Sentience Posted March 25, 2007 Share Posted March 25, 2007 ] work with people of different nationalities. A corridor conversation last week raised a question of just how much a landlord of a flat in Douglas can expect someone paying rent to be resposible for. I'm talking specifically about a damp wall behind a wardrobe. This particular landlord has had this tennant sign a declaration that he (the tennant) is responsible for damp in the flat walls I'm sure this can't be right, especially as the damp was there when he and his family first moved in and even if it wasn't, surely the landlord is responsible for this sort of defect in HIS building. More to the point perhaps, now that he signed this bit of paper (innocently) it surely can't be legally binding...can it? Link to comment Share on other sites More sharing options...
ans Posted March 25, 2007 Share Posted March 25, 2007 Unless you're going to offer some sort of evidence, I'd strongly recommend not mentioning names or identifying details. Link to comment Share on other sites More sharing options...
hboy Posted March 25, 2007 Share Posted March 25, 2007 ] work with people of different nationalities. A corridor conversation last week raised a question of just how much a landlord of a flat in Douglas can expect someone paying rent to be resposible for.I'm talking specifically about a damp wall behind a wardrobe. This particular landlord has had this tennant sign a declaration that he (the tennant) is responsible for damp in the flat walls I'm sure this can't be right, especially as the damp was there when he and his family first moved in and even if it wasn't, surely the landlord is responsible for this sort of defect in HIS building. More to the point perhaps, now that he signed this bit of paper (innocently) it surely can't be legally binding...can it? If it ever went to Court I'd like to see how they could enforce such a shitty clause. By putting such a clause in your sort of admiting the house was damp in the first place, if it wasn't already damp why refer to damp at all? Also how do you "make" damp as a tenant. I couldn't see that its enforceable in any way. Link to comment Share on other sites More sharing options...
Stavros Posted March 25, 2007 Share Posted March 25, 2007 This is only my thoughts on the situation and not necessarily something that you could rely upon as fact. I believe that if the landlord could prove that the tenant was "responsible" and I mean "cause" of the dampness on the interior walls. (This could be a situation like using a tumble dryer without ensuring that there was sufficient ventilation which has in turn created condensation on the walls, thus creating dampness) then the tenant could be held liable for the cost of repair. The tenant does have a duty of care and negligent acts are not reasonable excuses. However, if the cause of the dampness is something outside the control of the tenant such as a defective roof or a drainage system that causes moisture to penetrate the property walls. This would be something that the landlord could be responsible for. I understand that owned apartments sometimes have a management committee that would arrange for the maintenance of the property structure for which the cost would be shared among the residence owners. As a landlord, presumably owner of the property, they would be responsible for the maintenance of the overall structure which would probably or ought to be reflected in the rental payments or by a seperate maintenance contract. Without having seen the "Declaration" that the landlord asked the tenant to sign, I would not be able to comment on the validity of it but perhaps you should suggest to your friend that they seek legal advice and provide a copy of the declaration / lease to an advocate. Stav. Link to comment Share on other sites More sharing options...
Gladys Posted March 25, 2007 Share Posted March 25, 2007 Depends on the lease terms and whether it is a full repairing lease. There is a difference between renting (a licence to occupy) and a lease which creates an interest in the property. Bit of legal advice wouldn't go amiss here. Link to comment Share on other sites More sharing options...
Sentience Posted March 25, 2007 Author Share Posted March 25, 2007 Unless you're going to offer some sort of evidence, I'd strongly recommend not mentioning names or identifying details. Eh??? Helpful response. Link to comment Share on other sites More sharing options...
sarahc Posted March 25, 2007 Share Posted March 25, 2007 Unless you're going to offer some sort of evidence, I'd strongly recommend not mentioning names or identifying details. Eh??? Helpful response. Very helpful. It's called making sure you and manxforums don't get sued for libel. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.