Advice Column - West Devon Citizens Advice
“I have a problem with rising damp in my flat, but I’m worried that if I complain my landlord will evict me. What should I do?”
Until recently, landlords could evict tenants without a reason. However, a new law passed last year means it’s now illegal to evict tenants for reporting a problem with the property. Start by checking your contract for when your tenancy began. If it was on or after 1 October 2015, you are protected from eviction provided you report the problem using the right procedure.
First, write your landlord an email or letter explaining the problem. If they don’t respond within 14 days or respond with an eviction notice, contact the council who will inspect the property.
If the Council confirms with the landlord that there is a health and safety problem, any ‘no fault’ eviction notice is invalid and you won’t need to leave the property. The council will also advise the landlord on next steps, which could include being legally required to fix the problem.
If your tenancy began before October 2015 it’s not illegal for your landlord to evict you but it’s still unusual to do so. Again, you should start by raising the problem in writing. If your landlord doesn’t offer to repair the damp, or serves you with an eviction notice, contact your local Citizens Advice straight away who will advise you on your next step.
If you’re having issues with your landlord or are worried about your rights as a tenant, you should always check your tenancy agreement. If you do not have an agreement, or would like to speak to someone about your rights and responsibilities you can always drop in for free advice at our Okehampton and Tavistock offices.
Copyright Torridge, North, Mid and West Devon Citizens Advice. For the most up-to-date advice, please visit www.citizensadvice.org.uk pop into your local office or call Adviceline on 03444 111 444
Okehampton Citizens Advice (Ockment Centre) Tues & Weds 10-4pm and Fri 10-1pm
Tavistock Citizens Advice (Kingdon House) Mon, Weds, Fri 10am-2pm