Housing Disrepair Success Stories – Damp, Mould Growth And Ongoing Disrepair
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, which included significant black mould growth in the property. As well as the mould growth the property also suffered from other disrepair including water ingress from the roof. Ms C first reported disrepair in the property 5 years ago and has since reported disrepair as it occurs.
It is an implied term of the tenancy agreement, pursuant to Section 11 of the Landlord & Tenant Act 1985 that her landlord would keep in repair the structure and exterior of the dwelling house and the installations therein for the supply of gas, water, electricity, sanitation and space heating. The landlord owes a duty of care complaint to Section 4 of the Defective Premises Act 1972, to ensure the property is reasonably safe from personal injury or from damage to their property.
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.
The landlord did not responded to the Letter of Claim but they did provide disclosure. Upon receipt of the surveyor’s report, an updated Letter of Claim was sent to the landlord. The landlord failed to respond to the updated Letter of Claim consequently our Housing Team issued proceedings against Ms C’s landlord for an order for specific performance, damages and costs.
The claim was defended however shortly after filing a Defence negotiations were entered into to settle the matter. The claim was settled shortly afterwards for the sum of £8,000.
The parties agreed the damages would be paid within 21 days and that the outstanding works at the property will be completed in accordance with our surveyor’s schedule of works.
Sophie Bell is a Partner in our leading Housing Team (ranked tier 1 by Legal 500 and Chambers UK legal directories). Sophie deals with a wide variety of housing cases including possession and eviction matters, homeless applications and appeals and disrepair cases. Sophie is a recommended lawyer in Chambers 2023 and Legal 500, 2023.
