Housing Disrepair: What are the right and wrong types of mould?
Mould is a serious and prevalent issue in social housing in the UK, but not all types of mould warrant a housing disrepair claim. It’s important to distinguish between situations where such a claim is justified and when it might not be appropriate. Here’s a breakdown of the right and wrong types of mould situations if you’re considering making a housing disrepair claim:
The Wrong Types of Mould
Minimal or Cosmetic Mould: Claims for minor mould issues that can be easily and safely addressed by routine cleaning or maintenance are generally not suitable for disrepair claims. Examples include small patches of mould on bathroom tiles or grout.
Mould Due to Tenant Behaviour: If the mould is a result of tenant behaviour, such as poor ventilation or cleanliness, you might not be able to submit a housing disrepair claim. Tenants have a responsibility to maintain their living spaces in a reasonably clean and hygienic condition.
Mould in Non-Living Spaces: Mould in non-living spaces, like garages or storage areas, may not be a valid basis for a disrepair claim if it doesn’t directly impact the habitability of the main living areas.
The Right Types of Mould
Extensive Mould Growth: If there is extensive mould growth in the main living areas of the property, such as the bedroom, living room, or kitchen, that is not a result of tenant behaviour, it could justify a disrepair claim.
Structural Issues: Mould caused by structural defects like leaking roofs, plumbing, or inadequate insulation is typically grounds for a disrepair claim. These issues are the landlord’s responsibility to fix.
Health and Safety Concerns: Mould that poses health and safety risks, especially for vulnerable tenants like those with respiratory conditions, may justify a claim. Mould-related health concerns can be serious and warrant action, particularly following Awaab’s Law.
Recurring Mould: If the mould issue keeps recurring despite previous attempts at rectifying it, it may suggest an underlying problem, such as a hidden leak. This could justify a disrepair claim.
Inaction by the Landlord: If you have reported the mould issue to the landlord, and they have ignored you or failed to take reasonable steps to address it, you could have a valid basis for a disrepair claim.
At Sandstone Legal, we operate our Housing Disrepair Claims on a No Win, No Fee basis. This means that, at no cost to you, we will check whether you have a valid claim. To find out more and complete our free assessment CLICK HERE.
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