£6,800 Damages After Housing Association Failed to Resolve Damp and Mould
Written by Jenna Hargreaves · HDR Team Leader & Solicitor
Our client brought a housing disrepair claim after living with damp and mould that her housing association landlord had failed to resolve.
Despite the problems having previously been raised with the landlord and through the Housing Ombudsman process, the disrepair remained outstanding. An independent surveyor later identified remedial works estimated at £6,264.
Court proceedings followed and judgment was entered in our client's favour. The claim ultimately resulted in an award of £6,800 in damages.
Case at a glance
What problems was our client experiencing?
Our client was living with damp and mould in her home and had repeatedly sought action from her housing association landlord.
The problems were not resolved despite being reported, leaving our client continuing to live with the effects of the disrepair.
The matter had also been raised through the Housing Ombudsman process, but the underlying housing conditions remained unresolved.
What did the independent surveyor find?
As part of the housing disrepair claim, we instructed an independent expert surveyor to inspect the property.
The surveyor identified defects requiring remedial work and estimated that the necessary repairs would cost approximately £6,264.
This independent expert evidence provided an objective assessment of the condition of the property and the work required to put it right.
Why were court proceedings necessary?
Our client sought to resolve the claim without the need for a trial.
When the matter could not be brought to a satisfactory conclusion, court proceedings were issued on her behalf.
Judgment was subsequently entered in our client's favour and the case was listed for trial so that the remaining issues could be determined.
How much compensation did our client receive?
The claim concluded with our client recovering £6,800 in damages for the period in which she had been required to live with the disrepair.
The result demonstrates the difference between the cost of repairing a property and the compensation a tenant may recover for living with disrepair. Compensation in a housing disrepair claim can reflect factors including the extent of the defects, how long they continued and the effect they had on the tenant's use and enjoyment of their home.
Can you make a housing disrepair claim after going to the Housing Ombudsman?
Potentially, yes.
The Housing Ombudsman complaints process and a housing disrepair claim are different routes. A tenant may have already complained to their landlord or approached the Housing Ombudsman and still be able to pursue a legal claim if actionable disrepair remains unresolved.
In this case, legal proceedings were required before our client secured a successful outcome.
Is your housing association failing to deal with damp or mould?
If you have reported damp, mould or other housing disrepair and your council or housing association has failed to put things right, Antony Hodari Solicitors may be able to help.
We specialise in housing disrepair claims for tenants across England and act on a no win, no fee basis in eligible cases.
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