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can we sue landlord after moving out due to mould?

Started by jakey444, November 16, 2022, 04:24:29 PM

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jakey444

Hi,

We moved out of our rented house around 2 weeks ago at our break clause, due to the uselessness of the landlord and  the state of the house.

The bathroom was full of black mould, we had mice, and a lot of damp. We also had to make repairs ourselves with no compensation from the landlord. We communicated all of this to our landlord with pictures and emails, and either he didn't reply or just said he wasn't going to fix anything. No one had any health issues but the house was still unsafe to live in. We also spoke to the council and someone came round to look at the property, but we never heard back.

We spoke to the new tenants the other day and found out that the landlord might be compensating them due to the mould/actually attempting to fix it. Is it feasible for us to take the landlord to small claims for not repairing the property? Again bare in mind we have no doctors evidence that the mould affected our health and the landlord owes us no money directly.

Thank you!

heavykarma

Here we go. I expect there will be a few  of these. I wonder if by any chance your idea about suing your landlord came about after reading of the death of a child who had genuine lung damage?

jakey444

Quote from: heavykarma on November 16, 2022, 04:50:23 PM
Here we go. I expect there will be a few  of these. I wonder if by any chance your idea about suing your landlord came about after reading of the death of a child who had genuine lung damage?

No, we've been talking about it for months. We only found out a few days ago that the new tenants are getting compensation, which is why I finally decided to ask the question.

Hippogriff

Quote from: jakey444 on November 16, 2022, 04:24:29 PMWe also spoke to the council and someone came round to look at the property, but we never heard back.

This, above, sets your direction of travel.

jpkeates

You can ask for/ demand compensation for any loss arising directly from any breach of contract or from a failure of a duty of care.
If the property wasn't safe or habitable, there was a breach of a duty of care.

The issue is probably assessing the loss.

There are solicitors who specialise in such claims.

David

#5
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heavykarma

The words "full of black mould" to describe the bathroom would make me suspect lifestyle is the cause. You don't wake up one morning to find walls covered in mould.It will start as a small patch,which can be quickly removed with bleach and an old toothbrush.There are also sprays that are very effective in preventing mould.One would then surely start to make the effort to ventillate every day. I have only had one tenant complain of mice,or mouse to be exact.The flat adjoins a nature conservation area, and the little chap was attracted to the food left out on the surface all the time,and the overflowing kitchen bin .I caught him humanely and released him into the wild,and did likewise with the tenant.

monabri

#7
Another chancer of a tenant! Did you ventilate the property..did you heat the property....?

You say "No one had any health issues"...so what compensation are you trying to gain?


As you have suffered NO "loss" , you are entitled to zip!  By all means go to courst but the landlord will no doubt challenge you.

DPT

Evidence is going to be your main problem, especially if the landlord has now cleaned up ready for the next tenant.