that your landlord is breaking health and safety laws, you should do the following:
The Health and Safety Executive is the place to visit. There is an option to report a landlord online either via the website or via email. Alternatively, a designated team member will call you back within 1 hour (tested, and it works).
HSE will only deal with the present situation, and not with the past. So, if your landlord hasn’t provided you with a Gas safety Certificate for 3 years, the landlord walks unpunished for the first 2 years. As for the present situation, HSE does take immediate action and they start by writing a first letter, then a second one, and then they take the landlord to court if he/she fails to provide the certificate after the second letter.
So, if you’re a tenant that is at the mercy of a rogue landlord that isn’t complying with their health & Safety legal obligations, report him/her.
Out of curiosity, any tenants ever had a Landlord that neglected their legal obligations in any shape or form?
82 Comments - join the conversation...
Estate agents will charge anything up to £150 each applicant for a reference/credit check, one insurance company will provide this for £22.50 for a 24-48 hr turnaround, or £31.50 for same day. This is surely extortion or corruption.
I'm told that landlords can't get insurance to cover them for tenants on benefits, yet on a google search for landlord insurance, the first one i clicked on would provide it no problem, and quite reasonably priced. Also it would only cost a landlord £90 for a year's cover in case a tenant defaulted on their rent payments of £700/month! so for £90 the landlord is covered for £8,200, minus a month's excess.
Are we seeing the return of the days of Rackman? Come on Landlords, play the game, if you are doing it as a business, then these insurances are surely justifiable expenses that can be offset against earnings, and actually save you money!
Peo...ple are being made homeless because of this greed.
The only exception is the landlord who is a widow/er who rents out their only home as it is too painful for the memories, and uses the rent to pay for their care home.
Come on people lets work together to get these Landlords born with too many kneecaps sorted out and becoming valued members of society! Spread the word landlords and estate agents are the scum, not families in hard times on benefits!
If you are a Good Landlord, then work on bringing the bad ones down. The revolution is here, and the hunt has begun!
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1. When the roof started leaking it took him 3 years to get it fixed.The first time was by a bloke who turned up in a vw beetle,needless to say in a month the roof was leaking again.
2.We always had to get the gas checked ourselves and take the money we paid out of the rent until that it he said we can no longer so that.
So now we have to write letters and badger him by phone every time we need something done.
3. Our hot water (at this moment) is not always running hot (annoying when you need a bath),we are now into the third week of waiting for something to be done about it.
4.oh and its a 1year 5 months since our boiler was last checked and out of the 10 years we have been living here it has only been twice checked by someone he arranged to have come round.
5.i could go on about the sink,bath taps etc but i'd only bore you :)
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I know landlords have got to protect their investments,after all it is their property we are living in but the goverment realy does need to add a few more laws for the tenant for our own protection.
Just reading some of these posts here i can't believe how bad some landlords can be and there should be an offical place to call when these shady types rent outrageous "places to live" and do things unbefitting of a landlord.
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1. Kitchen floor is rotten and i fell through it right at the entrance to the livingroom, refuses to fix hole.
2. floor under kitchen sink has fallen through and i lost all my cleaning supplies (theres no way to get under the place to retrieve them.
3. Septic tank is backed up im sure because our toilet doesnt flush.
4. bathroom sink has no cold water because the pipe has been cut.
5. dry hookup has no ventilation hole for the dryer hose.
6. Had made numerous calls to our landlord that our air conditioner had went out, he never came to fix it, we had to do it ourselves, turns out that the wiring behind it was completely gone and had melted away, leaving us to know that our home is not safe, thank goodness we are only on a month to month lease but we cannot afford to move. Oh and one more thing, this trailer was built in 1960 and he demands that we pay 400 amonth, doesnt all this sound just a little bad to you?
