Late last year, the UK learnt of the incredibly sad case of Awaab Ishak, the two-year-old boy who tragically died as a result of chronic exposure to black mould in his family’s flat in Rochdale. Awaab’s parents hired legal help to take action against Rochdale Boroughwide Housing (RBH), the housing association who owned their home, and get justice for their child.

Awwab’s parents first reported the mould in 2017, but in the three years following, before Awaab’s death they were simply told to paint over it until they instructed solicitors to help them. What’s more, a health visitor wrote to RBH expressing concern over the health problems posed by the mould. The senior coroner of the case also stated that the mould was due to “normal daily living activities.” In short, the family could not have done anything in their day-to-day lives to prevent the build up of mould, the home was simply not built with sufficient ventilation in the first place and the housing association did not take the actions that they should have to tackle it.

What Are The Dangers of Mould?

Put simply, mould is caused by a build-up of moisture in a home. It is extremely common and can grow on anything from tiles to carpets. This build up of moisture, many times – and as clarified by the senior coroner in the Awaab Ishak case – cannot be helped, and is just a consequence of day-to-day living such as condensation due to the weather, drying clothes indoors or; but it can also be caused by things such as water leaks.

There are various different strains of black mould, and certain ones can release toxins which are harmful to humans, or cause fungal infections. Especially with long-term exposure, these toxins can cause respiratory issues (such as asthma), which can be fatal – especially for young children.

Mould – Who’s To Blame?

It can be difficult to determine whose responsibility it is to deal with mould and its causes.  Mould caused by damp, due to structural issues in the property causing leaks is very clearly a landlord’s responsibility to fix, but condensation could be a contentious issue. Some landlords or housing associations could claim that condensation is due to tenants’ lifestyles: such as drying clothes indoors, not keeping the house sufficiently heated, cooking or showering without opening windows to let steam out.

The problem is, practically, is that it can be difficult for tenants to always open windows – especially in winter when the weather is poor, tenants will not want to be opening windowsevery day. This is something which will be compounded by the current cost of living crisis – more and more people will be switching the heating on less in the first place, and therefore will not want to open windows and let cold air in as they attempt to keep warm.

How to Take Legal Action

Tenants can seek legal advice at many points throughout their tenancy when mould is becoming an area of concern. As soon as you notice mould, notify your landlord – they must respond to you within 14 days.

If you’re not happy with their solutions, if you feel that they have not provided a satisfactory resolution, then you can get legal advice. One option is to undertake the necessary repairs and resolutions yourself and charge your landlord back – but you must have legal advice first, as you will need to be able to prove that the repairs you undertook were your landlord’s responsibility, and that they did not sufficiently solve the issue when you gave them the opportunity to.

If you have repeatedly asked your landlord to deal with mould and they have not taken sufficient action, legal support can also help make your voice heard. A legal team can take over communications with your landlord and housing association, and point out their legal obligations.

If you feel you have suffered health issues from mould in your home, it is crucial that you instruct legal help. Negligence on a landlord’s part which has caused physical harm is an issue where you deserve legal compensation.

If you’re concerned about mould in your home, get in touch with our team to find out how we can help.

Subscribe to Updates

If you enjoyed this, why not subscribe to free email updates ?

I've already subscribed / don't show me this again