Longstanding Housing Disrepair Problems in an Islington Council Property
This housing disrepair claim concerned a tenant living in a maisonette property owned by Islington Council at Iberia House, Honsey Lane, London. The tenant experienced a wide range of serious defects over many years, including persistent leaks, damp, mould growth, structural cracking, defective kitchen units, pest issues and security concerns relating to a defective patio door.
The matter became particularly contentious because, despite repeated complaints dating back many years, the landlord initially failed to properly engage with the claim process and later sought to argue that there was effectively no actionable claim at all. Proceedings ultimately had to be issued before the matter moved towards resolution.
Once MJV Solicitors were instructed, we gathered the evidence, secured an independent expert report, issued proceedings at Clerkenwell and Shoreditch County Court and drove the case to settlement. The tenant secured £6,500 in damages, payment of legal costs and a binding commitment from Islington Council to complete the works identified in the expert’s schedule of repairs.
The case demonstrates the importance of persistence, strategic litigation and experienced housing disrepair representation when landlords refuse to engage constructively.
For related information, please read these guides:
- What Landlords Must Repair in Council or Social Housing
- How to Gather Evidence for a Housing Disrepair Claim
- What Makes a Property Unfit for Human Habitation?
Tenant Reported Defects to Islington Council Over a Number of Years
The tenant had allegedly been reporting defects to the landlord since approximately 2014. The Letter of Claim detailed repeated complaints regarding a leaking kitchen sink which had allegedly never been properly secured into the worktop, resulting in ongoing water escape into the kitchen base units and surrounding areas. The tenant stated that contractors repeatedly applied sealant over several years without addressing the underlying defect.
The claim also included reports of:
- Damp and water damage affecting the hallway ceiling following a leak from the bathroom above;
- Significant cracking and loose plasterwork affecting the toilet wall;
- Black mould growth within the bathroom;
- Defective patio doors which could not be locked properly;
- Pest infestations including mice and silverfish allegedly linked to dampness and disrepair conditions;
- Damage to kitchen units caused by repeated water ingress.
Despite repeated reports and some limited repair attempts, the tenant alleged that the defects continued for years without any lasting resolution.
Landlord Attempted to Minimise or Deny Responsibility
One of the significant features of this case was the landlord’s response to the complaints. According to the Letter of Claim, the tenant was at one stage informed that repairs to cracking within the property would not be undertaken because the landlord alleged the damage had been caused by the tenant’s son slamming a door.
There were also repeated temporary or inadequate repairs over several years rather than comprehensive remedial works. For example, the kitchen sink was repeatedly resealed instead of being properly refitted and secured. The tenant alleged that this allowed water damage to continue affecting the kitchen units and surrounding areas for a prolonged period.
As the matter progressed, the landlord’s position became increasingly difficult and proceedings were ultimately issued through Clerkenwell and Shoreditch County Court after the dispute could not be resolved pre-action.
Court Proceedings Were Necessary After the Claim Was Not Properly Addressed
The claim was formally issued in January 2024 in the County Court at Clerkenwell and Shoreditch.
This was a significant turning point in the case. By this stage, extensive evidence had already been gathered, and the tenant’s allegations had been supported by expert inspection evidence. The commencement of court proceedings placed the landlord under formal litigation obligations and materially increased the pressure to properly engage with the claim.
Cases of this nature often require experienced litigation strategy because some landlords may initially attempt to delay matters, minimise defects or dispute liability entirely. In this matter, persistence and careful preparation proved critical.
Independent Expert Evidence Supported the Tenant’s Claim
Independent expert evidence was obtained from Simon Redfearn of Redfearn Experts Ltd following an inspection of the property.
The expert identified numerous defects and concluded that the landlord had failed to fulfil its repairing obligations under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018.
The findings included:
- Water damage and deterioration to kitchen base units caused by long-term leakage from the sink area;
- Dampness and staining to hallway ceilings following water escape from the bathroom above;
- Significant cracking and loose blockwork to the WC wall;
- Black mould growth within the bathroom linked to cold bridging and condensation;
- Defective patio doors presenting security concerns;
- Loose and damaged plasterwork;
- Failed sealant around bathroom windows allowing draughts and possible water ingress.
