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Dental Negligence

Common Examples of Dental Negligence

What are the most common types of dental negligence

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Dental care plays a vital role in maintaining your overall health. As a result, patients place significant trust in dental professionals to deliver safe and effective treatment. Unfortunately, like all areas of healthcare, dentistry is not immune to negligence. When dental care falls below an acceptable standard, the consequences can be serious and long-lasting.

Dental negligence can lead to pain, permanent damage, and costly corrective treatment. Below, we outline some of the most common examples of dental negligence to help you understand when you may have a valid claim.

Periodontal (Gum) Disease Negligence

If a dentist fails to diagnose or properly treat gum disease, the condition can worsen significantly. Over time, untreated periodontal disease may result in tooth loss and has also been linked to wider health risks, including heart disease and diabetes.

Negligent Root Canal Treatment

Root canal treatment must be carried out with precision. When the procedure is performed poorly, patients may suffer ongoing pain, infection, or nerve damage. In particular, negligence may occur if sodium hypochlorite (the dental bleach used during treatment) escapes beyond the tooth, causing tissue damage.

Tooth Extraction Errors

Although tooth extractions are common, mistakes can still occur. Typical examples of negligent tooth extraction include:

  • Removing the wrong tooth
  • Causing unnecessary trauma
  • Fracturing the jaw during the procedure

These errors can lead to prolonged recovery and further corrective treatment.

Dental Implant Negligence

Dental implants require careful planning and execution. A failed implant may indicate negligence, especially where one or more of the following issues apply:

  • An implant was placed without first treating gum disease
  • There was insufficient bone to securely support the implant
  • The implant was inserted at the wrong angle
  • The implant was positioned too close to a neighbouring tooth, requiring removal and replacement

Any of these failures can significantly reduce the lifespan of the implant and cause avoidable pain.

Negligent Crowns, Veneers, and Bridges

Crowns, veneers, and bridges are designed to restore or improve dental function. However, negligent restorative dentistry can result in discomfort, bite problems, or further damage to surrounding teeth. If your ability to chew or speak has been affected following treatment, this may indicate substandard care.

Orthodontic Negligence

Orthodontic treatment requires careful planning and ongoing management. Negligence may arise where there is:

  • A failure to provide the appropriate type of orthodontic treatment
  • Poor management once treatment has started
  • An unreasonable delay in commencing treatment

Such errors can prolong treatment time and negatively affect long-term results.

Negligent Composite Bonding

Composite bonding should only be carried out when appropriate and must meet acceptable clinical and cosmetic standards. Negligence may include:

  • Providing unnecessary or unsuitable treatment
  • Poor workmanship, including bad fit or appearance
  • Substandard results leading to premature replacement

Making a Dental Negligence Claim

If you have suffered avoidable pain, injury, or financial loss due to negligent dental treatment, you may be entitled to claim compensation. Importantly, dentists and dental hygienists have a duty to provide care that meets professional standards, and failures to do so should be challenged.

Our Dental Negligence team has decades of combined experience advising and representing clients in dental negligence claims. We are sympathetic, understanding, and committed to supporting you throughout the process.

Contact us today to discuss your claim and arrange a free, no-obligation consultation.

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Categories
Motorbike Accident

How Long Will A Motorbike Accident Claim To Get Compensation?

How long will a motorbike accident claim to get my compensation

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Following a motorbike accident, one of the most pressing questions for victims is how long it will take to receive compensation. While the timeline for a motorbike accident claim can vary depending on several factors, this post aims to provide a general overview of what to expect during the process.

