kellzxox 07/01/17
Last reply 1 year ago
Hi everyone

Hi all want some advice my place is private rented and I’ve been struggling to get help with my place in the sense that its loads of damp and wetness it’s in a bad state and landlord hasn’t done a thing to it. The council won’t help because it’s private and the environmental health saying they can’t physically make the landlord do anything it is very bad and causes me to get chest infections do you think I’m at risk when I start my lemtrada treatment? . I can’t afford to move estate agents price are just to high to pay now. I’m very worried about catching infections.

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naomih
1 year ago

Can you not use this to get pushed up the social housing list? I fortunately have a really good landlord (he hasn’t evicted me to get a sizably bigger rent!). However I do understand the feeling of vulnerability caused be private letting.


noelie
1 year ago

@kellzxox Not the ideal solution but could you get a dehumidifier to make the place more pleasant for the time being?


reddivine
1 year ago

the only thing you can do is get on the local housing list. Go see the local authority and see what advice they give you. It may be moving to another private rent is the only option.
Depends where you live as well, on demand and availability of housing.


mermaidia11
1 year ago

Hi lovely, you sound like you could do with a bit of help. Are used to be a lawyer, but don’t quote me. However as a layperson, what would be a good plan considering all of the above?

Firstly, don’t wait until you are not feeling well to suffer the consequences of your landlords negligence – and then have to sort out when you are not feeling hundred percent.

Which, I think we can take it as a given that you may not feel as well for the time that you are having your medicine. I’m sure you can’t be feeling very well if you are needing to have this treatment. You’re a brave girl and I hope that this goes well. I hope I can help you chick.

You are right to be concerned – at this time It is essential that you make sure your surroundings are warm and comfortable.
Regardless of whether or not you are sick, your landlord a legal and moral obligation to ensure that the property you rent off him is safe
He excepts rent payments, in return for the provision of a safe ccomfortable commendation, fit for purpose.

Before I discuss any legal remedies – I feel I should also say, from bitter experience that Its no use expecting that other people will always bail you out of situations. This disease teaches us that we all have to be independent and in control of our destiny – we all need to have a plan in life, regardless of whether we are disabled.
(Have you ever noticed how people without a plan, drift through life and then die with only disappointment and regret? I know, I’m harsh and bitter at times!)
Anyway, the plan A (fairytale ending where life is nirvana)The plan B, (when death, disappointment and illness occur and reality sets in)
And the ‘ shite hits the fast-moving electrical air moving yoke’ plan. Your parents/dear relative dies suddenly for example/ You get an incurable chronic degenerative illness ….

This is when discernment is not necessary but essential, is my advice .
To have an effective shite hits the fan plan – you need to have good, loyal and trustworthy people around you. It’s taken a long time for me to adjust to my new reality – but the reality is cog fog is a very real symptom- some days you can’t find the words, or even write the words because you can’t see,
Some days, it feels as if all you can see and think is Clouds…..and all you can think and feel are the basic urges – toilet, drink, and if you’re lucky – food.
In this circumstance, it is harder to make judicious and informed decisions when it comes to personal relationships/financial decisions/job dilemmas.
so my advice is do it now when you can. You never know when you will be robbed of your marbles it feels – there may even be times when you really need this ability ( like when bailiffs turn up for example, or your house is a freezing damp fungus factory)
This is when you have to do the dreaded – trust someone else to make an informed decision for you. And this is exactly the point that the frustration Sets in – the lack of control – the lack of understanding– If it happens, it twists your melon man – (it’s bad enough to cope with when you are not sick, and is an inevitable part of this merry-go-round called life) so we need to take control and do these things for ourselves and don’t wait for this shit hit the fan plan to have to be activated. Do your work now, Not only will distract you from feeling so rubbish, it’s powerful Self helping at its best – and it will also pay dividends if you do have a downturn in your health.

. I am actually feeling quite sharp at the moment, after months of Cog fog. I have, unfortunately not taken by own advice and are now in financial difficulty – which is causing me stress. So I write this while there is a short opportunity to do so – and also so others can avoid the mistakes I have made.
Luckily, I did used to be a lawyer and worked in the personal injury sector. I have also always had an aptitude for law and enjoy it. It therefore is are useful endeavour for me to put into practice some of my rusty skills to enable someone to help them selves to solve their unfair and discriminatory treatment.
(and just to be harsh and cynical again kids – Make no mistake, there are plenty of people who don’t think twice of judging you as being vulnerable, and then trying to take advantage. I’m sorry, I am not being negative- I am trying to be realistic – and talk about the realities of this illness and the world we live in. )
anyway, I have not specifically studied tenancy law, or divorce law or employment law since university,but can do the research to find out and try and help.

