damp and mould growth due to poor insulation
We were instructed to deal with a case involving disrepair which consisted of having poorly fitting windows and doors. The poor fitting caused there to be damp and mould growth within the property due to a lack of suitable ventilation and poor insulation of the property. The poorly fitting windows also caused a security issue as people were able to gain access into Ms Y’s property.
It is an implied term of the tenancy agreement, pursuant to Section 11 of the Landlord and Tenant Act 1985 that Ms Y’s landlord would keep in repair the structure and exterior of the house and the installations therein for the supply of gas, water, electricity, sanitation and space and heating.
We prepared a detailed Letter of Claim which was sent to the landlord. It was agreed that a single joint expert surveyor would attend the property to provide a report on the conditions of the property. Upon receipt of the surveyor’s report, an updated Letter of Claim was sent to the landlord. After receiving this the landlord made an offer in respect of the works and damages which had been found.
Negotiations were subsequently entered into and the claim was settled shortly afterwards. The parties agreed upon terms of settlement including that the outstanding works identified by the surveyor will be completed within 90 days, payment of damages within 21 days and the landlord to pay Ms Y’s legal costs.