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I didn't mind originally, to be honest, as the rent was low: bottom of the market and not me abusing the HB system, so affordable to pay myself when going back to work) - and my child was a young toddler...but over the years I suffered from increasing stench nuisance and floor/ceiling banging from my Wiccan-practicing neighbor beneath me. She had mental problems - I'm sure the locally well-versed reader will agree, that 'Elderly Psychiatry' is a different sort of problem in Cornwall.
When it became too much + me becoming suddenly health-affected by 'Wiccan incense' emanating thick and at bizarre times (like 2-4 am) into my place - ventilation impossible thanks to the post-Victorian architecture of the building - I dared to complain at my landlord. Between the communications I understood that she had been in fact 'encouraged' to target a third tenant on the ground-floor, who was an elderly gentleman with legally protected tenancy status (a very rare breed, indeed!) and who was with a different landlord. My landlord wanted to get him evicted, even had threatened several times, so that he could buy 'off' his flat cheaply with the idea of owning the whole house in mind. To cut a long story short, when I dared to involve the Police and my GP (both - big mistake!!!) in a desperate measure for help, I became evicted instead. Because I had not jumped onto the same bandwagon and by back-stabbing a third party, I also had not agreed to a rent increase for 50 Pds p. m. In my view my landlord simply had turned more greedy + wanted to squeeze more out of my HB entitlements which I did not wanted to claim. It was a shocking experience to conclude that he simply evicted me as a kind of solution, as I had turned whistle-blower and started to cause him now trouble. Which came of course at a very tricky time to me: I was penny-less, my then 8-year old had just settled happily at a new school after home-education.
Well, three years later there are happy and a not so happy endings: after a few months of distress and flat-hunting I'm lucky to have found new and much better landlords, but only through private initiative as the market is truly desperate. The rent is much higher now, even slightly above local HB allowances, but the accommodation is clean and healthy as only recently built with EU regulations in mind. It's a huge improvement as I'm talking 'Health & Safety' and low carbon-footprint, so all-over lower costs for electricity, water + gas. And even, only a month ago, I have been offered by my new landlord a new place in the catchment area of my son's Secondary School, which makes me feel very appreciated as a tenant...
And in the old place: well, the apparent by law 'protected' tenant (what a rare breed!) had finally become evicted through a lengthy court trial as my stench-nuisance producing neighbor had been very persistent in complaining at the Environmental Health department about him, telling fabricated or exaggerated stories about his guitar play and the volume setting of his telly. This poor chap, he had a couple of very distressful years, indeed... In my humble opinion he had been finally evicted and only by court decision as the assessing EH officers were giving my mentally-ill neighbor more credit and not him, he had no chance of a decent defense. He lives now in council acommodation, but of course has lost his well-earned status of protection.
And my Wiccan-practicing neighbour: she had a little accident, possibly as a consequence due to all the bad vents she had sent into her immediate surroundings. One day the ceiling came down onto her! The new tenant, who had moved in into my old place, simply had not taken precautions about the holes between several of the floor-boards and which were just covered up by a thick smelly carpet (I had marked them out with tape in a preventative measure and my son and me simply learnt to avoid these areas). I'm told that this lady fled the building quickly afterwards, but the new tenant was still bound to stay by his short-term tenancy agreement.
I can confirm that three years later the whole building is still in the same decaying and neglected state, with three new vulnerable parties for occupancy. The only difference: they all pay now a higher rent and all the calamities are still there. Nothing has changed, although the local Council, Housing Agency, Environmental Health and even Police and the local fire brigade are aware about the state of the building. For decades it's been the 'haunted house' in the street... How do landlords get away with this? In my view it's simple: because we don't apply EU building regulations on older houses, the whole country would be in shambles! Every tenant on Housing Benefit should have an inspection and the landlord given according to urgency a deadline for repairs. If this deadline is broken, a hefty fine been made to benefit the tenant so that he can bring repairs into good order. Use the rent to make up for the repairs...
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I moved to a new are as I had secured a Seior job post; I moved into a Log Cabin that was built on the landlords grounds, the property was not attached and we did nt share any facilities. I was given a License agreement which I was assured by the landlord was the correct agreement to have and I believed this to be right.
