Housing Disrepair Success Stories – Damp, Mould and Asbestos
The Housing Team at Hodge Jones & Allen have been defending the rights of tenants since 1977 and we understand how your life can be turned upside down when a landlord refuses to carry out repairs to your home.
With this blog series, each week we plan to share the details of another successful settlement to show tenants that help to is available to get results and gain compensation.
This week’ Housing Disrepair case is as follows:
We were instructed to deal with a case involving serious housing disrepair, which included damp and mould growth around the property. The disrepair had been ongoing for just under 10 years and there were several floods in the property, which further added to the disrepair. The property also had exposed asbestos.
It is an implied term of the tenancy agreement, pursuant to Section 11 of the Landlord & Tenant Act 1985 that her landlord would keep in repair the structure and exterior or the dwelling house and the installations therein for the supply of gas, water, electricity, sanitation and space heating. Her landlord also owes her a duty of care, by virtue of the Section 4 of the Defective Premises Act 1972, that the occupiers of the property are reasonably safe from personal injury or from damage to their property.
Additionally, due to the severe condition of the property it was considered to be prejudicial to health and consequently a Statutory Nuisance as defined by Part 3 of the Environmental Protection Act 1990 [79(1)(a)]. Landlords also have a duty to ensure that their tenanted properties and common parts associated will be fit for human habitation under The Homes (Fitness for Human Habitation) Act 2018.
Hodge Jones & Allen prepared a detailed Letter of Claim, which was sent to the landlord. At the same time instructions were prepared and sent to an independent surveyor to attend the property and 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. The landlord responded to the updated Letter of Claim. Our Housing Team entered into negotiations with the landlord however the extent of the disrepair in the property was not agreeable. As a result, Our Housing Team instructed the same independent surveyor to attend the property again to provide an update on the conditions of the property.
Upon receipt of the updated surveyor’s report, we continued negotiations with the landlord and the claim was settled. The parties agreed upon terms of settlement including the landlord completing the outstanding works at the property within a period of 70 days, payment of damages within 21 days, the client to be decanted for duration of the works and the landlord to pay the client’s legal costs.