Thread: What our rights as tenants when the flat is uninhabitable due to damp and growing fungus?

Currently we are not able to live in our flat due to damp and growing fungus. We are not getting any help or advice from our estate agents or contact from the landlord.

What are our rights pertaining this situation?

If the cause of the damp is a structural defect, then it is your landlords responsibility under section 11 of the 1985 Landlord and Tenant Act to resolve that defect and compensate you for any damage caused by the defect.

For the first section, get the environmental health officer at your local council to help.
With regard to compensation, you should negotiate first, then sue if you can't come to some agreement. Obviously, if you sue, your tenancy agreement is unlikely to be renewed.

If there is no defect, the moisture is probably condensation, not damp, and the resultant mould is your problem. If the mould damaged the landlords property, then you will be liable to put it right.

You have the right to hire a professional to test the fungi. If the test results show harmful mold then you have the write to ask in Writing, send Certified mail for the owner to correct the problem. If not addressed by owner then you have the right to sue in court and ask the Judge to void your lease