Our client moved into a new home in August 2017. Shortly afterwards she noticed damp and mould in the bathroom and reported this to her landlord.
As is often the case, she was told to clean it herself and no inspection was undertaken.
Over the next few months, the problem spread to the hallway, living room and two bedrooms. She reported the problems again, but no inspection was carried out. At a routine inspection, she pointed out the problems and the surveyor agreed that there was a problem that necessitated further enquiries. However, it still took several months for someone to attend the property.
Inadequate repairs – Damp and mould
Eventually, her landlord’s agent attended the property and inspected the damp. They removed the plaster from the walls and applied a treatment to prevent the damp returning in the hallway and living room. However, he did nothing to treat the issues in the bathroom and bedrooms.
Our client contacted her landlord again to request that they send someone back to solve the problems in the other rooms, but they failed to do so.
Claim
Our client contacted us in September 2019. We agreed to help her on a no win no fee basis.
Such claims have rules for how they are to be conducted and having followed these, we instructed an expert surveyor who attended the property to carry out a joint inspection with a surveyor on behalf of her landlord.
At the inspection, the cause of the disrepair was identified. There was a concrete slab that was acting as a bridge for water to pass onto the plaster causing the damp and mould. The correct repairs were agreed between the surveyors and our client’s landlord arranged for these works to be completed within a few weeks of the inspection.
In addition to having her home repaired and decorated where required, our client’s claim settled for more than £1,000 in compensation.
by MJV&Co
Housing Disrepair Case Study
Our client contacted us in September 2019 to obtain free legal advice about her potential claim for housing disrepair.
Background
In around November 2018, a leak from the flat above caused water to enter our client’s property. The leak persisted for some time and damp and mould began to form.
Our client reported the problem to her landlord, who were also the landlord to the tenant of the property above, and they attended to carry out an inspection. They failed to carry out the checks that were needed and denied that they were responsible for fixing the problem.
Due to the leak, which our client was aware of, she was not happy with the response but did not know her legal position and so accepted the response and continued to live with the problem.
After almost a year of living in damp, mouldy and wet conditions, our client contacted us for help.
Claim
Sadly, it is often the case that landlords, including councils and housing associations, fail to undertake repairs even when they are aware that it is their legal obligation to do so.
We sent a letter of claim setting out the legal position and, in response, the landlord agreed to undertake the necessary repairs and to decorate the rooms that had been affected. They also agreed to compensate her £1,500 for the inconvenience she suffered.
If you live in a property that has been affected by a disrepair issue and your landlord has not done what they should, call us on 01253 858231 or e-mail michael.vincent@mjvlaw.co.uk for a no obligation, free consultation.
by MJV&Co
Important new housing disrepair law is coming into operation and it could affect you. If you are a landlord or tenant of a rented property, you should be aware of the changes.
Previously, landlords’ repairing obligations extended to the repair and maintenance of the structure, service media and so forth. This included the roof, brickwork, doors, windows and pipework. Problems regarding the design of the house were not covered. These were not considered to be the landlord’s obligation to repair and so many claims were rejected as housing disrepair claims.
On 20 March 2019, the Human (Fitness For Habitation) Act 1998 comes into law. It breathes new life into Section 8 of the Landlord and Tenant Act 1985. Now, landlords have to ensure a house is fit for habitation. That has always been taken to mean ensuring that the house does not pose a risk to health.
Case Study
Mr Smith lives in a rented house built in 1920. That was before gas central heating and electric showers. There are no problems with the windows, roof or brickwork, but the upstairs suffers from thick black mould. The mould could be dangerous if breathed in. He has complained and his landlord sent a workman. The report on the cause blamed moisture and condensation caused by modern living in an old house.
Currently, Mr Smith would not have a claim. The report suggests fitting extractor fans or a ventilation system, but to fix a design problem rather than to undertake repairs that are the landlord’s responsibility.
From 20 March 2019, provided Mr Smith can prove that the mould is a potential danger to his health, the landlord will be obliged to take the steps required by the report. While the problem is not caused by their failure to do repairs, that no longer matters. They are letting a property and have a duty to ensure it does not pose a health risk.
What to do?
If you have made a housing disrepair complaint against your landlord, particularly if you have previously been advised that you do not have a housing disrepair claim, it is worth seeking fresh advice.
At MJV Solicitors we are happy to help any potential client who thinks they may have a claim.
If your property is affected by damp, mould or other such matter that could damage your health, but that the landlord has claimed is not their responsibility, you should call us on 01253 858231.
We have been working with an expert surveyor to agree a claims pathway for claims under the new act that will maximise your chances of success and the compensation you may receive if your landlord does not co-operate. We can provide all this on a no win no fee basis.
by MJV&Co
Earlier this year thermal imaging company, IRT undertook a survey of 250,000 properties to assess the effectiveness of cavity wall insulation.
The outcome was that was around a quarter of those properties surveyed were not obtaining any benefit from the cavity wall insulation and, in some cases, saw bills rise rather than fall.
An article in the Daily Mail reports that some 6,000,000 homes in the U.K. have had cavity wall insulation installed and so as many as 1,500,000 properties will see no benefit from the installation.
A survey of 250,000 properties by thermal-imaging company IRT found the addition of cavity wall insulation to existing homes had failed to work in a quarter of cases and problems in half the homes it surveyed. Some owners even saw bills rise.
Despite this, the Cavity Wall Insulation Guarantee Agency (‘CIGA’) claim that satisfaction rates among those who submit claims are up. In our experience, this could not be further from the truth. Claims against CIGA are rarely dealt with to the satisfaction of the homeowner and those affected by mould, damp and compensation caused by cavity wall insulation are being let down.
At MJV & Co Solicitors, we provide expert legal advice and assistance for victims of cavity wall insulation. If you have mould, damp or condensation on your walls and have cavity wall insulation fitted, there is a very good chance, especially if there was no such issue prior to the installation, that the cavity wall insulation is the cause of the problem. Removing it will help prevent further problems, but we can assist you in having the damage repaired and your home returned to the condition it was in prior to the installation.
In most cases we are able to offer cavity wall insulation claim representation under no win no fee agreements. To get your claim started or for more information call us today on 01253858 231 or email info@mjvlaw.co.uk
