A DAD is suing the local council for £20,000 – claiming fungus in his bathroom forces him to take his daughter to his mum’s to wash.
Tenant Anthony Gatenby, 44, claims the situation has got so bad his home is unfit for humans to live in – meaning he must take his three-year-old daughter three miles away to bathe.
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The dad drives his daughter from their home in Taylor Hill, Huddersfield, West Yorkshire to his parents’ house in Lowerhouses.
Mr Gatenby says the problem has dragged on for several years and is making him ill.
Although the fungus has now been removed from the bathroom, he says it is still present above the entrance to his property.
He says he is reluctant to use the light switch because of electrical safety fears.
In his claim which is being heard at Huddersfield County Court, it says: “I am the tenant since 2012 and my landlord has an obligation to keep my property in reasonable repair.
“In 2015 I reported that water was leaking through my bathroom ceiling.
“My bathroom was installed as a wet room for the previous tenant, and it was difficult to determine if the leak through my bathroom ceiling was resolved or not.
“During 2018 I phoned the council and raised there was damp and mould growth across my bathroom ceiling and in my entrance hallway.
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“I explained this was affecting mine and my family’s health. The council failed to respond, and I did not hear again.”
Mr Gatenby claims the council is “keen to blame” his next-door neighbour for the leak in his bathroom.
The next-door neighbour has said there is no evidence of a leak in his bathroom and Mr Gatenby in his formal legal submissions to the court says independent experts can find no sign that this is the case.
He writes: “Despite the evidence that (the neighbour) did not have a leak in his property, the council’s attempts to blame (the neighbour) were a desperate and shocking attempt to exonerate themselves.”
Councillor Cathy Scott, Cabinet Member for Housing and Democracy said: “With this matter listed for a court hearing, I cannot comment any further without compromising any outcome on the tenant’s case and the legal process.”
The legal action is set to resume next month.
It’s estimated that a staggering 1.9million rented households are living with hazards that pose a serious risk to tenants’ health and safety.
The Homes (Fitness for Human Habitation) Act came into force in March 2020 and means landlords must make sure their properties meet certain standards.
The rules mean landlords must carry out repairs or rectify problems, and if not renters will have the right to take them to court.
A court can grant an injunction forcing the landlord to carry out work or even award compensation to the tenant.
But you will have to stump up 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 you 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.
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