Rent and deposit payments were given in cash to the landlord and no recepits were given. The deposit was not put into a protection scheme.
After a week in the property I tripped and injured my foot resulting in myself being in cast and on crutches for a total of 3 months altogether. As I hadnt yet started work I had to claim beenfits.
Hosung benefits and ESA took a long time to process and despite telling my landlord this and having to request for the Licence Agreement for benefits purposes she did not show an issue with this until the rent date when I did not have the rent money.
My landlord became physically and verablly abusive and continued to harrass me within my home; she would enter the property as and when she wanted.
About 6 weeks after I had moved in I felt compeltely unsafe to live there and after the police involved it was deemed my best interest to leave as soon as possible, so I left that day becoming homeless and having my posessions go into storage. I did not secure permanent accomdation until 3 months after the ordeal.
Whilst packing up to leave one of my friends who was a buikder wandered around the property and took several pictures which he later informed me was all against building regulations. The list wnet as follows:
-The windows were jot securely fitted
-The gas running to the property was via an exposed gas canister that was at the rear of the property
-Plug Sockets werent fitted correctly
-The lighting fixtures werent fitted properly
AND THE BEST ONE:
-The door frame from the front room/ kitchen to the hallway was not fitted properly and had an extra plank of wood which would be a trip hazard.
Basically the whole proerty was built poorly and the area that I injured myself on was infact, a trip hazard.
I have made statments and given photos to Tenancy Relations Officers and a solicitor who are now dealing with different aspects of the case.
I still have not received my deposit back which the landlord claims I have left too long to request for it back and has further made claims that this whole situation was my fault! I am awaiting my solicitors response to this and the general outcome of this long winded nightmare.
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The main area I would like clarification upon is the building and poor state that it is in. what can I do? this is an area that I am not receiveng any advice upon.
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Unfortunately to myself I found this website just on the last day of that tenancy.
I can not help you, but I can give you advise - try to read as much as possible topics on this website. They have and very useful links inside the topics. Myself I've got my deposit back, just because I started to ask a lot of questions that landlord, and I knew from the beginning that his answer would be wrong. About deposit as I remember it is fully landlords responsibility to put it on separate account under deposit protection scheme, and to give you proof of this within 14 days from contract beginning. I also ask some question on justanswer.com. But usually they give just overall info.
So I think apart from listening to your solicitor it would be good to read through this site yourself and to get more info. Plus as I remember they have here links to other site about health and safety. I wish you good luck.
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The plumber came out the same day and alleged to have fixed it,however the following day the toilet now is leaking and also water is constantly running into the toilet and is non stop flushing by itself so the water has to be turned off to avoid the toilet overflowing.
The plumber returned to say it had developed another problem and would be back the following day with another part for it well that was 5 days ago and he has not returned.
Also the day after we moved in the boiler stopped working- i called the letting agents but they were closed as it was friday at 5.45pm they had no emergency number on their answer phone or website and or on the tenancy agreement so we were left without heating and hot water the whole weekend.
On the Monday the plumber came and got it working but said as the boiler is 16 years old its had it and needs replaced and will go again but hopefully not before we get a new boiler-well low and behold it goes on the blink for good 2 days later.
Another engineer came out who issued the gas safety cerfiticate stating on it the bolier needs replaced.
Now that was all over a week ago the boiler is still not working we have no heating and no hot water.
The agent is saying our landlord lives abroad and has to send the money to him before we can get a new boiler and we will just have to put up with it until such a time
We also have a disgusting sewage smell throughout the whole property which we are being fobbed off with as being heating related however this smell is coming from pipes located in an airing cupboard next to the bathroom and i know for a fact it is those pipes and drainage related.
We are freezing my son and i are both asthmatic and i have just been to the doctor today and have bronchitis, yes probably related to this freezing cold house.
