Ensuring safe and habitable housing is a fundamental right for tenants. However, when landlords fail to uphold their obligations, legal action may be the only viable solution. A recent case, successfully argued by 8PP’s Craig Leigh under instructions from First Legal Solicitors, serves as a crucial reminder that tenants can challenge landlords who neglect their duty to maintain and repair their properties.
The case: A tenant’s struggle for safe living conditions
In this case, the claimant, a tenant of a local council property, brought legal proceedings against her landlord for failing to keep her home in a good state of repair. The claim was rooted in two key legal obligations:
- The express terms of the tenancy agreement, which required the landlord to maintain the property.
- Section 11 of the Landlord and Tenant Act 1985 (LTA 1985), which implies a duty on landlords to keep the structure and exterior of the property in good repair.
The tenant had endured years of inadequate living conditions, particularly issues related to external render disrepair and persistent damp and mould inside her home. Despite repeated reports, the landlord delayed necessary repairs and attempted to attribute the mould problem to the tenant’s lifestyle rather than structural defects in the property.
Expert Disagreement and the legal battle
Both parties instructed expert surveyors to assess the condition of the property. While both agreed on the presence of disrepair to the external render and in the living room, they disagreed on the primary issue: the cause of the damp and mould.
- The tenant’s expert view was that the mould resulted from a structural defect – specifically, the retrospective installation of external wall insulation, which had blocked passive wall vents and prevented adequate ventilation
- The landlord’s expert, on the other hand, viewed that the mould was due to insufficient heating and ventilation caused by the tenant’s lifestyle choices.
The central legal issue was whether the mould was an actionable disrepair under the express terms of the tenancy agreement and/or section 11 of the LTA 1985, or as a consequence of tenant behaviour specifically excluded by the tenancy agreement and section 11(2) of the LTA 1985.
The Court’s findings: A victory for the tenant
Following a contested hearing, during which both sides presented expert testimony and legal arguments, the judge ruled in favour of the tenant. The court found that:
- The mould in the property was actionable disrepair, as it was caused by the landlord’s retrospective installation of external wall insulation, which had blocked passive ventilation causing the condensation mould within the tenant’s property.
- The tenant provided credible evidence regarding how she heated and ventilated the property. Her testimony was clear and consistent, and there was little to no evidence supporting the landlord’s claim that lifestyle factors were the primary cause of the mould. In fact, documents provided in disclosure by the landlord contradicted the landlord’s case that the condensation mould had been caused by lifestyle factors.
- The landlord failed to carry out repairs within a reasonable timeframe. The court noted significant delays in addressing both the external render issues and the presence of mould in the property, in breach of the landlord’s repairing obligations under the tenancy agreement.
Court Orders and Compensation
As a result of the judgment, the court ordered the landlord to:
- Carry out necessary repairs to restore proper ventilation by unblocking the passive vents, to make good external decoration, and to treat the mould and decorate internally within 90 days
- Pay general damages to the tenant for the period of time she lived with disrepair.
The tenant was awarded a rent reduction of 10 per cent for the period during which the disrepair was deemed actionable, reflecting the impact of the poor living conditions on her quality of life.
Key takeaways from this case
This case provides important lessons for both tenants and legal practitioners handling housing disrepair claims:
- Structural issues are not lifestyle problems – Landlords often attempt to blame tenants for mould and damp issues, citing lack of ventilation or heating. However, if there is an underlying structural defect, as was the case here, the responsibility lies with the landlord to repair the defect and to remove the mould.
- Expert evidence is critical – The tenant’s expert played a pivotal role in demonstrating that the condensation was due to a structural issue rather than tenant behaviour. Tenants pursuing similar claims should seek independent expert assessments to support their case.
- Prompt repairs matter – Landlords have a legal duty to carry out repairs within a reasonable timeframe. In this case, the court recognised that a delay of over 13 months was unacceptable and awarded damages accordingly.
- Tenants should document issues and reports – A key part of the tenant’s success was her ability to show a history of reporting issues. Tenants facing similar problems should keep detailed records of all complaints, including dates and landlord responses (or lack thereof).
Conclusion: A powerful win for tenants’ rights
This case is a powerful reminder that tenants are not powerless when facing landlords who fail to meet their legal obligations. Thanks to expert legal representation from 8PP’s Craig Leigh, the tenant was able to challenge the landlord’s failure to maintain her home and secure a judgment in her favour.
While landlords may attempt to shift blame onto tenants, the law provides clear protections for those living in substandard conditions through no fault of their own. This case highlights the importance of challenging improper repair practices, holding landlords accountable, and ensuring that all tenants have access to safe and habitable housing.
For tenants facing similar issues, seeking professional legal advice can make all the difference in securing justice and improving living conditions. Please contact 8PP to see how we can assist.
