Housing Solicitors

The tragic death of two-year-old Awaab Ishak serves to highlight a vital, distressing issue regarding the number of people living in flats unfit for human habitation, but this could have been avoided.

The toddler died from a respiratory condition caused by exposure to mould in his home in Rochdale after being failed repeatedly by the authorities.

Despite numerous appeals by his father to the housing association for help, nothing was done.

Rochdale Boroughwide Housing (RBH) has now come under intense scrutiny following the ruling by the coroner, but this case is just the tip of the iceberg.

In my many years as a Housing Director, I have come across this issue many times though, thankfully, none were as extreme as in this case.

Landlords and public bodies too often make light of situations involving mould, with comments such as “mould won’t hurt you” or “open a window.”

People are only interested when someone sues them but the tragedy of all this is that these issues are often easily resolved with better ventilation, air bricks and extractors. This is not a problem without a solution, yet not a week goes by when my team does not hear from someone who is living in a mouldy house.

It is frankly unbelievable that someone of any age could be left to die from contact to mould in their home in the 21st century.

An estimated 14 million people live in poorly maintained homes, while more than a fifth of adults having reported suffering physical or mental health issues as a result of badly maintained housing. Unfortunately, too many people living in the poor housing conditions are unaware that they have the right to take legal action, or are simply fearful of retribution from the landlord and ending up homeless if they complain.

The proposed end to no fault evictions (Section 21 notices) and the government white paper designed to raise housing standards, keeps kicking the can along the road, leaving millions feeling helpless.

What is housing disrepair?

Housing disrepair is where there is deterioration i.e. when part of a building is in a worse condition than it was at some time earlier. The gradual or sudden deterioration of your home, because of the lack of repairs, or even work completed in an unsatisfactory manner. The starting point to consider would be the terms of a tenancy and the relevant acts such the Landlord and Tenant Act, Homes (Fitness for Human Habitation) Act, to name a few.

It can include both interior and the exterior spaces, and does not have to be purely a physical decline. Mould, vermin or insect infestations that cause a statutory nuisance can be relevant, leaky plumbing or guttering, or boiler issues, which mean the tenant has no or little access to heating or water, all constitute housing disrepair.

Not only that, people living in mouldy homes are twice as likely to suffer from respiratory problems, allergies, or asthma and children are more likely to have Eczema, with mould spores frequently causing allergies and rashes.

What are your landlord’s responsibilities?

Quite simply, if you are living in rented accommodation, which has fallen into disrepair, then it is the landlord’s responsibility to fix it, having been notified by the tenant of the issues.

Your landlord is legally obliged to maintain your home. If they fail to do so, you may have a case against them under the Landlord and Tenant Act (1985).


Lodging a claim against your landlord

To make a claim against your landlord, you need to show a deterioration in your rented accommodation and that your landlord has refused to act. Keep copies of letters or emails you have sent to your landlord and photos of the damage to your belongings - if mould has ruined your clothes or bedding for example, or if dodgy wiring has damaged your appliances - is important and helpful.

If the health of you or your loved ones has been affected, you may be able to make a personal injury claim, which may mean you can get help with hospital bills, or compensation for loss of wages, and any pain and suffering.

Where to begin?

If your landlord refuses to tackle damp, mould and other potential disrepair, contact a solicitor for advice.

Duncan Lewis Solicitors’ housing team has extensive expertise in all forms of disrepair, as well as possession, unlawful eviction, homelessness, succession for tenants, and neighbourhood dispute cases. We can also advise on whether you are entitled to legal aid, public funding.

Whilst the Government continues to prevaricate over its own white paper and measures that could improve the lives of millions, many people will be living in conditions similar to Awaab’s family.

However, it is important that you are protected in law, and help is available - there’s nothing like the threat of legal action to make someone sit up and take notice.

About the author: Housing director Manjinder Manjinder Kaur Atwal has more than 13 years’ experience in housing and property litigation law. She tackles a wide variety of housing and property law dispute cases including possession claims and eviction matters, landlord and tenant disputes, homelessness, housing disrepair, bringing judicial review matters, review/appeals relating to local authority housing decisions, bringing and defending injunctions, boundary disputes, property nuisance/negligence claims, consumer and contractual matter, debt recovery and enforcement. Manjinder has earned a reputation for taking on difficult cases that no-one thinks can succeed and frequently obtain excellent results for my clients.

Contact her via email at manjindera@duncanlewis.com or by telephone on 020 3114 1269.