Housing Disrepair Success Stories – Damp & Mould Growth With Asbestos
We were instructed to deal with housing disrepair case where there had been a leak in the property that had been ongoing for 10 years, causing damp and mould growth. The landlord did repair the leak but the damp and mould growth returned. During the works to repair the leaks it was also found that the ceiling contained asbestos.
It is an implied term of the tenancy agreement, pursuant to Section 11 of the Landlord and Tenant Act 1985 that a landlord is to keep in repair the structure and exterior of the house and installations therein for the supply of gas, water, electricity, sanitation and space heating. A landlord also owes a duty of care to the tenant, by virtue of Section 4 of the Defective Premises Act 1972, to ensure the property is reasonably safe from personal injury or from damage to their property.
Our Housing Team 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 Letter of Claim and independent surveyor report the landlord agreed to do the works.
Negotiations were subsequently entered into and the parties agreed upon terms of settlement including the landlord completing all works in accordance with the surveyor’s report, the landlord pays Ms T’s legal costs and payment of damages to Ms T would be paid within 14 days.