Dampness in Rented House or Flat

Knowledgebase

Lawcentres.org > Lawcentres > Knowledgebase

Dampness in Rented House or Flat

Solution Who is responsible for sorting out dampness depends on the type of dampness. If it is caused by a structural defect (such as a lack of damp-proof course, poor ventilation or a hole in the roof) your landlord may be responsible. You may need to show that the dampness is affecting your health in order to force your landlord to do any work. If the dampness is caused by damage to the structure of the walls, your landlord will be responsible for repairs.

If the dampness is the landlord's responsibility, you can take action to get your landlord to do repairs. There are a number of steps you could take in order to do this:

Report the problem to your landlord in writing;
Collect evidence, such as photos, keeping items that have been damaged.
If your landlord refuses to accept responsibility you could:

Contact your local environmental health department;
Do the repairs yourself and take the cost out of your rent, but there is a procedure you have to follow in order to do this;
Take your landlord to court.
The council's environmental health department investigates and takes action about problems in their area that affect (or are likely to affect) people's health. If you think the condition of your accommodation is affecting your health, contact the environmental health department and ask them to carry out an inspection. This is a free service and complaints can be kept confidential if you wish.

If the environmental health department carries out an inspection and agrees that the problem could damage people's health, they can give your landlord an 'abatement notice'. This is a legal document telling your landlord what needs to be done to repair the problem. It gives a time limit by which any works must be completed. Your landlord can appeal against an abatement notice, but if it isn't followed then the environmental health department can take your landlord to court and can order the works to be done and fine your landlord.

This may seem very complicated at the moment, but remember that all rented properties must meet certain standards in order to be 'fit for human habitation'. If your home is not, then the local council has a duty to take action against your landlord.

Before taking any action you need to consider how easily you can be evicted and how serious the problem is for you. If you are assured shorthold tenants, you can be evicted fairly easily as long as the landlord follows the correct procedures. There's often a risk of eviction for taking action against your landlord.

Was this article helpful? yes / no

Article details

Article ID:	198
Category:	Property
Date added:	25-11-2009 10:08:55
Views:	76
Rating (Votes):	(2)

<< Go back