Community

A local expert from Citizen’s Advice provides timely tips on consumer issues.

This month: what’s to be done about damp in a rented property?

Q: “As the weather has turned colder, I’ve noticed mould and damp in our flat. It’s mainly in our bedroom, including some black mould on the carpet. I’ve been chasing our letting agents, who say they’ll speak to our landlord. I’m really worried about how this might affect our health. Our tenancy agreement isn’t up for eight months. Is there anything else I can do?”

A: “It’s good that you’ve already raised the issue with your letting agency. Unfortunately, it isn’t always easy to work out the cause of mould or damp, which can make it difficult to establish who is responsible, unless there’s an obvious cause, like a leaking roof. There is information on our website that may help you work out what type of damp you have, who is responsible for fixing the problem and what you can do. Check your tenancy agreement for mentions of repairs and damp, and contact Citizens Advice on anything you’re unsure about. A landlord will have to act in relation to damp if it makes the property unsafe for someone to live in or if it is making the tenant or a member of their family ill. The landlord will be responsible if the damp is related to property maintenance or to repairs they should have carried out, for example if gutters are broken or pipes are leaking. If the damp has damaged items for which the landlord is responsible for, such as carpets and window frames, they’ll likely have to cover the cost of repairs.

Making it worse

One of the most common causes of damp is condensation. To prevent this, it’s important to keep homes well-heated and well-ventilated, but for a lot of people this will be trickier to do given the colder weather and higher heating costs. You may be eligible for help to insulate and heat your home, and should visit our website to find out more. We also have advice on things that can make damp worse and may prevent the landlord taking responsibility for repairs. These include drying clothes on heaters or blocking air vents. If your landlord is responsible for the damp in your property but doesn’t act, there are steps you can take, such as reporting them to the local authority. If you’re in social housing, you might also be able to use the landlord’s formal complaints procedure. There is more information about this on our website. If it reaches the point where you want to get out of a fixed-term tenancy agreement early, do speak to an adviser first, as there might be better ways to approach the issue. Contact your local Citizens Advice or you can call our Adviceline on 0800 144 8848 for personalised support.”

The BV magazine, January ‘23

COMMUNITY Employ My Ability offers vocational training for students with learning disabilities and special educational needs and disabilities. One of their students, Maddie Walters, spent her last term working on her journalism skills with the aim of writing a column for us. - Ed

Taking part in the Fary Tale Forest

Hello everyone and Happy New Year! For this month’s article I’m going to share an event that happened at Thorngrove Garden Centre and how the magical Fairy Tale Forest came to be. Every Thursday in December both education students and day service users at Thorngrove Garden Centre worked behind the scenes with Angel Exit Theatre, a Dorset-based theatre company that creates interactive events, to make a fairy tale forest come to life. The staff and students enjoyed the music and drama, they loved pretending to be the animals and they also loved learning the songs that were included in the production. The poly-tunnel was decorated with trees and snow and there was a huge gingerbread house where Mary Godmother lived. It gave the children who have visited a magical experience with festive activities that they enjoyed. The team and I were interviewed by BBC Radio Solent and talked about how Angel Exit Theatre came about and what was my favourite bit about this event (my favourite bit was the workshops we did before the production!). During the event I spoke to people as they exited, asking questions like “Did they enjoy the Fairy Tale Forest?” “Did they meet Mary Godmother”? and “What was your favourite bit?”. All the feedback was great! Everyone really enjoyed the Fairy Tale Forest, and I hope we can do it again next Christmas! If you are interested in learning more you can visit The Angel Exit website and see lots of photos for this event on the Angel Exit Theatre Facebook page.

The team prepped and ready for the show; Maddie is in the centre in the white jumper

Do something amazing for charity – jump out of a plane

Tick off skydiving from your bucket list and jump out of a plane for Dorset Mind! Working with the experts at Go Skydive in Salisbury there’s an opportunity to fundraise while taking on an amazing challenge. Perhaps nominate someone from the office and make it your official 2023 fundraising project? For the jump itself there are two heights to choose from – the first is 10,000ft which gives you a 30 seconds freefall. If you’re feeling really ambitious then go for the 15,000ft skydive and soak up the 60 seconds of freefall! To book a place a simple £50 deposit is required – and then your task is to raise the money to reach your fundraising target. To say thanks for your fundraising efforts, Dorset Mind will cover the cost of your jump!

Fundraising targets: • 10,000ft minimum sponsorship of £500 • 15,000ft minimum sponsorship of £750

To find out more and book your place, visit Dorset Mind’s GoSkyDive page here

Is it time to re examine your power of attorney arrangements?

Mental incapacity can affect any one of us at any time, no matter our age. It could occur through illness, accident, or old age. It could be temporary, or it might be permanent. Everyone should have the opportunity to elect whom they want to look after their affairs if this happens to them, by nominating a power of attorney. Essentially, there are three main types of power of attorney: • General power of attorney • Enduring power of attorney • Lasting power of attorney This election can now be made by preparing and registering a Lasting power of attorney. However, you may still hold an Enduring power of attorney. Adam Scott looks at whether now would be a sensible time to review your current enduring power of attorney and, potentially, change it.

General power of attorney

These can only be used whilst the person who has made the power, the donor, retains mental capacity. General powers of attorney become invalid as soon as the donor loses mental capacity. General powers of attorney are useful for short term specific transactions, such as property transactions, where the donor is overseas.

Enduring power of attorney

It has not been possible to create a new enduring power of attorney (EPA) since 30 September 2007. However, EPAs executed correctly before this date remain valid. Unlike an LPA, EPAs only provide the attorneys the authority to deal with property and financial matters, not health and welfare. EPAs can be used as soon as they are validly executed. They do not have to be registered with the Office of the Public Guardian (OPG) before they are used. However, if the attorneys believe that the donor is losing or has lost mental capacity then there is an obligation on the attorneys to register the EPA with the OPG.

Lasting power of attorney

Donors have been able to create a lasting power of attorney (LPA) since 1 October 2007. LPAs come in two parts; property and financial affairs, which provide the attorneys with the same powers as those under an EPA, and donors can also appoint health and welfare attorneys, which was not possible under an EPA. The health and welfare part of the LPA also enables the donor to elect whether they want their chosen attorneys to be able to make decisions regarding life sustaining treatment or not. LPAs enable the donor to provide wishes and guidance to their attorneys and they can also restrict the attorneys’ powers if they wish. Unlike an EPA, before an LPA can be used, it must be registered with the OPG first.

What advantages are there?

If you decide to switch from an EPA to an LPA, there are a number of benefits: • Replacement attorneys can be appointed • The range of decisions that the donor can delegate to attorneys are extended • When acting under an LPA attorneys must have regard to the principle that the person must be able to make decisions for themselves wherever possible and therefore consider whether or not the donor can make a particular decision before making it for them.

Applying for an LPA

Although you can make your LPA yourself, directly with the Office of the Public Guardian, by doing so you may be missing out on important advice that a professional can provide. Unfortunately, it is often the case that when LPAs go wrong, it is too late to change them, resulting in costly applications to the Court to rectify matters. It is much better to get it right at the outset.

If you have any queries regarding LPAs or would like more information, you can contact Adam Scott on adam.scott@trethowans.com or call 01202 338570.