  • The first step in the process is to consult with a solicitor or personal injury lawyer experienced in motorbike accident claims.
  • To build a strong case, evidence must be collected. This may include accident reports, witness statements, medical records, and documentation of financial losses.
  • Your medical condition and prognosis play a significant role in determining the compensation amount.
  • Establishing liability is a crucial step in the process. This involves determining who was at fault for the accident. In some cases, liability may be disputed, which can prolong the claim process.
  • Once your solicitor has a complete picture of your case, they will negotiate with the insurance company representing the at-fault party. The length of negotiations can vary, as it depends on the complexity of the case and the willingness of the insurance company to settle.
  • If a settlement cannot be reached through negotiations, your case may proceed to court. Court proceedings can significantly extend the timeline for your claim, as the legal process can be lengthy.
  • If a settlement is reached, your solicitor will review the terms of the agreement with you. Once both parties agree, compensation can be paid. The time it takes to finalise the settlement can vary but is generally quicker than court proceedings.
  • Once the settlement is finalised, the compensation is typically paid to you. The time it takes for you to receive the funds can vary depending on administrative processes, but it is usually not a lengthy delay.

If you have been involved in an accident as a motorcyclist and the accident was not your fault then we can help you claim the compensation you deserve.

Our team has decades of combined experience in dealing with Personal Injury Claims.

Our NJS Law Motorbike Injury Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation. We’re available by email or phone.

Contact us today to discuss your claim.

CONTACT US

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Categories
Motorbike Accident

How Much Compensation Can I Get From A Motorcycle Accident Claim?

How much compensation can I get from a motorcycle accident claim

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Motorcycle accidents can result in a wide range of injuries and damages, leaving victims with physical, emotional, and financial obligations. If you’re considering making a motorcycle accident claim, you might be wondering how much compensation you can expect to receive.

  1. The Severity of Injuries:
    The most significant factor in determining compensation is the severity of your injuries. More severe injuries typically lead to higher compensation. For example, a traumatic brain injury or spinal cord injury will likely result in greater compensation compared to minor fractures or soft tissue injuries.
  2. Medical Expenses:
    Your medical expenses, both immediate and ongoing, will be a crucial component of your compensation claim. This includes the costs of hospitalisation, surgeries, rehabilitation, prescription medications, and assistive devices like wheelchairs or prosthetics.
  3. Loss of Earnings:
    If your injuries prevent you from working or cause you to miss time from your job, you may be eligible for compensation to cover your lost income. This can include not only past earnings but also potential future earnings if your ability to work has been permanently affected.
  4. Pain and Suffering:
    Compensation is also awarded for the physical and emotional pain and suffering resulting from the accident and your injuries. The extent of this compensation depends on the severity and duration of your suffering.
  5. Psychological Trauma:
    Motorcycle accidents can lead to psychological trauma, such as post-traumatic stress disorder (PTSD) or depression. Compensation may be available for psychological injuries and the associated therapy or counselling.
  6. Rehabilitation and Adaptations:
    Rehabilitation costs, including physical therapy, occupational therapy, and psychological counselling, may be factored into your compensation. Additionally, if your home or lifestyle needs adaptations to accommodate your injuries, these costs can be included.
  7. Property Damage:
    Compensation for the repair or replacement of your motorcycle and riding gear is typically included in a motorcycle accident claim.
  8. Liability and Shared Fault:
    The degree of liability attributed to the other party involved in the accident can affect the compensation amount. If you were partially at fault for the accident, your compensation may be reduced accordingly.
  9. Legal Representation:
    Having a skilled solicitor or personal injury lawyer on your side can significantly impact the compensation you receive. They can ensure that all relevant factors are considered, negotiate with insurance companies, and advocate for your rights.

While no two cases are alike, pursuing a motorcycle accident claim can provide financial support and help you rebuild your life after a devastating accident. It’s essential to act promptly, gather evidence, and seek legal guidance to maximise your chances of obtaining fair compensation.

If you have been involved in an accident as a motorcyclist and the accident was not your fault then we can help you claim the compensation you deserve.

Our team has decades of combined experience in dealing with Personal Injury Claims.

Our NJS Law Motorbike Injury Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation. We’re available by email or phone.

Contact us today to discuss your claim.

CONTACT US

Get in touch using the form below or via the following methods:

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FAQ

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Categories
Motorbike Accident

What Are The Most Common Types Of Motorcycle Injuries?

