Can they cause damp in property? Advice needed.

[lyndy299]

Hey guys, would really appreciate any imput on this one..

I've recently moved out of the property I rented for one year in which I experienced mould and damp problems. After investigation (in which we were moved out of the property) the letting agent informed us that the problem was apparently caused by us due to lack of ventilation and not heating the property 'sufficiently'. We are students/out regularly so did not use the heating much, saved some money and didn't think this would be a problem. At the time I was told that my reptiles (4 corns, 2 leo's and a baby emperor scorp) could be the main cause of the mould, even though the animals have always been kept in my room and the worst of the problem's were in my flatmates room. I informed the letting agent at the time that I was certain that this was not the problem as none of the reptiles are kept at a particularly high humidity (apart from the little scorp), waters are kept on cold sides, and the vivs were spotcleaned regularly, plus my room was only really affected behind the headboard of my bed and in the cupboard. They seemed to accept this. At pre-move out inspection the letting agents commented on the smell of the property (the carpet had been badly affected and never replaced) and blamed this on the reptiles. The animals were moved out one month before the end of the lease. The smell remained as I left.

The letting agent are now not returning our deposit and charging £500 for the problem which I have now been told was due to the reptiles. My ex flatmate would like me to reimburse her for this (as the animals are mine). I have no idea how to fight my case to the letting agent as I really do not think they are right. Do I have a case?

Any help is greatly appreciated.

 

[dionythicus]

I would insist that they show proof that any damage was a direct result of keeping animals in the unit. They are making assumptions, betting that they can scare you into accepting blame. Is there a local tenant/landlord organization you can go to? Maybe an ombudsman that helps in tenant disputes? I believe you have a case to get your deposit back as well as not owing your flatmate anything since she chose to cave in to their demands and not stand up for your rights. She should know the fault was not from your reptiles, she's just wanting compensation for taking the easy way out.

 

[Lennycorn]

It seems odd that you have to leave the heat on to reduce the mold/Damp problem. You sholdn't have to do that. There is a problems there.

What room is this damage carpet in. If not you room with the snake then your off the hook of paying for it youself. Was the carpet an issue when you first move in or soon after. If so, the carpet should of been address long be for this.

 

[bkelm18]

I would think extra heat would promote mold growth, not lessen it, since the cooler the air is, the less moisture in the air, and you can have mold without moisture. I think they are just making stuff up in hopes that you cave in and let them keep your deposit.

 

[Shiari]

Heat promotes mold growth, not cold. That's why showers get moldy. It's a warm, wet environment. The building itself is at fault, plain and simple.

 

[lyndy299]

Thanks guys, they are claiming that because of the cold temperatures outside in the winter months, that through lack of ventilation, no use of heating and the 'humidity caused by the reptiles' we caused to mould to appear. The mould was quite extreme and was on my flatmates bedroom walls all the way to the ceiling, behind the sofa in the living room, around the windows etc. The kitchen and bathroom were not affected, however part of the breakdown of cost is a £350 extractor fan which was installed in the bathroom. On first inspection they told us that there were problems with the building, then that the wall cavities had been checked and it was an internal problem (ie us). My ex-flatmate is being OK about it, she found out first and phoned me as she does understand that the animals are not the cause. As my parents were guarantors I am hoping when my dad comes back from Sudan next week he is able to help, however I was hoping to have some sort of plan ready for when he got back. Do you think it would be helpful to provide documentation of the species which are kept and husbandry requirements along with some sort of proof that high humidity in the vivs would most likely cause respiratory infections?

 

[kathylove]

I don't know the legalities in the UK...

but here is what I would suggest in the US. Maybe some points would be valid in the UK as well.

Tell them that the lack of ventilation is probably a building / health code violation and you are going to look into having the building and code department, or the public health dept. check it out for you.

Find a vet who is willing to write a letter stating your case as to the fact that the animals are kept warm and dry, and that they were in a different area than that which had most of the mold. If you have photos of the house, showing the areas animals were, and also animal free areas that had mold problems, that would help.

Find a legal aid, tenants rights group, or reduced fee attorney who is willing to write a letter that the landlord granted you the right to keep the reptiles when you moved in (hopefully!), they did not tell you that you must keep the heat on, or supply your own ventilation, they did not tell you that the reptiles must be kept in some certain way so as not to exacerbate a problem that their faulty building had, so it is their problem, not yours. I am sure the attorney or tenant group can find other legal failings in the lease.

At least here in the US, many landlords will try various things to keep deposits. But if it looks like the tenant will fight it, they often give up quickly. Letters from attorneys and other professionals (such as building inspectors or vets) may help them decide it is not worth pursuing.

I would also post this on the UK member forum. Maybe some of those members are experienced landlords or tenants, and can point you in a more precise direction, according to resources available in your country.

Good luck!

 

[lyndy299]

Thanks so much Kathy, your advise is really helpful. After speaking to my dad he thinks that this will go legal, and is willing to pursue it. I'll let you guys know how everything goes.

 

[Asbit]

Yes Lynda, do keep us informed.

 

[lyndy299]

Thought I would update this for those that wondered what happened. After pursuing the company for several months, with them claiming to countersue if we attempted any legal action, they just stopped replying to my dads emails. He decided that the legal fees would probably cost too much, so we've had to call it quits. All in all we lost about £400 (around $600?).

I have also found out that this company passed on to my new landlord the 'problems caused by my animals/damp problems caused by me'. All in all, this was a ridiculous situation that ended up with me getting patronized when I moved into my new property, and losing a lot of money.

One thing I have learned from this: even though you have made a verbal agreement to keep animals on the property...always, always make sure you have written agreement....