Please please help us the agent is dismissing a rent reduction as i have said we will have to move in with my elderly father 40 miles away and i am going to have to commute those 40 miles daily to get my son to school here as we cant bare this cold and sewage smell any longer aswell as a toilet that is constantly flushing by itself.
Surely as this property is not habitable the landlord is responsible to cover the costs of a b&b or rent reduction until these problems are repaired.
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sounds to me that you have, what I'd call, a rogue landlord who's living abroad and allows an agency to
work on his behalf. You are still bound to the 6-months preliminary agreement, so you cannot fiddle around with the rent. You must give the Estate Agent a chance to complete repairs in a kinda period they suggest to you.
All the described conditions for toilet, boiler, hot water and sewage smell sounds to me like 'long-term' neglect by the agency and that is most likely because the absent landlord is not paying what-ever pricely suggestion for repairs the agency is making to him. You as a tenant, you have seen the state of the property on the day of viewing. Now, in the first few weeks I would make a very detailed list of what needs repairing and hand this list over to your agency, so that you will not be made responsible before you vacate.
In my view and if I'd be in your situation (for which I can only extremely sympathise), I would try to find my own solution while the repairs are still due:
1. go to the Citizen Advice Bureau and seek advice
2. get your name on the local Housing Association list (in case you are not on it, yet).
3. Meanwhile, while your toilet is somewhat temperamental with involuntary flushes and overflow (+ putting this in context with sewage smell from a different corner, I'd be highly suspicious that there is a blockage somewhere deeper in the drainage system +/- burst/leaking pipe...that would explain the running-away plumber! He should know how serious the situation is, and if his clients are not well paying then there's no business for him...although I'm pretty sure you as a victim, you are caught up in this). Well, also here I would find my own solution while 'repairs are pending', like: do you have a public toilet nearby? Use that and switch the water supply to your toilet off.
4. While the label is on your ancient boiler, switch the gas supply off. I have no idea where in the UK you are living. I understand that we are at the begin of Autumn, so help yourself keeping yourself warm - by dressing up, doing day-time exercises, use more blankets, get yourself some water bottles asf...even
build your own window insulators with cardboard + tinfoil to keep the heat in at night. Use kettle water only as the only form of hot water. Check the watt number on your kettle if you now run it more often (3000 W cost you much much more electricity than a 900 W!!!), so switching a kettle can safe you lots of money in the long run! Get some lambwool jumpers + sheep skins from ebay. These are just some ideas what you can do while gaining indepency from a heating you cannot use.
5. Regards the smell, if it goes on your nerves (the nose can be a very fine-tuned organ in particular if one is very anxious about a situation!), use some vaseline for the inside of your nostrils. You can get a pot for around 1 Pound, and that's cheap for putting your mind a little bit at rest and not getting wound up about it.
6. It's too early to blame asthma and bronchitis on your new home, so I wouldn't buy into this. But if you and your child are pre-destined to get more
likely now colds and chest infection (hope not!) then do everything possible to boost your immune system: daily orange juice, healthy diet, exercise, reduce smoling + drinking...that kinda thing. 'cause you want to come healthy out of the end of this whole thing, don't you?
and finally, that's my most important point: you are bound by your tenancy agreement, so you MUST pay for the whole rent you have agreed upon for six whole months when you have signed the tenancy agreement (yes, I agree, the UK law seems nicer to allow rogue landlord than to rogue tenants; as these exist too, don't we know it?). So what I'm saying, apart from your very detailed list keep yourself otherwise very quiet for the rest of the period. Because you want the Estate Agent to give you an excellent reference. They might be even supportive in helping you finding better accomodation in your area, if the lack of repairs are due to the landlord they happen to represent. That would be my kind of strategy: being a great example of a tenant and move out as quick as I can if the situation should prove to become long-term as negligent as it already is. Best of luck, let us now how you got on six months, will you???
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* can I apologise for the odd strange word that may appear in my post. I am using predictive text, and done words appear wring. Thank you for reading*
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my daughters boyfriend and his mother live in rented accomodation, the landlord is not nice
The have had not heating or hotwater for over a week he flatley refuses to repair the heating after someone came to repair it.
