Q&A Landlord won’t fix the mould problem, says it’s my fault. What can I do?

Q:      You regularly hear about ‘rogue’ private landlords who don’t maintain their rental property, but I rent from a social landlord and the state of the place is a disgrace. The roof leaks and there is mould in several rooms, especially in the bathroom. I keep reporting it and they just say it’s my fault for keeping all the windows shut. What with the high energy costs and the freezing conditions, it has been hard enough to stay warm this winter without having windows open, especially as my little boy is disabled.

My brother says I should withhold my rent until the landlord’s sorted it, but I’m worried I’ll get evicted and there is so little rental property available round here. What should I do?

A:       Under s11 of the Landlord and Tenant Act 1985, rising damp or penetrative damp caused by structural leakage is the landlord’s responsibility to put right. Further, landlords have a legal obligation to provide a habitable living environment for their tenants, which includes addressing issues like mould, and particularly if it imposes a health risk to vulnerable tenants. If you believe the issue is serious you can request that your local council carries out an environmental health inspection, as they can order the landlord to deal with the issue.

Whatever state the property is in though, you should not refuse to pay the rent. If you withhold payment you will be in breach of your tenancy agreement and the landlord could begin repossession. You should take photographs of all the mould as evidence and document all communication you and your landlord have exchanged, as you may be able to sue the landlord if you can prove you gave them notice of the mould and they failed to repair it in a reasonable time. You should make an appointment to see a solicitor for more specific advice and help with claiming compensation.

This question has been answered by James Denton, a Solicitor with GHP Legal.  If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194