This will also help me to keep my brain sharp! (there is only so many of episodes of elementary you can watch)

As far as I understand it, this is the law as it stands –

Statutory nuisance
Your landlord mustn’t cause a statutory nuisance. A statutory nuisance happens when your home is in such a state as to be harmful to your health or is a nuisance.
Disrepair that’s harmful to your health could include dampness and mould growth.
Local authorities generally take action against landlords where there’s a statutory nuisance.

The Defective Premises Act 1972
Your landlord owes you certain duties of care that are set out in this Act. They include a duty to prevent personal injury or damage to property caused by defects in your home. This duty is owed to you, members of your family, and also to visitors to your home.

The duty is owed where your landlord is under an obligation to repair or maintain your home, or has a right to enter the property to carry out maintenance or repairs.
The duty is owed if the landlord knows or ought to have known about the repair, even if you haven’t told your landlord.

Making adjustments if you’re disabled
If you’re disabled, your landlord may have a duty to make reasonable adjustments if you ask for them. However, your landlord doesn’t have to do anything that would involve the removal or alteration of physical features.

So your landlord has a duty of care to you legally and morally. If I was your friend, I would therefore advise you to do the following things, bearing in mind the information above…

1. Do you not verbally communicate with your landlord again. All of your communications with them should now be in writing.
2. I would write to your landlord, explaining that you have to now write to him to remind him of his legal and contractual obligation is and ask in writing that he carries out urgent repairs to your accommodation, as is legally and morally set out in your contract. He is for failing to fulfil his side of the contract and is therefore breaking said contact. You are therefore not paying any more rent until he rectifies the very urgent repairs that are needed. In addition you are also disabled – I would referring to the above legal text.
Your landlord then will not be able to say that he was not aware of the issue or the urgency of the situation. Personally, another penny of rent.
3. if I were you, I would consider putting off taking the lemtrada and seek advice from your GP and MS nurse.
4. I would me make an appointment with your GP as soon as possible and advise her of your living circumstances.
5. Also discuss this situation with your MS nurse.
6. The MS trust also have a really good advice line – so you could speak to them?
7. Phone your local authority and tell them your present position – including that your landlord is refusing to carry out the works and that you have written him a letter setting out the problem.…and that you have been advised that they should help you and speak to your landlord as soon as possible. (as I understand it from the landlord friend, the council forces them to carry out the repairs and charges them a fortune for it)
8. I think the council have as much responsibility to ensure that your health is not compromised, either
9. They may even be able to advise you about alternative living accommodation..
10. So draft a short letter – do not speak to your landlord(anything you say is written in dust – whereas if you frame it in writing there can be no ambiguity about being aware of any situation that needs to be addressed
11. (And you have clear evidence that he had been made aware)
12. I would not pay him a penny of rent until he resolves your damp situation.
13. . I would go as far as to ask him to provide you with alternative dry warm accommodation as soon as possible. If he cannot do this then again, consider alternatives or putting off your treatment. Your GP, MS nurse, Ms society – will help you to make an informed decision
14. The local authority will have a duty of care to ensure that your accommodation does not make you sick. The fact of the matter is that your living accommodation will make you sick and you don’t have the immunity to fight it off now, or while you are on lemtrada – (heck a healthy person wouldn’t be able to!)
15. I would also think about perhaps staying with a relative while you are having your treatment.
16. If you have enough money I would even suggest you go to a warm place like Tenerife to recuperate while your landlord does the repairs to your accommodation. In summary
17. I wish you the very best of luck and I hope that this lengthy reply helps you to formulate a plan to resolve this.


mermaidia11
1 year ago

Pa apologies for double cutting and pasting and making that post so lengthy – i’m rubbish with technology and type with one I shut so apologies


kellzxox
1 year ago

Hiya I don’t think you’re being harsh it’s best to say it how it is. I have been through Council estate agents so many times for the past couple of years now I can’t afford to move like I would want to. I’m very independent and don’t take people’s help very well even though certain things I have to get help with. As for trying to go court the cost is just to high for me to do so. The council are basically saying because I’m private rented they can’t physically make the landlord do anything. They have said it’s not healthy to live in. . So I have done so much and it is stressing me out I’m and not well enough to go through this shit but even now I am still fighting to get something done.


stumbler
1 year ago

@kellzxox , @mermaidia11 has been awfully kind in specifying the Landlord’s responsibilities to you, but it really needs an official legal letter to provoke some action.

You may want to contact DLS to see if they can help you:-

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kellzxox
1 year ago

Thank you everyone for your help xxx

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