Rental question

[dyanamo]

Hey

Need to ask for some advice.

We have been renting a place for over 3 years. Water from the shower is causing damp in walls in the kitchen cupboards and when you open the cupboards you can smell the damp/mildew/mold (possibly black mildew). You cant see the problem because the kitchen cupboard backs are covered with wood so blocking the view of the wall. We also have mice behind the kitchen cupboards, the owner claims they came from outside through the garage because there are no holes behind the cupboards but I cant believe him when we constantly get slugs coming through (even though we always salt them). Lastly the owner pitches up and casually unannounced and enters the back yard (when he knows nobody would be home - but the maid was there and didnt know who this man was) and alerted my wife.

Here comes the advice part: We really love the house and cant really afford to move but we cant live with the mice and mildew as I have a 4 month old baby and a 3 year old child but the owners seem to be ignoring this. What would be the best approach? We have written a letter covering the above (and the unannounced entry) and about to send it but fear they will just say if you dont like it then leave and unfortunetly we on a month to month contract as our 12 month contract expired in the first year of staying there.

So what to do? Anyone have any advice?

Note: Agent came to evalute the house and with the mildew the house is worth R950k. With it fixed its R1.1m showing you the extent of the damp problem.

 

[Ecco]

Interested to hear what recourse you have.

But normally if a landlord doesn't fix stuff people just leave or not pay rent till the problem is sorted out. You on month to month, so that doesn't help.

I would start looking for a new place - maybe your have to trade down (smaller/cheaper place) - which is not a bad thing, save/invest the cash.

 

[ToxicBunny]

The Mildew is knocking R150k off the price of the house?

Get out of that house and get out fast.

 

[dyanamo]

The Mildew is knocking R150k off the price of the house?

Get out of that house and get out fast.

Yup basically the wall needs to be knocked down and rebuilt (between shower and kitchen) and with that comes new kitchen and cupboards hence their reluctance. They mentioned they will paint it but that wont stop the problem. Also out of site out of mind.

 

[Sim88]

The Mildew is knocking R150k off the price of the house?

Get out of that house and get out fast.

The estate agents actually knocked R250k off the price..... (Dyanamo's wife)

 

[ToxicBunny]

Then get out of that house now, you're on the verge of living in a structure with structural issues that you will never be able to fix.

 

[Sim88]

Then get out of that house now, you're on the verge of living in a structure with structural issues that you will never be able to fix.

The problem is money, we are paying very little for what we actually have. We also have a live in nanny looking after the baby, so we need to find a place that can accommodate this. We are def going to move, enough is enough, but earliest we will be able to do this is at the end of the year or Jan 2015... My question is, after we send them the email and they give us notice to leave in the next month, do we have a leg stand on to fight it?

 

[ToxicBunny]

No you don't, if they follow process and give you sufficient notice there is nothing you can do.

 

[Chevauxza]

But normally if a landlord doesn't fix stuff people just leave or not pay rent till the problem is sorted out.

You can't do that - if you stop paying a landlord can put you in breach and have you listed for non-payment irrespective of any perceived grievance.

Depending on the lease agreement, your month-to-month phase could still hold the landlord (and you) responsible for their duties set out in the lease, albeit on a shorter '30 days at a time' period.

What you've described is certainly under landlords responsibility and also highlights possible health hazards for you as tenants - that is provided however the damage and mould is definitely caused by the shower damp problem. Also another thing to consider for you as a tenant is that it's also your responsibility to notify your landlord of such issues as soon as they arise, which it sounds like you've done.

If I was your landlord I would either offer to have the work done at your convenience or tell you that I need terminate the lease so I can sell or repair the house.

Overall it doesn't sound like your landlord has handled this matter well and doesn't appear to be professional in terms if just pitching up unannounced.

I would make sure your grievances are noted in writing to your landlord (as you have done), if you don't receive any reply, follow that up with further communication in writing stating your next intention. From that point you can either terminate your lease or escalate the matter to the Rental Housing Tribunal. For the latter to work (I think) you need to be in an active lease which is both binding to you and the landlord so they have something to go off.

My advice however would be to not go down this road. It can be a long and arduous journey and will certainly sour the relations with the landlord even further. You don't want every aspect relating to your living space to be a hassle, if he's not playing game, move.

Hope that helps.

My question is, after we send them the email and they give us notice to leave in the next month, do we have a leg stand on to fight it?

Since you aren't in a fixed term lease, you wouldn't be able to fight that. Your right to terminate with 30 days notice is equal to your landlords right to the same.

 

[Carol35]

The problem is money, we are paying very little for what we actually have. We also have a live in nanny looking after the baby, so we need to find a place that can accommodate this. We are def going to move, enough is enough, but earliest we will be able to do this is at the end of the year or Jan 2015... My question is, after we send them the email and they give us notice to leave in the next month, do we have a leg stand on to fight it?

The problem with this is that often landlords will accept very low rents in lieu of the fact they will do very little to maintain the house. Should he actually get around to fixing it, you can bet your arse your rent is going to increase so your best bet here would be to actually just move. The fact you don't have a contract means he can increase the rent at his leisure. Not a pleasant situation and hope you get sorted soon, especially for the kiddies.

 

[semaphore]

Structural issues aside its also a breeding ground for some nasty bacteria.