Housing Disrepair Success Stories – Damp, Mould Growth and Rot
We were instructed to deal with a case that involved significant damp and mould, which had caused the door frames, flooring and skirting boards to rot. The landlord had advised the tenant that the shower she had installed was to blame for the damp.
It was an implied term in the tenancy agreement, under Section 11 of the Landlord & Tenant Act 198, that the landlord would keep in repair the structure and exterior of the dwelling house and the installations for the supply of gas, water, electricity, sanitation and space heating.
Hodge Jones & Allen prepared a detailed Letter of Claim which was sent to the landlord. We also instructed an independent surveyor to attend the property and provide a report on the conditions of the property. The expert surveyor identified various areas of damp within the property and the potential causes. The expert did not agree that the tenant’s shower was the cause of the damp.
Once the surveyor’s report was received an updated letter of claim was sent to the landlord, however, the landlord failed to respond to the letter within the required time frame.
Our housing team prepared to issue a claim for disrepair but before proceedings were issued the parties entered into negotiations to settle. The tenant accepted an offer of damages of, plus an agreement to decant her to temporary accommodation within a defined period and then to carry out the works within an agreed timescale.