Housing Disrepair Claim Guide

Recent Developments In Tackling Damp And Mould In Social Housing

Following the tragic death of two year old Awaab Ishak, whose respiratory condition was exacerbated by damp and mould in his social housing flat, the Regulator of Social Housing (RSH) took formal action against registered social housing providers.

In response, the RSH issued letters reminding providers:

  • Of the serious health risks posed by damp and mould
  • That damp and mould are recognised hazards under the Housing Health and Safety Rating System (HHSRS)
  • That tenant concerns must be listened to and acted upon
  • That systems must be in place to identify and prevent hazardous damp and mould

Information Requested by the Regulator of Social Housing

The largest social housing providers were required to submit detailed information to the RSH by 19 December, including:

  • How damp and mould are measured and assessed, including recent inspection data
  • What remedial action is being taken to address hazards and meet the Decent Homes Standard
  • How individual damp and mould cases are identifiedmanagedand resolved quickly

All submissions had to be supported by robust and relevant data, reinforcing, the Regulator’s focus on accountability.

The Social Housing Report (July 2022)

In October 2022, the House of Commons Levelling Up, Housing and Communities Committee published its First Report of Session 2022-23The Regulation of Social Housing.

The Committee received 628 responses from tenants, covering issues such as:

  • Poor housing conditions
  • Delays in repairs
  • Lack of awareness of the Housing Ombudsman and complaint rights

Members also visited housing association sites and spoke directly with tenants.

Findings on Housing Disrepair and Damp and Mould

The Committee’s findings were stark. Evidence suggessted that some social housing had deteriorated to the point of being unfit for human habitation.

Conditions were described as:

“Horrendous”, “appalling”, “disgraceful”, and “criminal”.

Damp and mould featured heavily in the evidence. One case involved a mother and her two children living in a flat so affected by black mould that mushrooms were growing from the walls. All three developed breathing problems, yet the landlord failed to act for over two years.

Responses From the Regulator and Housing Ombudsman

In response, the Regulator of Social Housing acknowledged that such cases were “wholly unacceptable”, while maintaining they did not reflect the experience of most tenants.

The Regulator also agreed that stigma and discrimination concerns must be taken seriously and announced plans to consult on new consumer standards. These may include:

  • Greater tenant involvement
  • Tenant panels and engagement groups
  • Improved communication between landlords and residents 

The Housing Ombudsman supported recommendations to increase tenant awareness of complaint rights and access to redress.

What This Means for Tenants

While regulatory reform is progressing, change is often slow. Although the government has recently named and shamed several failing landlords, many tenants continue to live in unsafe homes.

The Social Housing (Regulation) Bill is expected to introduce:

  • Stronger enforcement powers
  • A proactive approach to consumer standards
  • Greater accountability for failing landlords

If you are living in a property affected by dampmouldor other disrepair, you do not need to wait for regulatory change to protect your rights.

How NJS Law Can Help With Damp and Mould Claims

NJS Law is one of the few housing disrepair solicitors operating across England and Wales with a dedicated legal team focused on tenant claims.

We can help you by:

  • Instructing a surveyor to asses disrepair and provide expert evidence
  • Legally compelling your council or housing association to carry out repairs
  • Claiming compensation for the time your home has been in disrepair

We act for tenants nationwide on a No Win No Fee basis, ensuring you can pursue your claim without financial risk.

Our experienced and compassionate team will support you at every stage of your Housing Disrepair Claim.

Call NJS Law on 0800 093 3393 today to discuss your case.

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