Tenants rights with damp

[odecar]

Have a friend of my wife who rented out a flat for herself and 4 year old.

Flat has 1 wall with mold and damp which was well covered when she saw it but now its become very visible and landlord not interested in solving it.

What are her rights ? I've suggested talking to the council but not really sure what rights are.

Dislike landlords who ignore problems like this as gives us all a bad name.

[daveyknowles]

You need to establsih the cause. Is it condensation, a problem with water ingress or failure of the damp course.

The landlord is only responsible for sorting it out if it is caused by a defect in the property, and not a flaw or lack of insualtion etc..

If it is condensation, check if the room is adequately ventilated, there is reasonable heating, the room is not overcrowded with personal belongings. If the answer to these is yes, the only option would be to insulate (ceiling above & cold wall) although even this may not completely solve the problem.

In respect of insulation, cavity walls can be insulated (cheaply and can get grant), solid walls can be drylined with a insulative film behind.

The mold can be washed of with a mild bleach solution.

Finally your friend could contact enviromental health, and explain she is concerned about health risks for her child, they may then push the landlord to remedy it, but they are relatively toothless to make him.

Thanks

Dave

[tony]

Just to add to what has allready been said really.

The mould is probably black spot mould growth. This usually only appears as a result of condensation, as the spores require clean moisture and a set temperature range to grow.

Moisture that has come through a wall from a leak will not be clean, hence the brown stains when there is a leak.

Moisture from condensation is clean as it condensed from the atmosphere onto a cold surface.

The only real cure for condensation is ventilation, starting with adequate mechanical extraction in wet rooms, i.e. kitchen and bathroom. As an occupier it is best to extract the warm moisture laden air to the exterior befor it can cool down and release the condensation. In a former life working for a Housing Association it was our responsibility to ensure there was adequate ventilation by installing extract fans or systems, and sometime advise on lifestyle where appropriate.

As stated previously, you need to determine if it is penetrating damp, (usually brown stains) or condensation (usually black spot mould growth) and advise the landlord, in writing if necessary. Takeing it further may be the only answer, but you must be very sure of the cause.

[collette]

Just to add to what has allready been said really.

The mould is probably black spot mould growth. This usually only appears as a result of condensation, as the spores require clean moisture and a set temperature range to grow.

Moisture that has come through a wall from a leak will not be clean, hence the brown stains when there is a leak.

Moisture from condensation is clean as it condensed from the atmosphere onto a cold surface.

The only real cure for condensation is ventilation, starting with adequate mechanical extraction in wet rooms, i.e. kitchen and bathroom. As an occupier it is best to extract the warm moisture laden air to the exterior befor it can cool down and release the condensation. In a former life working for a Housing Association it was our responsibility to ensure there was adequate ventilation by installing extract fans or systems, and sometime advise on lifestyle where appropriate.

As stated previously, you need to determine if it is penetrating damp, (usually brown stains) or condensation (usually black spot mould growth) and advise the landlord, in writing if necessary. Takeing it further may be the only answer, but you must be very sure of the cause.

Have a friend of my wife who rented out a flat for herself and 4 year old.

Flat has 1 wall with mold and damp which was well covered when she saw it but now its become very visible and landlord not interested in solving it.

What are her rights ? I've suggested talking to the council but not really sure what rights are.

Dislike landlords who ignore problems like this as gives us all a bad name.

I have successfully used dehumidifiers for condensation problem. Maybe worth a try.

[GPEL]

Strictly speaking, if it's a ventilation problem the landlord isn't obligated to improve the facility providing building regs at the time of development were complied with. The tenant is responsible for ensuring the room is heated adequately and wiping down walls etc. However, having said this, I think it would be in the owners best interests to minimize the impact of untreated mould by improving airflow.

[red40]

Finally your friend could contact enviromental health, and explain she is concerned about health risks for her child, they may then push the landlord to remedy it, but they are relatively toothless to make him.

Thanks

Dave

Sorry Dave but that is totally incorrect the local authority under part 1 of the Housing Act 2004 now have more powers to enforce a remedy with or without the landlords permission. Based on the information the OP gave it is well worth contacting the LA and asking them to carry out an inspection under the Housing Health and Safety Rating System (HHSRS), there are now a choice of notices and enforcement action that can be issued and hefty penalties for those who choose to ingore.

As the OP wifes friend has a child of 4, she is classed as in the vunerable age group when HHSRS is impliemented.

It has nothing to do with Building Regulations either, but is based on the scoring system of likelihoods and outcomes under HHSRS and, therefore achieving the 'ideal' for the property.

[GPEL]

HHSRS is open to interpretation of council officials and doesn't usurp tenants obligations to ensure rooms are kept adequately heated and ventilated. If condensation forms on walls, provided the landlord has met his obligations, the tenant should take preventative measures and wipe it down and avoid it becoming more serious. The HHSRS isn't an excuse for tenants to cry foul every time something doesn't go their way.

[odecar]

Thanks everyone for all the replies.

Orig post was a long time ago as kid is celebrating his 6th birthday in a months time, his mum moved out into a better place and went on council housing list and was allocated a 3 bedroom flat in January 07 and is expecting a baby in April with her new fella. Baby wasn't planned but sometimes these things happen.

In the case of the damp accommodation Landlord was not interested in doing anything so she waited until end of contract and moved.

A friend who works for estate agent told me landlord's refusal to do anything meant when tenant left noone would rerent and he had to do a complete redecoration as he refused to take agents advice and take care of damp before he could rent and because he was so slow he lost 8 months rent.