There’s mould in our rented home. But I don’t want to lose my deposit

QThe last few months my partner and I have noticed mould growing on the walls and around the windows of our rented home. Many of our clothes and shoes have had to be thrown out due to mould growing on them.

The landlord did install a vent but even with us leaving the door and windows open whenever we are home, there has been no improvement. My lease is not up for another six months but I no longer feel I can live in this property. What can I do? Will I lose my deposit?

AUnder the Housing (Standards for Rented Houses) Regulations 2008 and the Housing (Standards for Rented Houses) (Amendment) Regulations 2009, there are minimum standards for rental properties as set by the Department of Environment, Community and Local Government.

These regulations specify that rented property must meet minimum standards including:

- The property must be in good structural repair - this includes being free from damp

- There must be adequate heating and ventilation

- There must be hot and cold water in the property

- All appliances must be in good working order

- Electrical wiring, gas and water pipes must be in good repair

- There must be provision for cooking preparation, storage of food and laundry facilities including a 4 ring hob, oven and grill, fridge and freezer or fridge freezer and microwave oven. (This is not applicable to Approved Housing Body Tenancies)

- Have a fire blanket and fire alarms

- Have access to refuse storage facilities

The enforcement of these regulations is carried out by your Local Authority, so if you live in Dublin City it is Dublin City Council.

The legislation states that you must first notify your landlord in writing outlining the issues and give them a reasonable timeframe to resolve them. If the problem persists you can then take a case against your landlord via the Residential Tenancies Board.

There is an obligation on you as tenant to notify the landlord of any defects and to allow the landlord or a person acting on their behalf to have reasonable access to carry out repairs.

Given the condition of your rented home and the damage the damp has caused to clothing and other personal items your landlord is in breach of their obligations and should have no reason to withhold your deposit.

I would suggest that you firstly notify your landlord in writing of the issues and inform them that you intent to vacate the property on that basis.

John O'Sullivan is a Chartered Residential Agency Surveyor and member of the Society of Chartered Surveyors Ireland, scsi.ie

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