Housing Disrepair Success Stories – Damp & Mould Growth From Water Penetration
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, including extensive damp and mould throughout the property. The damp and mould growth was as a result of penetrating damp which was caused by various water leaks from the pipes. The damp and mould growth was made worse by Ms S’s landlord not providing effective heating. The disrepair occurred over a four-year period.
It is an implied term of the tenancy agreement, pursuant to Section 11 of the Landlord and Tenant Act 1985, that Ms S’s landlord would keep in repair the structure and exterior of the dwelling house. Ms S’s landlord also owes her a duty of care by virtue of Section 4 of the Defective Premises Act 1972 in that Ms S, as an occupier, is not reasonably safe from personal injury or from damage to their property. Furthermore, as the property suffered serious disrepair it was considered to be detrimental to health and consequently a Statutory Nuisance as defined by Part 3 of the Environmental Protection Act 1990 [79(1)(a)].
Hodge Jones & Allen prepared a detailed Letter of Claim which was sent to the landlord. In addition, 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, however they failed to provide a substantive response. Our Housing Team issued proceedings against Ms S’s landlord for an order of specific performance, damages, interest and costs.
The claim was defended, however before the case went to trial, negotiations were entered into and the claim was settled for the sum of £15,000.
The parties agreed upon terms of settlement including for the landlord to complete the outstanding work and replace the heating system, payment of damages of £15,000, for the settlement sum to be offset against Ms S’s rent arrears, and the balance paid within 28 days.
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.