The report included photographic evidence documenting the deterioration throughout the property, including mould growth, damaged units, water staining and structural cracking.
Importantly, the expert expressly concluded that the landlord had not fulfilled its repairing obligations.
Islington Council Ultimately Agreed Settlement Terms
Following the issue of proceedings and continued litigation pressure, the matter eventually settled.
Islington Council agreed to pay damages of £6,500 together with the tenant’s reasonable legal costs and agreed to complete the works identified within the expert’s schedule of repairs.
The settlement terms also required the repair works to be completed within a specified timeframe, subject to access arrangements.
Why This Housing Disrepair Case Matters
This case demonstrates an issue frequently encountered in housing disrepair litigation: landlords sometimes initially fail to engage properly with legitimate complaints, dispute the seriousness of defects, or seek to avoid liability altogether.
In these situations, tenants often require experienced legal representation capable of:
- Gathering and preserving evidence;
- Identifying historic notice and repair failures;
- Obtaining robust expert evidence;
- Applying procedural pressure through the courts where necessary;
- Maintaining strategic pressure throughout litigation negotiations.
The matter also highlights that successful outcomes are often achieved not simply because defects exist, but because claims are carefully prepared and pursued with persistence when landlords refuse to engage voluntarily.
Although the landlord initially resisted the claim and proceedings became necessary, the tenant ultimately secured compensation, legal costs and an agreement for remedial works through determined litigation and expert evidence.
Need Help with Housing Disrepair?
If you are living with damp, mould, drainage issues, defective bathrooms or any form of disrepair and your landlord is not taking action, we can help you in the same straightforward, effective way.
To speak with a member of our housing disrepair team about how we can help or to find out more about our services:
- Call 01253 858231
- Email us at info@mjvlaw.co.uk
- Complete our enquiry form
Why Clients Trust MJV Solicitors
We take a no-nonsense approach. We cut through delays, gather the right evidence quickly and drive cases to settlement, even where councils and social landlords deny responsibility outright. Our clients value the fact that we stay focused on results: getting repairs completed, securing compensation and moving cases forward with determination and clarity.
Read about some of our other successful disrepair claims, and how we helped:
- Housing Association Leak Claim – How Mediation Secured a Long-Term Solution
- Council Found in Contempt of Court After Failing to Complete Housing Disrepair Works Ordered by the Court
- Tenant Wins £3,000 After Local Authority Ignores Court Proceedings
- Tenant Wins £4,500 Compensation After Decade of Damp, Leaks and Failed Repairs
- Long-Term Leak Resolved with Compensation and Repairs
- Family Wins £10,500 Compensation After Years of Damp, Mould and Failed Repairs
Useful Guides for Tenants:
- How Much is a Housing Disrepair Claim Worth in England?
- Why Damp and Mould Claims Are Increasing in England
- Damp and Mould in Social Housing: Who is Responsible?
- What is Housing Disrepair? A Guide for Council and Housing Association Tenants
- How to Gather Evidence for a Housing Disrepair Claim
- How Does Housing Disrepair Affect Your Health and What Can You Do?
- What Makes a Property Unfit for Human Habitation?
Frequently Asked Questions
Yes. Local authorities and councils owe repairing obligations to tenants under the Landlord and Tenant Act 1985 and may also owe duties under the Homes (Fitness for Human Habitation) Act 2018.
If landlords fail to carry out repairs within a reasonable time after receiving notice of defects, tenants may be entitled to pursue court proceedings seeking repairs, compensation and legal costs.
Yes. Many housing disrepair claims involve disputed liability or arguments about notice, causation or responsibility. Independent expert evidence and documented complaint history are often crucial in resolving disputes.
Independent surveyors can identify the causes of defects, assess whether landlords breached repairing obligations and provide evidence regarding required remedial works and hazards within the property.
Yes. Many claims settle after proceedings are issued once the landlord fully considers the evidence and litigation risk. Court proceedings are often an important step in forcing meaningful engagement with the claim.
