Can a tribunal force my landlord to pay me back money for repairs in Wales?

The situation

I live in a small flat in Cardiff, Wales, and I have been having a nightmare with my landlord regarding some serious damp issues. Back in November last year, I noticed mould growing in the bedroom, and despite me sending several emails and even a formal letter in January, nothing was done. I eventually had to pay £450 out of my own pocket for a professional cleaning service and some specialist anti-mould treatment just to make the room habitable again. I have kept all the receipts and the correspondence. I am now preparing to take this matter to a residential property tribunal because the landlord refuses to acknowledge the damage or the cost I incurred. I know the tribunal looks at housing disputes, but I am a bit confused about how much power they actually have. Can the tribunal actually order my landlord to pay me that £450 back as compensation, or can they only rule on whether the property meets certain standards? I want to make sure that if I go through this process, I can actually get my money back for the labour and materials I had to fund myself.

Detailed Analysis

In your situation in Cardiff, the residential property tribunal is not limited to just checking if your flat meets certain housing standards. The law gives the tribunal broad powers to ensure a fair and efficient outcome for everyone involved.

Specifically, the tribunal has a "general power" to issue directions that it thinks are necessary to settle a dispute^[1]. This means they can make orders to help resolve the issues you have raised regarding the damp and mould.

Most importantly for your £450 claim, the law explicitly states that when the tribunal is exercising its general power, its directions can include "directions requiring the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise"^[1]. In plain language, a direction is an official order from the tribunal. This provision means the tribunal has the legal authority to order your landlord to pay you back for the specialist anti-mould treatment and cleaning costs you funded yourself, provided the tribunal finds it appropriate.

If the tribunal makes a decision that you or the landlord disagree with, the law allows for an appeal to the Upper Tribunal^[2]. The Upper Tribunal has the same powers as the original tribunal, meaning they could also order a payment if they agree with your claim^[2].

It is important to note that while the tribunal has the power to order payment, the actual outcome depends on whether the tribunal agrees that the landlord is legally responsible for the damp and that your £450 expenditure was a necessary and reasonable response to the issue.

Statutory Citations

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