Poor BER rating, damp mouldy house!!

rosser44

Hi all,

Looking for some advice on our current rental situation. Moved into our current 3 bed semi d last summer. The house was fine for awhile but when the winter came we realised that there were a few things left to be desired.

Finally got round to requestng a BER cert to be provided and letting agency had one done. It came back with a G rating which is as poor as it gets!! To paint a picture for you 2 of the bedrooms in the house are extremely damp and the 2 girls I live with have had clothes go mouldy in their wardrobes. there is also mold growing around one of the bedroom windows. We are becoming increasingly concerned wth this due to the health implications etc.

We have storage heaters which have to be left on all day to keep the house from being a complete icebox and even then it is still uncomfortabely cold at times. We were supplied with a dehumidifier to try to deal with the damp but this is not practical nor is it dealing with the problem. we also have to hang our clothes to dry in the house as the washer/dryer combo is useless, and this does not help the situation.

The main recommendation of the BER cert is a new heating system, which would require us to move out while it is being installed. New attic insulation and exterior wall insulation has also being recommended. This would not be a 2 day job so where do we stand regarding being put up while the work is being done and is the landlord even legally required to act on the reports findings???

Thanks in advance

shoegirl

BER is only an indication for decision making purposes. G is pretty awful but I get where you are coming from.

If they were doing the place up and you wanted to stay living there its hard to say - I've never seen a law that obliges the landlord to rehouse the tenant if works are being carried out. In practice a good landlord would temporarily put you up in another property. However no good landlord would let such a slum.

I'd suggest you start looking around and if its a lease break put it down to the BER being so awful.

Cathmandooo

AFAIK a BER rating doesn't have to be acted upon at the moment. If the house had the BER Cert done before you had moved in last summer (which the landlord was legally required to have) then you probably wouldn't have moved into a house with a 'G' rating. Not many people would, leading the landlord to repair and insulate the building in order to get any tenant. That seems to be the main purpose of it at the moment.

Have you spoken to your landlord about all the damp? Was it your landlord who suggested the dehumidifier?

I'd take photographs of all evidence, close up of damp on walls, any clothes that have been damaged etc. and then I'd contact Threshold and ask for proper advice. You may have grounds to terminate the lease given your landlord was meant to have the building rated from 1st January 2009 so perhaps without it the lease is invalid. I havent heard of any cases like that happening but there always has to be a first.

First thing to do is talk to your landlord anyway, perhaps an agreement can be reached without resorting to hearings.

Bob_Latchford

Cathooo wrote: »

You may have grounds to terminate the lease given your landlord was meant to have the building rated from 1st January 2009 so perhaps without it the lease is invalid. I havent heard of any cases like that happening but there always has to be a first.

according to this site, lease is invalid

http://www.greenme.ie/greenblog/2009/09/83-of-landlords-are-ignoring-ber-legislation/

anyone know the actual legislation?

Bob_Latchford

just searxhing around. Looks like no BER is solely responsability of landlord which may maake lease invalid and possible fines of upto 5k

http://www.limerickindependent.com/property/property/ber-certificate:-landlord-and-property-vendor-obligations/

A BER must be furnished to a potential purchaser/tenant at the time that a property is offered for sale or rent and therefore before the Contract for Sale or Agreement for Lease/ Lease is executed or exchanged.

It is important to note that, unlike various other requirements in a property transaction, there is no provision available which would enable a prospective purchaser/tenant to waive the obligation to be provided with a BER, nor is there a provision enabling a purchaser/tenant to obtain a BER. The obligation rests solely on the vendor/landlord to obtain a BER.

What are the consequences and penalties for failing to comply with the BER legislation? Failure to secure a BER at the correct time may delay the completion of a sale or lease of a property. There is also a risk that a purchaser/tenant could back out of a Contract for Sale or Agreement for Lease/Lease. Failure to comply with BER legislation may result in fines of up to €5,000 on conviction in the District Court

filthymcnasty

rosser44 wrote: »

we also have to hang our clothes to dry in the house as the washer/dryer combo is useless, and this does not help the situation.

does this this really contribute to damp in the long run? even if the house is well ventilated? i do it all the time.

lau1247

just out of curiousity, do you keep the windows closed almost all the time?

The last place I live in was not the best, small patch started to grow at one stage. Since then I open the window every night and the patch never got any bigger..

The only downside is that you start to get insects getting in..

SueWho

These quotes are from "Housing Standards for Rented Houses Regulations 2008" on PRTB. See link below to find the full article. You may find you have some grounds here- you could at least quote some of this to your landlord and it might get them to renovate or release you from the contract.

Structural Condition

5. (1) A house to which these Regulations apply (hereinafter referred to as
“the house”) shall be maintained in a proper state of structural repair.
(2) For the purposes of sub-article (1), “a proper state of structural repair”
means essentially sound, with roof, floors, ceiling, walls and stairs in good repair
and not subject to serious dampness or liable to collapse because they are rotted
or otherwise defective.

Heating Facilities

7. (1) Every room used, or intended for use, by the tenant of the house as
a habitable room shall contain:

(a) a permanently fixed appliance or appliances capable of providing
effective heating,
(b) suitable and adequate facilities for the safe and effective removal of

fumes and other products of combustion to the external air.


http://www.environ.ie/en/Legislation/DevelopmentandHousing/Housing/FileDownLoad,19142,en.pdf

Graces7

Wondering why the dehumidifier is "not practical"? We use one and it helps greatly and did in worse conditions then we are in now.

And here also it works very well indeed for us.

Just a thought... it all sounds dreadful indeed.

We refused to use the storage heaters here as we cannot afford the cost. So we have an open fire and a superser. No central hearing and no clothes drier. So we dry by the fire in wet weather as do so many.