Housing Disrepair Success Stories – Damp, Mould, Leaks and a Broken Boiler
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 housing disrepair, which included serious damp and mould growth around the property. The property did not have adequate heating and for some periods had no hot water due to issues with the boiler. Over a two year period there was intermittent water penetration from the roof, which resulted in damp and mould growth in the property.
It is an implied term of the tenancy agreement, pursuant to Section 11 of the Landlord and Tenant Act 1985 that the 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 heating. A landlord also owes a tenant a duty of care by virtue of Section 4 of the Defective Premises Act 1972 that the occupiers are safe from personal injury or damage to their property.
The disrepair in the property was so severe that it would also be considered to be harmful to health and consequently a Statutory Nuisance as defined by Part 3 of the Environmental Protection Act 1990 [79(1)(a)]. Furthermore, under The Homes (Fitness for Human Habitation) Act 2018, landlords have a duty that tenanted property and the common parts associated will be fit for human habitation.
Hodge Jones & Allen prepared a detailed Letter of Claim which was sent to the landlord. Additionally, 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 provided a response to the updated Letter of Claim and agreed to carry out the works that were recommended in the surveyor report.
Our Housing Team then entered into negotiations with the landlord. The claim was settled and the parties agreed upon terms of the settlements which included that Ms H was granted an Assured tenancy of her temporary accommodation and that the landlord pay Ms H’s legal costs.
Our Housing Team is ranked tier 1 by Legal 500 and Chambers UK legal directories. The team are seen as an industry leader in social housing law. Dedicated to providing exceptional service for all of its clients in disrepair, possession and homelessness. The Housing Team are recognised for their advancement of the law in high profile cases in the Court of Appeal and Supreme Court.