What are the most common types of motorcycle injuries

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Motorcycling can be a delight and efficient mode of transportation, but it also comes with unique risks. Motorcycle accidents can lead to a range of injuries, some of which are unfortunately all too common:

  • Head Injuries: Head injuries are among the most serious and prevalent motorcycle injuries. These can range from concussions and skull fractures to traumatic brain injuries (TBI).
  • Fractures and Broken Bones: Motorcycle accidents often result in fractures and broken bones, particularly to the extremities, such as arms, legs, and hands.
  • Road Rash: Road rash occurs when a rider’s unprotected skin comes into contact with the road surface during a slide or fall. It can range from minor scrapes to severe skin abrasions, sometimes requiring skin grafts or surgeries.
  • Spinal Cord Injuries: Spinal cord injuries can lead to partial or complete paralysis and are often caused by high-impact accidents.
  • Internal Injuries: Internal injuries, such as organ damage or internal bleeding, can occur due to the force of impact in a motorcycle accident. These injuries may not be immediately apparent, highlighting the importance of prompt medical evaluation after an accident.
  • Facial Injuries: Facial injuries, including fractures, lacerations, and dental trauma, can result from a motorcycle accident.
  • Lower Extremity Injuries: Leg and foot injuries are common, with riders often sustaining fractures, dislocations, or soft tissue injuries.

If you have been involved in an accident as a motorcyclist and the accident was not your fault then we can help you claim the compensation you deserve.

Our team has decades of combined experience in dealing with Personal Injury Claims.

Our NJS Law Motorbike Injury Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation. We’re available by email or phone.

Contact us today to discuss your claim.

CONTACT US

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Categories
Contesting A Will

What Is The Difference Between A Next Of Kin and A Beneficiary

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The term “Next of Kin” is often misunderstood. Legally, it has no strict meaning, but it is commonly used in hospitals and legal situations to indicate someone close to you.

Next of Kin in Hospitals

If someone needs hospital treatment, they are usually asked to nominate a Next of Kin.

  • A patient can choose any adult: a spouse, partner, adult child, friend, or neighbour.
  • Hospitals use this information to know who to contact in an emergency.
  • There is no legal order of priority for who can be a Next of Kin

Executors of an Estate

Similar to choosing a Next of Kin, you can nominate anyone to act as an Executor of your Estate.

  • Executors handle the administration of your Estate after you die.
  • Common choices include a spouse, adult child, partner, or trusted friend.

Nominating an Executor in a Will ensures your wishes are followed and reduces the risk of disputes.

What Happens Without a Will?

If someone dies without a Will, the law sets a priority list for who can apply for Letters of Administration:

  1. Spouse or civil partner
  2. Adult children
  3. Parents
  4. Siblings

Disputes can arise if multiple people in the same category want the role – for examples:

  • More than one child applying
  • Separated parents both wanting to administer the Estate

Tis is one of the main reasons making a Will is so important.

Beneficiaries of an Estate

Beneficiary is anyone entitled to inherit part or all of an Estate.

  • A Beneficiary can be nominated in a Will
  • If there is no Will, the intestacy rules decide who inherits
  • Friends neighbours, or social partners cannot inherit if there is no Will.

Why Legal Advice Matters

Inheritance and administration disputes can be complicated.

Our team has extensive experience in inheritance disputes. We are sympatheticunderstandingand here to guide you every step of the way.

We can get it sorted.

It’s what we do.

Call us – it’s free to ask

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Categories
Contesting A Will

Contesting a Will Made Undue Influence

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We are often contacted by people who believe a Will is invalid due to undue influence. Equally, we hear from beneficiaries who argue that a Will is valid and deny that any undue influence took place.

So what does the law actually say?

What Is Undue Influence in a Will?

Undue influence occurs when a Will is made as a result of unlawful pressure being applied to the person making it (the testator).

If a Will is signed because of undue influence, it is void and has no legal effect.

Lawful Persuasion vs Unlawful Pressure

It is important to understand that not all influence is unlawful.

The law recognises that it is perfectly legitimate for someone to try to persuade a testator to leave them a gift. The difficulty lies in identifying where legitimate persuasion ends and undue influence begins.

What the Courts Say

In the 1860s case of Hall v Hall, the court stated that the following are legitimate:

“Persuasion, appeal to affection or ties of kindred, gratitude for past services, or pity for future destitution.”

