If you have a problem with mould in your council house, you may be eligible to bring a council house mould claim to force your housing provider to remedy the situation and pay you compensation.

At Bartlett’s, our team of leading housing disrepair solicitors have vast experience in assisting council tenants in holding their housing providers to account for providing substandard homes. We understand how distressing housing disrepair issues, like mould, can be, so take urgent steps to resolve the problem as soon as you instruct us.

To speak to our housing disrepair experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

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What Causes Mould?

Mould is a type of fungus that grows in damp conditions. Mould will not disappear until it is removed and will continue to grow back until the underlying issue is resolved.

Examples of some of the most common causes of mould in a home include the following:

• Inadequate ventilation.
• Lack of insulation.
• Excessive cold.
• Damage to the building’s structure, such as missing roof tiles or cracks in the walls.
• Defective damp-proof course.

Who Is Responsible For Mould In Your Council House?

Council house providers are subject to a number of strict legal duties relating to the properties they provide to tenants, which include the following:

• The property must not contain any ‘category 1’ hazards. In some circumstances, severe mould can be classed as a ‘category 1’ hazard.
• The property must not be prejudicial to the tenants’ health.
• The property must be fit to live in.
• The property must meet the ‘Decent Homes Standard’, meaning it is in reasonable repair, provides a reasonable degree of warmth, and does not contain a category 1 hazard.

Guidance issued by the Government states very clearly that landlords cannot seek to apportion blame for mould to a tenant’s lifestyle choices. A landlord must investigate the underlying cause of the mould, such as inadequate ventilation, and take prompt steps to fix it.

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What Is A Council House Mould Claim?

If you have notified your council house provider about the mould problem and they have not taken action to resolve it within a reasonable time, you may be able to bring a council house mould claim against them. If your claim succeeds, you will receive compensation, the amount of which will depend on various factors, including the amount of rent you pay, the severity of the mould, and how long you have had to live with it for.

However, before you issue a council house mould claim, our housing disrepair solicitors will seek to negotiate a settlement with your housing provider. That way, we can resolve the matter on favourable terms without you having to go through a Court case. We will begin by writing to your housing provider detailing the problem and telling them what they must do to avoid a legal claim being issued against them. Often, housing providers take decisive action on receipt of a letter of this nature since they realise you are not simply going to ‘go away’ and are usually keen to avoid litigation.

If your housing provider continues refusing to comply with their legal obligations, we will discuss with you the possibility of commencing litigation. We will make sure you understand how your case will proceed and the likely timescales. We will be on hand to provide advice and support at every stage of the proceedings, continuing negotiations with your housing provider in the background to achieve a swift resolution.

What Do You Need To Make A Council House Mould Claim?

It’s important to collect and retain evidence proving the existence of mould in your home and your housing provider’s refusals to remedy it. We will use this material to force the housing provider to take action or in support of any claim you bring against them.

Examples of the types of evidence you should gather include the following:

• Photographs of the damp and mould showing the extent of the problem and where it is located.
• The correspondence between you and your housing provider in which you notified them of the issue, and they refused to act or ignored you.
• Photographs of any belongings that were ruined by the mould.
• Evidence of any financial losses, such as increased utility bills.
• If the mould has caused health problems for you or your family, your medical notes and details of any treatment you received.

If you don’t have all this material to hand, don’t worry. You should still seek legal advice at the earliest opportunity so the issue can be resolved as quickly as possible. We will advise you on the evidence required in your case and assist you in gathering it so your case is as watertight as it can be.

To speak to our property disrepair experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

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