Who is responsible for moisture in the living room floor of a social housing property?

Questioner

Last Thursday afternoon I removed my old vinyl, because a new vinyl floor would be laid the next day. It concerns the floor of the living room and kitchen of my single-family home (on the ground floor). To my horror I smelled a huge musty stench and saw clouds of fine dust or something similar coming from under the old vinyl. My friend and I both felt short of breath in our lungs. The underlay of the old vinyl was damp and discoloured. The concrete floor was also damp and discoloured in many parts. I called the housing association right away. The supervisor came the next day, on Friday morning, to look and measure. According to the supervisor, the floor was not too damp (value 60) and he only saw two small spots on the concrete where there was some mold. The advice was not to lay down any more vinyl because according to him that was the cause. In addition, I had to treat the two mold spots with anti-mold spray. The supervisor was supposed to call us back the same day to tell us what was under the concrete floor. This did not happen. Later that same morning the carpet men came. They measured and according to them the moisture content was too high in several places (2.5-3.4% average value). He gave an urgent advice to call in either the housing association or a specialized company to combat the mold and moisture. The new floor was not laid. I have asked around and it seems that the concrete was poured directly on the sand. We do not have a crawl space. The house is from 1948. Do you know what is best for me to do? Who is liable, who should combat the mold and moisture problem?

Lawyer

I understand that this is a worrying situation for you. Moisture and mold problems in a home can cause serious health problems and it is important that these are addressed as soon as possible. In principle, it is the landlord's duty to remedy defects in the home. This is stipulated in article 7:206 of the Civil Code. However, the landlord is only obliged to take action after a clear request from the tenant to do so. This is based on article 7:207 of the Civil Code. Have you already officially informed the housing association about this and requested repairs? It is also important to note that the landlord can be held liable for damages suffered by the tenant as a result of defects in the property. This is based on article 7:208 of the Civil Code. Your failed floor replacement could potentially fall under this damage. If the landlord does not take action despite your clear requests, there are still a number of steps you can take. For example, you can go to the Rent Assessment Committee to start a procedure. You can also suspend the rent 'under condition' until the defect has been remedied. This means that you temporarily do not pay the rent until the problem has been resolved. It is advisable to seek legal advice on this before taking these steps. This is of course only initial general advice based on the information you have provided. It may be helpful to discuss this issue with a lawyer or attorney to provide you with specific legal advice based on the details of your situation. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer

Questioner

Dear law student, Thank you very much for your clear explanation. In the meantime, I had also received advice from our community center to first file an official complaint. I did this with the help of a sample letter from the legal desk. In response I got a vague email that they might want to come and have a look with the contractor. I made it clear that I have no use for a maybe. Fortunately, the supervisor came to take a look with the contractor last Tuesday and this time the conclusion was not: 'just buy an anti-fungal spray from Action.' No, this time the conclusion is: the drainage system is leaking and has proven to be too old. It needs to be replaced in its entirety. In the living room kitchen and toilet the floor needs to be broken open and the bathroom needs to be replaced completely because it is also leaking, both in the floor and in the wall where the water pipe is. Now it is a matter of waiting for a date and how long the work will take. And then it is again a matter of finding out who is responsible for the costs of the new floor covering and also the damage caused by the work. For example, the walls have to be repainted. Do you perhaps know whether this is for residential construction or whether this is for my own home contents insurance? Thanks again for your answer and good luck with your studies! Kind regards, Sanne van Diesen