These types of influence are allowed. Undue influence, however involves pressure that overpowers the testator’s free will.

Why Undue Influence Is Difficult to Prove

There is another significant challenge. Undue influence often takes place behind closed doors, with no witnesses present.

As a result:

  • It is relatively easy to allege undue influence
  • However, it is often very difficult to prove

Each case depends heavily on evidence and circumstances.

Proposed Changes to the Law

The Law Commission is currently considering reforms to better protect vulnerable testators, particularly older people at risk of financial abuse.

Our Head of Department has been working with the Law Commission to help strike the right balance between:

  • Protecting vulnerable individuals
  • Upholding legitimate gifts and testamentary freedom

Why Specialist Legal Advice Is Essential

Undue influence claims are legally complex and evidence-heavy. Because of this, specialist advice is essential from the earliest stage.

Expert Support With Inheritance Disputes

Our team has extensive experience dealing with inheritance and Will disputes, including claims involving undue influence.

We are sympathetic, understanding, and here to guide you every step of the way.

We can get it sorted.
It’s what we do.
📞 Call us — it’s free to ask.

CONTACT US TODAY

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Categories
Birth Injury

The Long-Term Cost of Birth Injuries

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Birth injuries caused by medical negligence have a profound impact on mothers, babies, the NHS, and society as a whole. As specialist birth injury compensation solicitors, our focus is on securing the rehabilitation care, and financial compensation families need to move forward.

According to NHS Resolution, the body responsible for handling NHS claims, payments for clinical negligence in England rose by 9.5% in 2022/23 to almost £2.7 billion, with maternity negligence accounting for a significant proportion of this cost. These figures highlight the seriousness and prevalence of birth injury claims.

What Is a Birth Injury?

A birth injury is an injury sustained by a mother and/or baby beforeduringor shortly after labour and delivery. While most births result in excellent care, avoidable errors can cause life-changing harm.

Common Birth Injuries Affecting Mothers

Mothers may suffer a range of injuries, including:

  • Perineal trauma
  • Haemorrhage
  • Infection
  • Ruptured uterus
  • Prolapsed uterus
  • Pelvic fractures
  • Pre-eclampsia

Common Injuries Affecting Babies

Babies can also suffer serious injuries, such as:

  • Cerebral Palsy
  • Brachial plexus birth injury (including Erb’s palsy and shoulder dystocia)
  • Oxygen deprivation (hypoxia or anoxia)
  • Brain injury
  • Broken bones
  • Infection
  • Stillbirth

When injuries are caused by negligent maternity care, they can result in long-term physical, psychological, and financial consequences.

The Long-Term Effects of Brachial Plexus Birth Injury

One of the most common birth injuries in infants is brachial plexus birth injury. This occurs when the network of nerves controlling the shoulder, arm, and hand is stretched or damaged during delivery – often due to excessive force applied to the baby’s head and neck.

Shoulder Dystocia and Nerve Damage

Brachial plexus injuries frequently occur in cases of shoulder dystocia, where the baby’s shoulders become stuck behind the mother’s pelvic bone after the head has been delivered. Improper management of shoulder dystocia can significantly increase the risk of permanent injury.

Long-Term Outcomes

While many infants recover fully, research published in 2023 found that approximately 30% of children with brachial plexus birth injuries suffer permanent paralysis. Secondary complications may include:

  • Persistent weakness
  • Joint deformity or dislocation
  • Contractures
  • Altered limb growth
  • Chronic pain and reduced range of motion
  • Mental health difficulties
  • Spinal and joint degeneration

A specialist birth injury compensation solicitor will ensure that appropriate medical experts are instructed so the court can fully assess long-term prognosis and award accurate compensation.

The Long-Term Impact of Perineal Tears

For mothers, perineal tears are among the most common birth injuries and vary in severity.

