Cleaning up
Question
There's mould growing in various places around our house that's been caused by drafts and poor windows and the landlord has decided to get a cleaner in to sort it out. The thing is, he's threatening to charge us for the work because he says it's our fault for drying clothes on the radiators. Can he do this? What should we do?
Answer
Your landlord has responsibility for most major repairs, but you'll have responsibility for some smaller ones. Who's responsible for what can depend on the terms of your tenancy agreement. But, either way, you have to give your landlord access to the property to assess and carry out repairs, as long as you get reasonable notice.
Who is responsible for sorting out dampness depends on the type of dampness. If it is caused by a structural defect, e.g. a lack of damp-proof course, poor ventilation, a hole in the roof or damage to the structure of the walls, your landlord may be responsible. But dampness can also be caused by condensation produced while drying clothes indoors or the heating system not being used effectively. It can be difficult to work out who has responsibility for dampness caused by condensation, so it might be advisable to contact a local advice service for more help and information.
If you think you might have some responsibility for the dampness, you could try to negotiate with your landlord about who cleans the mould. You might be in the position to clean it yourself, helping reduce costs for your household. You could also find out how to minimise the damp in your home so the situation doesn't arise again.
If, because of the drafts and poor windows, you believe your home is in a state of disrepair, you may want to consider getting your landlord to carry out the repair work. Before you do, it is important to be aware that some landlords may prefer to try to evict tenants rather than do repairs. Whether your landlord can evict you easily or not depends on the type of tenancy you have. Most private tenants have an assured shorthold tenancy and if this is the case for you, you can be evicted fairly easily if your landlord follows the correct procedure.
If your landlord can evict you easily, you might want to consider whether you want to stay in the property and the seriousness of the problem before you take any action.
But if you choose to take action, you should report the problem to your landlord in writing and 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;
- Follow the correct procedures and do the repairs yourself and take the cost out of your rent;
- Take your landlord to court.
Finally, you mention your landlord is threatening to charge you for getting the mould cleaned. If your landlord is causing you problems as a result of this they may be guilty of harassment, which is a criminal offence. Harassment includes things that stop you living peaceably in your home and there may be action you can take to prevent harassment.
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Question answered by Shelter
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