The both have bad coughs at the moment and are not looking well
what is the act the y can refere to and whats the first step
many thaks in advance, i am so incensed in the 21st century that dicensean attidues seem to be prevailing
many thanks
brian
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It;s a legal requirement and a statutory requirement for their landlord to provide hot water and if heating is supplied it should be working.
Contact your local authorities private housing office or the environmental health department. I would be inclined to get the boiler repaired and then claim back from the landlord or withhold the rent until the repair is paid for - (British Gas have a fixed price repair I think. If the LL threatens you - say you will happily see him in court to discuss his failure to obey his legal duties. Be reasonable at all times including in any written communication (which i would definately do) so that if it does go to court YOU are seen as the side with the morals.
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Thank you for you reply, I will pass on your comments
Much obliged sir
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Seems you need to contact the council soon as possible by phone preferably and tell them the problem and they will send someone out to have look and then after they make an assessment they will give the landlord so long to do it and if he dosen't in a reasonable amount of time depending on the urgency of the maintenance they will send they're own worker/s out to sort it and he will be billed. I had to do this myself as my landlord left the roof in a bad state and rain kept coming through in bucket loads and it too was reaching the power supply very dangerous indeed. In the end he sent a proper company out after a final warning from the council. TC
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That's me thinking, having now lived in the UK for over 12 years in all sorts of places. I'm now for the last 5 years with an Estate Agent. I pay more out of my own pocket next to housing benefit, but then the Agent is very good, even helped me with a brand-new apartment when my son changed to Secondary School.
Don't waiste your time/quality of life on rogue private landlords!!! Having said that, I'm sure there are some nice landlords out there too. The proof is in the pudding, and you won't find them talking here. 'cause they are so happy, that they have nothing to say.
That's it from me finishing on a note I recently heard in a movie as 'my grandma always used to say: Failure is not falling down....failure is staying down!!!!'
Good luck to you all!!!
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We have been tenants for the last 8 years now all of a sudden SHE has decieded she wants us out , she has found a prefered asian tenant where do we stand as far as the law goes for rights ect anyone know before i escelate this to all out war ..
Thanks.
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Is your tenancy agreement an 'assured shorthold tenancy'?
When does it end?
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However, if you do have a valid agreement, they cannot get you out until the tenancy ends.
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Cheers ..
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If its well bad, try phoning a compensation claims fU lawyer now.
If the keys were moldy then it is your rights to give them back. If he dont believe in Santa then he wont believe in mold.
Try calling furniture DFrS superstore to replace the furniture you left. They give u interest free credit, 50% off and free delivery b4 xmas.
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you guys really take my sympathies. The thing is, do you really realise what your landlord is meant to do for you and what is in your own responsibility to run the place 'energy-efficient'???
I'd advice you to do your own form of DIY, and this doesn't cost you much. Just a little time and energy and a little bit of investment - are you up for it?
1. If your dehumidifier is too costly (maybe it's an old model???) first make yourself familiar about 'watt' - how much does an electrical appliance cost to run on your electricity per hour. The lower the watt number the less the electricity consumption...maybe you want to talk to your electricity provider who will be able to give you advice on more energy-efficient models.
2. Regards windows leaking...you can by a tube of window or bathroom sealant for under 1.50 Pds in any DIY shop or Poundstretcher. As your landlord can't be bothered to invest in doulbe-glazing (I know he has promised you, but does he really has to stick by law to his verbal promise? Double-glazing is only for sound-proofing).
and 3. This is a highly unusual suggestions, but well worth it: window glass is an excellent heat conductor and you are right to assume that you are loosing heat through the windows. Double-glazing would not prevent that. I've 'invented' my own kind of window cover: two card-board out in the shape of your window, sandwich in between a layer of bubble wrap and one layer of tin foil (it's the tin foil that is an excellent infra red reflector)...that makes you a brilliant heat reflector shield. Cover it with some nice cloth and it looks like a curtain. Every evening, instead of pulling drafty curtains, put your DIY reflector shields in front of your windows and that will help you to keep your electricity bill low.