Degrees of Perineal Tears

  • First degree tears: Affect only the skin, often heal quickly
  • Second degree tears: Involve perineal muscles and usually require stitches
  • Third degree tears: Extend into the anal sphincter and require surgical repair
  • Fourth degree tears: The most severe, extending into the rectum and potentially causing long-term complications such as faecal incontinence

Failure to correctly identify or repair third and fourth degree tears can have devastating consequences, affecting a woman’s physical health, sexual wellbeing, and mental health.

birth injury solicitor will investigate risk factors, failures in care, and the long term impact of the injury, supported by expert medical evidence.

Government Inquiry Into Birth Trauma

Birth injuries often coincide with birth trauma. On 9th January 2024, a new All-Party Parliamentary Group (APPG) was launched to investigate birth trauma in the UK.

Objectives of the Inquiry

The inquiry aims to:

  • Identify maternity care practices contributing to birth trauma
  • Highlight examples of good maternity care and post-birth support
  • Examine the impact of birth trauma on mental health, relationships, bonding, and future reproductive choices

Evidence is expected to be heard between February and March 2024, with findings published in April 2024.

Why Early Legal Advice Matters

Childbirth should be remembered as a joyful and safe experience. When a birth injury or traumatic birth occurs, families can face years of pain, uncertainty, and ongoing medical treatment.

If you or your baby have suffered a birth injury, it is vital to contact a birth injury solicitor as soon as possible. Around 80% of clinical negligence claims settle out of court, meaning most cases are resolved without the stress of a trial.

Early legal advice helps ensure:

  • Evidence is preserved
  • Time limits are met
  • Appropriate rehabilitation and interim payments are secured

Specialist Birth Injury Solicitors You Can Trust

Our team has decades of combined experience representing families in medical negligence and birth injury claims. We are compassionate, understanding, and committed to securing the support and compensation you need to move forward.

Free No-Obligation Consultation

If you believe medical negligence caused a birth injury, contact us today to discuss your situation. We offer a freeno obligation consultation and are available by phone or email to help you take the next step.

CONTACT US

Get in touch using the form below or via the following methods:

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FAQ

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Categories
Contentious Probate

What Are The Most Common Types of Contentious Probate Disputes?

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At NJS Law, our specialist solicitors have extensive experience dealing with Inheritance Disputes of all kinds. We regularly act for clients who are bringing claims as well as those who need to defend claims made against an estate.

Inheritance disputes can be stressful, emotional, and legally complex. Our role is to guide you through the process with clarity, sensitivity, and expert legal advice.

Claims Under the Inheritance (Provision for Family and Dependants) Act 1975

The most common type of inheritance dispute is a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

Who Can Make a Claim?

Claims under the Act may be brought by:

  • A spouse or civil partner
  • A former spouse or former civil partner
  • A cohabiting partner (living together for at least two years)
  • Children (including adult children and those treated as children of the family)
  • Financial dependents

Most people who make a Will provide properly for their loved ones. However, disputes often arise where someone has been deliberately excluded or left with insufficient provision.

Claims by Adult Children

Claims brought by adult children are particularly complex and depend heavily on the individual circumstances. Some claims succeed, while others do not. As a result, many cases are settled through negotiation to minimise risk, costs, and emotional strain for all parties.

Disputes About the Validity of a Will

Challenges to the validity of a Will are another common form of inheritance dispute.

Reasons a Will May Be Invalid

A Will may be declared invalid for several reasons, including:

  • Failure to comply with legal signing and witnessing requirements
  • Lack of mental capacity at the time the Will was made
  • The Will-maker not fully understanding the effect of the Will.
  • Errors or failures by the Will preparer

In some cases, Wills are prepared for individuals with long-term diagnoses such as dementia, without adequate assessment of capacity. These situations frequently result in disputes after death.

Executor and Estate Administration Disputes

We also advise on disputes involving the administration of estates, including disagreements between Executors and concerns about how an estate is being managed.

Common Executor Disputes

These disputes often involve:

  • Executors failing to carry out their duties properly
  • Unreasonable delays in distributing estate assets
  • Disputes between Executors or beneficiaries

Such disputes are becoming increasingly common, and our solicitors are experienced in resolving them efficiently.

Why Choose NJS Law for Inheritance Disputes?

