prhp/AB24/15/08/comp

The Committee determined as follows:-The paintwork and furniture are of a reasonable standard and there is no breach of the repairing standard as regards s13(1)(e).The gas central heating meets the safety standard. The Landlord tells us the system has been bled and the radiators should now perform more effectively. We accept this work has been undertaken. We are satisfied there is no breach as regards s13(1) c.The dampness gave us considerable concerns. As stated above all rooms except the smallest bedroom registered dampness when objectively tested. Our surveyor member advised this dampness is as a result of condensation. While the cause of the condensation dampness in the property is not due to disrepair the statute sets the standard by reference to reasonableness of habitation thus works may be required to make the house habitable which would not normally be termed repair work.The problem of condensation dampness can be alleviated if the property is properly ventilated. Any tenant has a common law duty to ensure the tenancy is 'aired and fired' . It was suggested by the landlord (although denied by the tenant) that ventilation was not carried out appropriately. We noted the only way to ventilate this flat would be to open the windows ( which would be a 'tough call' during an Aberdeen winter ) and we strongly recommend the Landlord to facilitate ventilation perhaps by providing dehumidifiers for general use and a humidistat controlled expel air system in the bathroom. After very careful consideration we determined that although there is evidence of some dampness, it was not, when inspected by us today, so severe as to render the property unfit for human habitation. On balance we are satisfied there is no breach of s13(1)(a)

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