Experiencing housing disrepair in your council-owned property can be a daunting experience. Among the numerous issues that can arise, cases of rising damp and mould are particularly common and distressing. In this comprehensive guide, we’ll elucidate the steps to tackle these problems and guide you through the process of claiming compensation for the distress caused.
Identifying the Problem: Damp and Mould
First and foremost, it is crucial to understand what damp and mould are, as well as how they can affect your property and health. Damp in a property denotes the presence of excess moisture, which can stem from various sources, including a structural defect or faulty installation. Mould, on the other hand, is a type of fungus that thrives in damp conditions, often manifesting as black, green or white growth on walls, ceilings, furniture or even clothes.
Damp and Mould: The Landlord’s Responsibility
Under statutory obligations, landlords of council-owned properties are required to rectify problems causing damp, such as structural issues, damaged pipework or faulty installations. Moreover, if the presence of damp and mould renders your home unfit for habitation, your landlord is legally obligated to address the issue.
Condensation: A Common Culprit
Condensation is the most ubiquitous cause of mould growth. It occurs when warm, moisture-laden air comes into contact with a cold surface, leading to the condensation of water vapour. This can cause damp patches to form, encouraging mould growth.
Reporting the Issue: The First Step
If you notice signs of damp or mould in your council-owned property, your first step should be to report the issue to your landlord. It is essential to maintain a record of all interactions, including phone conversations, emails and text messages.
Landlord’s Inspection: The Next Move
Upon receiving your report, your landlord is obligated to investigate the issue. This may involve arranging a visit to your property or organising for a contractor or a damp expert to conduct an inspection.
Expert Opinion: When Needed
In certain cases, particularly complex ones, an expert opinion may be required. Your landlord should make this decision promptly and act on the expert’s advice. If your landlord refuses to seek an expert’s opinion, or if you disagree with their findings, you can arrange for an independent survey.
Tackling Condensation Issues
While condensation is a common issue, landlords should not dismiss complaints about damp and mould as mere condensation problems without proper investigation. If you’re following general advice to prevent condensation but still experiencing damp and mould, it’s crucial to inform your landlord.
Making a Complaint: Your Right
If your landlord fails to address the issue, you have the right to lodge a formal complaint. In case the issue remains unresolved despite your complaint, you can escalate the matter to the Housing Ombudsman, who can instruct the landlord to rectify the situation and potentially pay compensation.
Legal Action for Housing Disrepair
In severe cases, you might consider taking legal action against your landlord. If the problems with damp and mould are serious, you might be able to get free legal help or enter into a ‘no win, no fee’ agreement with a solicitor.
Seeking Assistance from Environmental Health
Residents of housing association properties can request an environmental health inspection from their local council. The council can order the landlord to rectify the damp and mould issue.
Moving Out for Repairs
In some instances, your landlord might ask you to relocate temporarily until the repairs are completed. Your tenancy agreement and the landlord’s decanting or repairs policy will outline what should happen in this scenario.
Claiming for Housing Disrepair
If you’ve suffered due to housing disrepair, you may be entitled to compensation. Your claim could be for the distress and inconvenience you’ve endured, the impact on your health, damage to your personal belongings, or the cost of any repairs you’ve had to carry out yourself.
Concluding Thoughts
Living with housing disrepair, particularly issues like rising damp and mould, can be challenging. However, knowing your rights, understanding the steps to resolve these issues, and being aware of the potential for compensation claims can empower you to navigate this difficult situation effectively.
Remember, as a tenant in a council-owned property, you have rights. If you’re dealing with housing disrepair, don’t hesitate to take the necessary steps to rectify the situation and improve your living conditions.