Our team offers:

We are committed to supporting you every step of the way.

Speak to an Inheritance Disputes Solicitor

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Contact NJS Law today for expert advice on inheritance disputes.

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Frequently Asked Questions About Inheritance Disputes

What is an inheritance dispute?

An inheritance dispute is a legal disagreement relating to a person’s estate after they have died. This can include disputes about the terms of a Will, claims for financial provision, challenges to the validity of a Will, or issues with how an estate is being administered.

Who can challenge a Will?

A Will may be challenged by individuals with a legal interest in the estate, including beneficiaries, potential beneficiaries, or those who believe the Will is invalid. Common grounds for challenging a Will include lack of mental capacity, improper execution, undue influence, or fraud.

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Categories
Damp & Mould Disrepair

RCP Calls on Government to Take Urgent Action on Damp and Mould

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In January 2023, we published an article examining the action taken by the Regulator of Social Housing (RSH) to remind social housing providers of their legal obligations to prevent damp and mould in rented homes. This followed the tragic death of two-year old Awaab Ishak, who died from a respiratory condition made worse by prolonged exposure to damp and mould in his family’s social housing property in Rochdale.

Following Awaab’s death, a Senior Coroner stated:

“The tragic death of Awaab will and should be a defining moment for the housing sector in terms of increasing knowledge, increasing awareness and a deepening of understanding surrounding the issue of damp and mould.”

Despite these warnings, damp and mould in social and private rented housing remain widespread in the UK. Over the past year, many tenants have continued to suffer serious and life-threatening health problems linked to poor housing conditions.

In response, the Royal College of Physicians (RCP) has issued a further warning to the government, highlighting the ongoing public health risks of mould exposure. This article explores the continuing health impacts of damp and mould in Britain’s rental homes, why conditions show little improvement in 2024, and the RCP’s call for urgent reform.

Tenants Continue to Suffer the Health Impacts of Damp and Mould

Recent research shows that around 88,000 social housing households currently suffer from serious damp and mould problems. These conditions are linked to a range of health issues, including asthma, respiratory infections, allergies and, in severe cases, premature death.

An investigation by The Observer has also revealed that private landlords and housing associations are often not held accountable for failing to resolve mould and damp issues. Of the 2,907 rulings made by the Housing Ombudsman over the past three years, the average financial penalty issued to housing associations was just £445.

Suzanne Muna, a representative of the Social Housing Action Campaign, explained:

“It is obvious that such weak sanctions make little impact, and they certainly don’t drive strategic change.”

These minimal penalties fail to incentivise landlords to address serious property defects, leaving tenants exposed to ongoing health risks.

Real-Life Cases Highlight the Dangers of Mouldy Homes

Over the last year, several high-profile cases have drawn attention to the devastating effects of living with damp and black mould. One such case involved Morgan Sinnott, who lives with a rare genetic condition known as Wolfram Syndrome, making her particularly vulnerable to respiratory illness.

Ms Sinnott was hospitalised in a life-threatening condition after contracting pneumonia for the third time, which was linked to mould exposure in her home. Her experience reflects the fearfrustrationand powerlessness felt by many tenants living in social housing or private rented properties where landlords fail to take action.

These cases underline the serious health consequences of damp and mould, particularly for children, the elderly, and those with pre-existing medical conditions.

RCP Calls on Government to Take Urgent Action on Damp and Mould

The Royal College of Physicians (RCP) has recently urged Michael Gove, Secretary of State for Levelling Up, Housing and Communities, to accelerate a promised crackdown on landlords, who fail to remedy mould and damp in rented homes.

The RCP waned that without stronger laws and enforcement, more people will suffer severe illness or die as a result of inhaling fungal toxins released by mould. While the government has previously promised to introduce firm deadlines for landlords to carry out repairs, progress has been slow.

Why Damp and Mould Problems Are Getting Worse

According to Professor Sir Stephen Holgate, Special Adviser on Air Quality to the RCP, urgent reform is needed due to several contributing factors:

  • Poor housing quality across the UK
  • Rising energy costs forcing tenants to keep windows closed
  • Increased indoor moisture and condensation
  • Mould becoming more resistant to treatment

Professor Holgate criticised the slow pace of reform, stating that progress has been delayed by:

“Obfuscation, debate and committees.”

