rising damp

[nickij11]

hi people,
i dont know if im in the right place(im new on here and need some series help)
i live in a council house and its just recently been declared as having rising damp. this is really bad. it goes through the whole of my downstairs.(3ft high) and seeing brick work.
i've been asking the council to sort this out for at least 2 years now.
bearing in mind i have some series damage to my possessions, like my cooker etc.not only that i have 2 small children who are constantly ill.
i spoke to the council today and they have said (without taking pics or seeing it themselves) are telling me im not going to get any money back from the damage the rising damp has caused. is this right? can they do this? also i want to know if rising damp can cause extreme condensation in the bedroom above? the council knew there was rising damp 2 years ago as they re-plastered my kitchen and didnt bothter plastering behind the cooker - they sounded a bit worried when i meantioned that over the phone. they also said rising damp doesnt cause illnesses its condensation that does - is this right?
many thanks
any advice would be great as i really dont know where i stand.

 

[tim00]

From the information you supply i find it impossible to give you an opinion regarding damp vs condensation.
Plus i know nothing about compensation and local council's. Perhaps you should take photo's and all documents and visit the Citizens Advice Bureau.

 

[^woody^]

If the council has acknowledged that this is rising damp, and has existed for at least two years, (ie there are records of your complaint two years ago), then you may have a claim for compensation.

However, the crucial thing for a claim to succeed, is if the damp is the result of a defect or not.

Landlords (eg councils) have a duty to "keep in repair" but no duty to "improve". So if there was a damp-course which has failed, and this is the cause of the damp then the council has a duty to remedy the damp and compensate.

However, if there is no damp-course and damp has risen normally over time, then the council may have no duty.

If the council will admit the cause of the damp is due to a defect, or if you can prove so, then you could make a claim under landlord and tenant legislation - specifically section 11 of the Landlord and Tenant Act 1985

Use the councils complaints procedure, or consult a solicitor for formal action - you may get legal aid if you qualify, or do this under a no-win, no-fee claim