4. Maybe you guys run an old fridge/freezer...that pushes up your electricity bill, too. Or convection heaters, if you've got those chuck them out immediately. Rather invest into waterbottles, woolen blankets asf...become inventive!!!
Got it?
Best of luck to you!!! Turn your home into a cosy home and make it well through this winter. At least you have a home!!!
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if there's mould a tenant's responsiblity is to wipe it off which is part of standard maintenance. A completely different scenario if mould has eaten through the wall due to cracks, that is the landlord's duty to fix.
You are right: mould does affect people's health so you need to learn all about how to prevent it. E.g. don't hang up your wet washing indoors with poor heating...Mould can cause chest infections, asthma, and in the long run even lung cancer.
And: your landlord is right to charge you if you've left furnitures or other unwanted personal items behind (usually it's a charge for removal). If you move out make sure you hand back the place in the exact same state as you were given. He's entitled to charge you for any repair he had to undertake if you've damaged the property. He should show you receipts for all work done and substract it from your deposit. Only if repair work exceeds your deposit, then he's entitled the lot.
I'd advice you to seek advice from a citizen advice bureau if you are not sure.
(my estate agent has given me a deposit id from the DPS = Deposit Protection Service. http://www.depositprotection.com/ )
Good luck in your new place!!!
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I don't know Austrialian law, so I'll give you an English perspective answer and leave you to decide if it will work down-under.
If I were in your shoes and I were absolutely certain that my lifestyle (polite word for food storage and general cleanliness!) was doing nothing at all to attract the rats in then I'd call in the Pest Control people. Not to kill the rats. But to do a report of how they are getting in and that nothing you're doing is attracting them in.
Armed with this, I'd go the the agent and offer the landlord one last, time-bound, opportunity to sort out the problem. If he does not then quit the house, irrespective of how long is left on the agreement. In England there's an implied term the law assumes about every tenancy agreement that the property is fit for ocupation and if it was not advertised as "Rat Infested" then you can make the contract voidable via Frustration.
Lets assume nothing happens: If your landlord is a nasty piece of work and not just a bone idle idiot then he might try to take "revenge" for you quitting his kingly palace early by whitholding the deposit. So just take care to do all the rat communication in writing and get lots of photos when you leave. If Australia has an equivelent of our despsit holding dispute services, then they will treat you fine.
Let us know how things go, please.
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Anybody with any ideas as a good course of action. Wrote to my MP he was USELESS Surprise Surprise,Council same although the risk assessor did describe stairs as a death trap After The accident.
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My suggested course of action is:
- Sue for your pain, suffering and current and future loss of income (as you're doing);
- Look for somewhere new to live.
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I currently live in a property that has got mould on every external wall. The mould is very bad and spread over vast areas, my health has been compromised by it and the land lord has done nothing about it just said open the windows and have the dehumidifier on, but neither have worked. It has ruined a lot of my stuff like DVD cabinets, wardrobe and chest of drawers. I'm moving out in just under a week as I can't take it anymore, but I think she is going to not give me my deposit back. Can I charge her for the loss of items that the mould has damaged as I have got photo evidence of the damage the mould has done?? Also do I have a case to maybe take her to a small claims court? Hope you can help. Thanks debs.
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You do not mention the building has any deficiencies which could encourage damp. A lot of sources of the conditions which allow mould to appear are related to lifestyle, so if the building has no obvious defects then you could waste a lot of time / money for an inconclusive answer, if you want to the Small Claims process of the High Court.
Sorry, this is not what you wanted to hear, I expect.
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I initially started this website because I wanted to document my every step from property idiot to property landlord,
in hope that people would find my site and help me along the way. I literally didn't have a clue about being a landlord
when I started this website.