He has called for the UK to adopt a “zero tolerance” approach to damp and mould, similar to policies already in place in Germany.

“We know housing in this country is in a dreadful state. The science of the risks of mould exposure hasn’t been accepted strongly enough by regulators. This passive approach is failing society.”

Landlord Responsibilities and the Need for Stronger Enforcement

Landlords have a legal duty to provide safehabitable homes. This includes taking prompt action to investigate and repair damp and mould. However, without meaningful penalties and strict enforcement, many tenants remain at risk.

The RCP’s warning serves as a stark reminder that damp and mould are not merely housing issues, but a growing public health crisis. Without urgent legislative reform and robust enforcement, the scale of the problem is unlikely to improve in 2024 and beyond.

What Are My Rights If I Have Mould in My Rented Property

If you discover damp and mould in your rented property, you have clear legal rights. While some minor steps can help reduce moisture, landlords are responsible for fixing the underlying causes of mould and damp.

Steps You Can Take to Reduce Damp and Mould

In some cases, simple remedial action may help slow the spread of mould. This can include:

  • Opening windows to improve ventilation
  • Covering pans while cooking
  • Keeping internal doors open where possible
  • Closing the bathroom door when showering
  • Wiping condensation down from windows each morning

You may also find the UK Centre for Moisture in Buildings online tool helpful for additional guidance on managing moisture levels.

However, these steps alone are often not enough to resolve serious damp or mould problems. If mould persists, you must inform your landlord as soon as possible.

Your Landlord's Legal Responsibilities

Once notified, your landlord must inspect the property and identify the cause of the damp and mould. If the issue is serious, they are required to act promptly.

Depending on the cause, your landlord may need to carry out repairs such as:

  • Structural repairs or damp proofing
  • Fixing leaking pipes or faulty plumbing
  • Improving ventilation systems
  • Repairing boilers or heating systems
  • Addressing drainage problems
  • Replacing rotten windows or damaged roof tiles
  • Removing damp wallpaper or repairing internal surfaces

Failing to carry out these repairs may place your landlord in breach of their legal duties.

What to Do If Your Landlord Does Not Act

If your landlord fails to take appropriate action, you should contact your local authority’s Environmental Health department. They have the power to inspect your home and order your landlord to carry out repairs.

Tenants in social housing may also be entitled to an independent inspection by a specialist surveyor. You should receive a copy of any inspection report.

If the problem still remains unresolved, it is important to speak to an experienced Housing Disrepair Solicitor. Legal action can help force repairs and allow you to claim compensation for the period you have lived in unsafe conditions.

Wrapping Up

Despite increased awareness, damp and mould in social housing remain a serious and ongoing issue in the UK. Without stronger enforcement, many tenants continue to live in unhealthy conditions.

If your home is affected by damp and mould, you should not ignore it. Speaking to a Housing Disrepair Solicitor can help protect your health and ensure your landlord meets their obligations. You do not have to deal with damp and mould problems alone.

How NJS Law Can Help With Damp and Mould Repairs

NJS Law is one of the few housing disrepair solicitors in England and Wales with a dedicated team focused on resolving damp and mould claims.

We can help you by:

  • Instructing a fully qualified surveyor to assess the disrepair and provide expert evidence
  • Taking legal action to ensure your council or housing association completes all necessary repairs
  • Claiming compensation for the time your property has been in disrepair

At NJS Law, we are housing disrepair claim experts, acting for tenants nationwide on a No Win No Fee basis. Our aim is to secure repairs quickly wile recovering the compensation you deserve.

With decades of combined experience, our team is supportive, understanding, and committed to guiding you through every step of your claim.

Call or email NJS Law today to discuss your damp and mould housing disrepair claim.

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM FOR REPAIRS AND COMPENSATION

Average Compensation - £1,895
We work on a NO WIN NO FEE basis
to get your home put right and to get you compensated!

Ask NJS Law

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

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