Common Housing Problems
Damp
Damp can be a problem in student houses. It can cause mould on the walls and furniture and makes timber window frames rot. It also encourages mites and can increase your risk of respiratory illness.
Damp can be caused by;
- Excessive condensation
- Leaking pipes
- Holes in the roof or walls
- Blocked gutters
- Rising damp non-existent or defective damp courses.
- Water used in construction of new houses (e.g. plaster)
You can take steps to reduce damp by;
- Using extractor fans or opening windows in kitchens and bathrooms.
- Not drying too many clothes on radiators as it causes a build up of condensation.
Both tenants and landlords have responsibilities to keep the property in a good state of repair. These responsibilities are usually laid out in the tenancy agreement. Therefore it is not always the landlord's responsibility to deal with damp. This will depend on the agreement, the severity of the problem and the cause. Sometimes damp can be your responsibility if it can be shown that you have contributed to it.
Whatever the cause, given the potential health problems of persistent damp, action must be taken. If there is a dispute over whose responsibility it is for dealing with damp you can contact the environmental health department of the council who will investigate the problem.
Repairs
If you realize that something needs repaired, you should inform the landlord (or whoever collects the rent) - preferably in writing. You should tell them where you are living and give a description of the problem. If possible, it's a good idea to deliver the notice personally. After giving notice, the tenant must wait the required time for the landlord to begin making repairs. Those allowable waiting times are:
- 24 hours for no hot or cold water, heat, or electricity, or for a condition that is imminently hazardous to life
- 72 hours for repair of refrigerator, oven, or a major plumbing fixture supplied by the landlord
- 10 days for all other repairs
If repairs are not started within the allowable time, and you are paid up in rent and utilities, you may exercise the following options:
- Move out. After waiting the required time, the law allows tenants to give written notice to the landlord and move out immediately. Tenants are entitled to a pro-rata refund of their rent, as well as the deposits they would normally receive.
- Litigation or arbitration. A tenant can hire a lawyer and go to court to force the landlord to make repairs, or, if the landlord agrees, the dispute can be decided by an arbitration service. Arbitration is usually less costly and quicker than going to court.
- Hire someone to make the repairs. In many cases, the tenant can have the work done and then deduct the cost from the rent. Before the work is done, the tenant must submit an estimate to the landlord. To speed up the repair process, the estimate can be given to the landlord along with the original notice of the problem. The total cost of the repairs that may be deducted from the rent cannot exceed the amount of one month's rent.
You may not withhold your rent payments until the landlord makes repairs. You can be evicted for doing this.