Housing Disrepair and Housing Related Disease Claims

There is an increasing trend in housing disrepair claims linked to health conditions particularly respiratory and dermatological diseases highlighting the critical relationship between adequate housing standards and health. A housing disrepair claim can be made against a landlord if a tenant’s health has been harmed by the condition of their rental property.

Potentially claims can be brought for the following conditions –

1. Respiratory issues. - Damp and mould can cause breathing problems such as asthma, bronchitis, pneumonia and wheezing.

2. Skin irritation - Mould can cause skin irritation.

3. Mental Health Issues – The stress and inconvenience of living in a disrepaired property can negatively impact mental health.

4. Asbestos related diseases – Older houses may have asbestos which can cause illness.

Condensation and damp in homes can lead to mould growth and inhaling mould spores which may lead to the above respiratory conditions. A combination of older housing stock and poor ventilation can lead to damp and mould occurring and this is why a documented system of inspection will be crucial to landlords when faced with these types of claims.

A tenant pursuing a housing disrepair claim will require clear evidence linking their health condition to the state of the property such as medical records, expert reports and photographic documentation.

Landlords must demonstrate that they took reasonable steps to mitigate risks including regular inspections and prompt repairs. The landlord and their solicitors will also investigate causation and whether there any pre existing conditions such as a history of that medical condition which pre dated a tenant moving into the property or if there are any alternative causes for the alleged condition.

Private and social landlords must adhere to a number of regulations related to damp and mould including the Housing Act 2004, Environmental Protection Act 1990, Homes (Fitness for Human Habitation) Act 2018, Landlord and Tenant Act 1985, Decent Homes Standard and Minimum Level of Efficiency Standard. Works to the heating and ventilation systems and replacement of windows are all controlled works and landlords must comply with the Building Regulations 2010.

The Decent Homes Standard is currently under review by the Government. This review will consider a number of changes including –

1. An updated list of items which must be kept in a reasonable state of repair for a home to be considered decent.

2. An updated list of services and facilities that every property must have to better reflect modern expectations for a decent home.

3. Whether the current Decent Homes Standard sets the right standard on damp and mould to keep residents safe.

4. Updates to how the condition of building components such as roofs and walls are measured to make sure that buildings which are not fit for use cannot pass the standard.

5. The introduction of a minimum Energy Safety Standard for the social rented sector.

It is clear that a landlords responsibilities will continue to evolve in this area and that disease claims will continue to be a growth area in housing disrepair claims.