Apartment Repair

slat12

Hi, I have an issue with my landlord. I have been a tenant for two years. About two to three months ago I noticed a damp patch rising on one of the bedrooms. Recently I went on holidays and when I returned there was mould on the wall.

I then contacted the landlord to rectify the issue. I moved out of the property for two weeks as the repairs were performed.

I have requested the landlord waive the months rent as I was living in a property which was not fit to live in.

The landlord has suggested that I should have notified him earlier of the issue and the repair would have been completed without there being any need to vacate. He has offered half rent as a sign of goodwill. He has said that he will go to the PRTB to resolve if I'm not agreeable.

Where do I stand? Any advise would be greatly appreciated.

Thanks

silja

So you noticed damp but didn't say anything to the landlord until it got so bad there was actual mould, maybe because of lack of ventilation while you were away?
I think he is being generous in what he offered you then.

odds_on

slat12 wrote: »

Hi, I have an issue with my landlord. I have been a tenant for two years. About two to three months ago I noticed a damp patch rising on one of the bedrooms. Recently I went on holidays and when I returned there was mould on the wall.

I then contacted the landlord to rectify the issue. I moved out of the property for two weeks as the repairs were performed.

I have requested the landlord waive the months rent as I was living in a property which was not fit to live in.

The landlord has suggested that I should have notified him earlier of the issue and the repair would have been completed without there being any need to vacate. He has offered half rent as a sign of goodwill. He has said that he will go to the PRTB to resolve if I'm not agreeable.

Where do I stand? Any advise would be greatly appreciated.

Thanks

Have you read your lease? Most leases include a clause which stems from the RTA 2004 Part 2 section 16 (d), tenant obligations, similar to

To notify the Landlord or the landlord’s Agent, of any disrepair, damage or breakdown of appliances whenever it may occur, within 48 hours, failure to do so may result in the Tenant being liable for any subsequent damage

If you did not advise the landlord (preferably in writing, following a phone call or text message) then the landlord cannot be held responsible for not fixing the problem.

You may also be held liable for the costs of further damage to the property because you did not notify him of the problem immediately.

RTA 2004 Part 2 section 16
(d) notify the landlord or his or her authorised agent of any defect that arises in the dwelling that requires to be repaired so as to enable the landlord comply with his or her obligations, in relation to the dwelling or the tenancy, under any enactment,

the_syco

slat12 wrote: »

I then contacted the landlord to rectify the issue. I moved out of the property for two weeks as the repairs were performed.

slat12 wrote: »

He has offered half rent as a sign of goodwill.

So, you notified him of the problem, and he fixed it? Good lad. TBH, you should have told him about the problem before the holiday, so he could have fixed it then, but you didn't. I think you should accept the offer.

StillWaters

Bear in mind that whilst PRTB can find against LLs and award costs to the tenant, they can do the opposite too. It is quite possible that PRTB would award costs against you in this case as you were (probably) in breach of your lease, and caused unnecessary expsne to the LL.

Grab his hand an' all when you accept his offer.