Can a landlord stipulate that damp will not be his responsibility to sort as per sample addendum bel

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I have a property that has suffered persistently from damp over the years even though I have spend many thousands of pounds trying to rectify this problem.

The cause of the damp is caused by various complex issues both to do with the way some of the walls are built and the way the water from the road runs as well as underground water issues.

It is now not worth my while putting any more money into this house for the next few years as the cost of sorting the issue will never be recouped by the rent before the problem reoccurs again.

I have a family who is interested in renting the house despite this problem.
The damp mainly manifests itself by showing through so does not look nice. Using a dehumidifier or even once the heating is on, it usually keeps it in mainly in check for most periods.

I am concerned that once they rent the house, should they complain to the council or should a health visitor decide that the damp is not suitable living conditions that I could then be forced to again spend allot of money ‘solving’ the problem.

I would therefore like to create an addendum due to this issue stating 5 points – as below.

Addendum

1. This is to confirm that the landlord and the tenants are both aware that there are longstanding damp issues and that the tenant is satisfied to move into the house as it is.
2. The tenants have a clear understanding that the landlord will not be undertaking any works on this house regarding this issue, and are satisfied with this.
3. The landlord allows the tenant to move out at any time [even within the initial 6 month period] due to the damp - as long they give one months written notice.
4. The landlord does not believe that the damp problem is serious enough to cause any health issues [this is not a professional opinion]. Should there ever be any cause for complaint, this is to confirm that the tenant has agreed that the landlord will never be responsible for any health issues nor damage to any property or belongings in the event that this should occur.
5. As there will likely be slightly higher utility bills due to extra heating required or the likes, the landlord allows the tenants to deduct £25 every calendar month from the rent paid to help towards these costs. This is a goodwill stipulation that has two conditions;
a. The rent must be upto date otherwise this gesture is no longer applicable.
b. Notwithstanding the reason as above, this remains a goodwill gesture and the landlord has the right to withdraw this gesture at any time by informing the tenant.

Are there any issues with any of these 5 points?
I look forward to hearing your opinion.

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07/12/2012 00:00

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