Family wins back £20,000 after living in home riddled with mould for eight years – are you owed compensation?

A FAMILY living in South London has won £20,000 after living in a home riddled with mould for eight years. 

The Housing Ombudsman awarded £20,000 to the Lewisham family after finding evidence of significant failings by their landlord Lewisham Council. 

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The family were left living in appalling conditions including mould on the children’s mattress and the baby’s cot bed.

The Ombudsman report said: “Evidence from the children’s school also indicated the living conditions affected their attendance.”

The children’s attendance dropped to below 70% in a year due to recurring coughs, colds and infections.

The Ombudsman has said that Lewisham Council failed to provide sufficient evidence to demonstrate it took steps to investigate the root cause of the damp and mould in the family home. 

Instead, the council accused the family of causing the problem due to their lifestyle. 

Lewisham Council suggested a yearly mould wash was enough to deal with the severe problem eight years after the family first reported a leak.

The resident was awarded significant compensation of £20,000 by the Ombudsman and the council’s chief executive was instructed to write a letter of apology.

Councillor Will Cooper, cabinet member for housing management and homelessness, said: “We took the decision to close our arm’s-length management organisation, Lewisham Homes, in October 2023 with the overwhelming support of our residents. “

“The purpose was to provide a more joined-up service and maintain closer control. There are technical reasons behind the failures highlighted in these reports, but the fact is they also represent weeks, months or more of stress and frustration for ordinary people requesting basic services, which simply isn’t good enough.”

“ I am working closely with the new Housing Services leadership team to make sure the systems we are putting in place will prevent such cases in the future.”

What to do if you are living in a similar situation?

If you’re privately renting and your landlord refuses to fix problems, you should report them to the council.

But if you’re a social tenant, you should complain to the Housing Ombudsman.

The Housing Ombudsman makes the final decision on disputes between residents and member landlords.

Membership is compulsory for social landlords – primarily local authority landlords and housing associations.

However, some private landlords are voluntary members.

Its decisions are independent and impartial and the service is free to use.

You could get compensation if your landlord fails to carry out repair work within a reasonable time.

How much compensation can you get?

How much compensation you get for housing disrepair depends on your circumstances and how bad the problem is.

It is usually calculated as a percentage of the rent you paid while living in the conditions.

But you could get thousands of pounds in compensation.

Your renters rights explained

Social Housing landlords must fix a repair within a set timescale.

This does vary from landlord to landlord, but most repairs fall into the following categories:

• Emergency – to be seen within a few hours.
• Urgent – a maximum of three to five days
• Routine – this can be a bit longer and usually varies between landlords

For example, a minor leak would be expected to be seen within three days, while a major leak within a few hours.

It’s up to landlords to be clear with residents about these timescales, so they can be held accountable if they aren’t met.

If you are a private renter you can take legal action against your landlord under the Fitness for Human Habitation Act.

Courts can grant an injunction forcing the landlord to carry out works or award compensation to the renter.

But you will have to pay for court fees unless you’re entitled to free legal aid.

If you win your case, you might also get some of your costs back.

Alternatively, you may get a payout by complaining to the Housing Ombudsman.

Renters can also complain to a redress scheme if they rent privately through a letting agent, but only if the agent contributed to the dispute.

Different rules are in place for renters in Scotland and Northern Ireland. Visit Citizens Advice Scotland and Northern Ireland Direct for more information.

How to complain to the Housing Ombudsman

Before filing a complaint with the Housing Ombudsman, you must first let your landlord know that something is wrong.

If you are unhappy with how your landlord responds to the issue you can make a formal complaint.

Your landlord should respond to a formal complaint in writing.

If you don’t get a response to the formal complaint, you can send the ombudsman a copy of the letter, and the Ombudsman then has the power to order a response from the landlord.

If you are unhappy after completing all stages of the landlord’s formal complaint procedure, you can refer your complaint to the Ombudsman.

Once the complaint has been received, it will be reviewed and assessed.

But if you want the complaint to be investigated, you must send it within 12 months of the landlord’s final response.

Once the issue has been investigated, the ombudsman will issue its findings – known as a determination.

This process varies on a case-by-case basis.

Any compensation is outlined in the determination, but this will vary depending on the circumstances of each case.

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This post first appeared on thesun.co.uk