Hi, it’s Deborah and Euzi
Have you got mould in your home? Damp and mould are a common complaint amongst tenants. Living in such conditions can cause ill-health, damage to personal belongings, increased heating costs and bad smell. The most common problems causing damp and mould within the walls and floors are leaking pipes, lack of insulation, gutting and roofing problems and the lack of ventilation, specifically in bathrooms and kitchens.
According to NHS Choices mould and damp can damage your health as mould produces allergens, irritants and sometimes toxic substances. It might also trigger asthma attacks, bad coughs and allergic reactions like runny nose, skin rash and red eyes. In some cases if the tenant is living in a property that is in a state of disrepair and they have suffered inconvenience or ill-health as a result, they might be entitled to claim compensation and have the property repaired.
Your landlord is responsible for dealing with mould in your home if the property is not water-tight and this causes mould (for example: cracked window frames, cracked exterior walls and broken roof tiles) and if there are plumbing issues which result in mould (for example: leaking or ‘ sweaty’ pipes, loose fittings etc)
But the tenant is responsible for dealing with mould when inadequately ventilating rooms can lead to mould. For example: steam from hot baths or drying wet clothes indoors can lead to mould issues, especially if windows and doors are kept closed. Also, a lack of heating can cause condensation which can cause mould to form and grow.
Before making a claim against your council, housing association or landlord for disrepair, here are a few actions to take in order to verify the possibility of a claim:
- Contact your landlord: contact your landlord as soon as you come across a problem, particularly if it’s a big one that could cause long-lasting damage to you, your possessions or the property. An email is enough to make sure you have a record to refer back to what happened and when. If you need to claim compensation, it could be important to show that your landlord was aware of the disrepair, so it's always a good idea to have the complaint in writing.
- Collect evidence of disrepair: send photos of the damage when you complain to the landlord, particularly if they’re not taking action and the problem is getting worse. Keep copies of all correspondence, including texts, emails, letters or notes. If you’ve had to replace damaged items yourself, keep the receipts. If the problem is making you ill, keep any letters from your GP proving this to be the case.
- Contact the environmental health department: if your health issues are urgent or the landlord isn’t acting on your complaint, contact the environmental health department of your local council to carry out an inspection of your home and provide a report. If the report confirms that your accommodation is dangerous to your health, the council will either notify the landlord or they can carry out emergency repairs and charge the landlord.
To back up your claim ensure you have the following:
- Photographs of the problems and any damage. If the Council are stating that it is the way in which you are living that is causing the problem then take daily photographs of the mould, mini daily videos of you cleaning the mould, a daily diary and then take photos of when the mould returns to the area where you have cleaned. Also take daily photos of windows and vents being kept open. Remember to ensure that the date is set on the camera/mobile that you are using so that your evidence is clear. Yes, we know it is a faff! But, it is the only way you will be able to prove that you are doing all that you can to mitigate the situation.
- Receipts for anything you've had to replace (keep the damaged items too, as they are evidence)
- Medical reports if the disrepair has damaged your health
- A report from the council’s environmental health department
- A report from an independent “Mould Expert” (these are expensive) and it must be someone with professional qualifications whose obligation is to the Court and not to you.
If you need help with your claim you can count on us to assist you!
http://bit.ly/2IbjyQE
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