The number of disrepair claims against housing associations is expected to rise significantly following a coroner’s ruling that the death of Awaab Ishak from a respiratory illness was caused by ‘chronic exposure to mould’ in the Rochdale Boroughwide Housing (RBH) flat where he lived.

National press coverage of the health risks posed by damp and mould is making more tenants aware of the steps they can take when a landlord fails to deal with the problem. Many reports highlight the difficulties tenants face when they try to get landlords to address disrepair issues, including failures to respond to complaints and long delays in repair work being carried out. In the meantime, tenants are being forced to endure unacceptable living conditions for periods of many months or even years.

Other reasons for the increasing number of disrepair claims against housing associations include a lack of funding and decades of underinvestment in council housing stock and maintenance and reporting procedures, as well as the cost of living crisis, particularly soaring energy bills, which means damp and mould spreading in underheated homes across the country.

When a landlord makes no effort to repair a damp and mould problem, tenants have few options apart from making a housing disrepair claim. The Homes (Fitness for Human Habitation) Act 2018 requires all landlords to maintain their properties to meet the minimum standard for human habitation, and gives tenants the power to take legal action if they believe their property is unfit for human habitation.

Our housing disrepair solicitors are sympathetic to the physical and emotional problems caused by landlords who let out substandard housing, and are experienced in disrepair claims against housing associations:

Suing a Housing Association for Disrepair and Injury

The tragic death of Awaab Ishak at his family’s housing association property in Rochdale in December 2020 has been labelled a ‘defining moment’ for the housing sector at the child’s inquest, with the government further stating that providers are being put ‘on notice’. This includes Rochdale Boroughwide Housing (RBH), the housing association responsible for the home where Awaab died from ‘chronic exposure to mould’.

The inquest concluded that the two-year-old’s death was the result of a severe respiratory condition caused by prolonged exposure to damp and mould at his home on the Freehold estate in Rochdale, ultimately leading to respiratory failure. The property was judged to be inadequately ventilated, which was a prime reason for excess damp, condensation and mould spreading, and was also described as ‘unfit for human habitation’ by experts.

The inquest heard that no action had been taken by RBH to treat and remove the mould, despite the child’s parents having reported the disrepair issue three years before Awaab’s death. Concerns had also been expressed by health professionals that mould at the property could have an impact on the child’s health, but this similarly failed to lead to repair work being undertaken by the housing association.

Conditions at the family’s home do not appear to be unique, with Sky News revealing that RBH has received 106 formal complaints from tenants about damp and mould in their properties over the last 12 months. This may considerably underestimate the scale of the problem according to a former RBH employee who spoke to Sky, but it is clear that damp and mould poses an ongoing health risk to numerous housing association tenants, not only on the Freehold estate, but all across the country.

Find out more about suing a housing association for disrepair, including damp and mould:

Suing a Housing Association for Disrepair and Injury

A local family who suffered for more than 3 years because of unfit housing conditions have been awarded compensation after making a claim with the help of Bartletts Solicitors in Chester.

The housing disrepair case was brought to the specialist team at Bartletts Chester who worked hard to secure the compensation for all five family members – mum, dad, and 3 children.

The family were tenants in rented accommodation owned by a local housing association. Despite making complaints for 3 years about the damp, unfit living conditions of the property, the landlord took no action to remedy the problems until Bartletts Chester got involved.

The entire house was affected by mould because of the damp conditions, and one child moved out to live with their grandparents as the mould in their bedroom was unbearable. As a result of the damp, the remaining family members were ill on and off for the 3 years, and their possessions, including furniture and clothing, were badly affected by the damp too.

The dad, a health and safety officer, and mum, the couple’s disabled child’s carer, got in touch with the personal injury lawyers at Bartletts Chester who were able to prove that the significant coughs, colds and respiratory problems all the family members had been suffering from during the 3 years were over and above the usual seasonal illnesses.

A claim was made on the family’s behalf for the loss of use and inconvenience of living in unfit housing conditions, which is calculated as a percentage reimbursement of the rent per calendar month, plus for damaged possessions, and for the illness suffered by each family member over the years.

In total, dad was awarded £6,000, mum £1,750, the 2 children still living at home £1,100, and the child who had moved out received £400 in compensation.

As soon as the repair works were carried out at the house, the family stopped suffering from the illnesses caused by damp housing.

This was an interesting case as housing repair law recently changed following the implementation of the new Housing Act 2018 from March 2020. The change in law has opened up claims for tenants who may have previously struggled to secure compensation for issues such as condensation problems – before, condensation was deemed to be the tenant’s fault but now it is judged on a per-case basis and is often seen as being caused by the landlord failing to insulate the property properly.

If you have suffered as a result of housing disrepair speak to one of our specialist personal injury solicitors , contact us on 0800 988 3674 or Telephone our Chester office on: 01244 405 399 or our Wrexham office on: 01978 360056 or email advice@bartletts.co.uk