Renters: Know your rights

After suffering damp problems with a new rental property, Confused.com's Stephen Jones wanted to know his rights. Here's what he found out...

 A couple of months ago I moved into a new studio flat – perfect for me, I thought. It's affordable, sits on the ground floor in a nice quiet street, not too far from work and has me near my friends.

All of those attractions still stand. However, what I hadn't thought about when I moved in, and what I certainly hadn't been told about by the letting agent or landlord, was that the flat suffered from a lack of ventilation. A trivial issue at the first sound of things, but in fact it leads to one very nasty and not so trivial problem – mould.

Having gone home for a week, I returned to find black marks on the walls, and, worse, some of the clothes hanging in my wardrobe covered in mould. The problem is, I simply can't open my windows when I'm away.

So I asked for a solution from my landlord, and got a de-humidifier. Fine, but it doesn't solve the problem. I've continually asked for extra vents to be added to the flat – or at least for something to be done - and as yet have had nothing.  In the meantime, I've come down with a chest infection that I think has something to do with the problems I've experienced in the flat.

Needless to say, it's all left me more than a little fed up, and part of me just wants to rip up the contract, move out and be done with it. But am I entitled to? I went to the Citizens Advice Bureau (CAB) for some guidance, and unfortunately it doesn't seem that it's quite as easy as all that.

Where you stand

Any tenant has the right have the structure of their home kept in good repair by their landlord – that includes, things like heating and hot water systems – but many tenancy agreements will dictate that repairs to internal decorations and minor repairs should be dealt with by the tenant.

In a case like mine, the issue of whether the dampness is a result of the tenant's actions (drying clothes indoors, for example) or of a structural defect is potentially contentious, and you should ensure that you are confident of where the blame should lie before making any complaints.

Anyone that does decide to complain should always check their housing status and tenancy agreement first. If you have a shorthold tenancy agreement or don't have any tenancy agreement at all, for example, you may find that your landlord tries to evict you if you ask for repairs and have a tenancy which allows them to do so.

Steps to take when requesting repairs

Once you do decide that repair should be carried out by your landlord, you should take the following steps:

• Tell them that the repair is needed – write out a description of the problem and collect evidence such as photographs and reports from environmental health officers at your local authority. If the problem is affecting your health, you should also attain medical reports to prove this.
• Should the landlord still fail to carry out the work, consider contacting the Environmental Health department at your local authority, or you could also take them to court. If you rent from a social landlord (usually a private landlord or housing association), your local authority may be able to force them to take action. If you are a tenant of the local authority itself, then complain using the authority's official complaints procedure.
• However frustrated you get, you should continue to pay your rent while you try to get the repair work done. If it turns out that the flat has been uninhabitable then you may be able to get compensation through further action, but the landlord will be able to evict you if you fall into arrears with your rent.

If you need further help, try the CAB's advice website, adviceguide.org.uk or contact them for specific advice on your situation. I'll be following their guidance and will let you know how I get on.

Have you had a problem with a rental property? I want to hear your stories; comment below or email me: stephen.jones@confused.com.

Comments

[Andy Cowan]

Those of us, who rent property, often fall foul to,in my case a Letting Agent who, yopu should think would be fair minded but, are definately in it for their own gains. I complained to my letting agent that the agreement we had that the Internal walls would be cleaned (due to a yound child throwing drink up them or some very wild parties) nothing was done and when I left the property they stopped £46-00 from the money I should of received to, as they stated, clean the Internal Walls??
Andy Cowan

[George]

Years ago the letting agent I then used went "into administration" and as the years roll by the chance of recovering anything continues to receede while the administrators pile on their cost.

[Pumpkin Soup]

My tenancy agreement states 'no pets'. Not a problem - I have no pets. But I do volunteer in an animal rescue centre,so because my landlord has seen me with a dog, I am being forced to have all the carpets and soft furnishings professionally cleaned. When I complained to the letting agent on the unfairness of this situation, I was told they only work for the landlord as he was the one to employ them (despite MY money paying his mortgage and their fees). As the landlord lives in the same area, I feel Im being spied on - indeed the agents admitted they had several emails from him detailing my activities. But even threatening police involvement for harassment has left them unmoved and adamant only more of my money (for cleaning etc) will placate the situation. A friend of mine has kindly put me up until I move into my new property - the whole situaion has left me stressed, ill, and broke.