This case study is based on a real housing disrepair claim conducted by MJV Solicitors. To protect client confidentiality, identifying details have been changed or omitted. Every housing disrepair claim depends on its own facts, evidence and applicable law.
Case Study Overview: When Repeated Mould Washes and a Condensation Excuse Are Not Enough
Tenants living with damp and mould are often told the problem is simply condensation, and that repeated mould washes and better ventilation will resolve it. As this case shows, that approach rarely works where the true cause is structural, and a landlord cannot avoid liability by treating the symptoms while leaving the underlying defects in place.
MJV Solicitors acted for a tenant of a London local authority living in a three-bedroom maisonette with a large family. Widespread damp and black mould affected almost every room, and despite years of complaints, the landlord repeatedly attributed the problem to condensation and carried out little more than mould washes. Even after some works were eventually undertaken, they were incomplete and poorly executed, and the defects returned.
The claim settled shortly before trial under a Tomlin Order, securing £6,250 in compensation, an enforceable obligation to complete the outstanding repairs within 90 days, and payment of the tenant’s legal costs.
If your landlord has failed to properly repair damp and mould in your home, find out more about how MJV Solicitors can help with housing disrepair claims.
Years of Damp and Mould Despite Repeated Reports
Our client was a tenant of a London local authority living in a three-bedroom maisonette with a large family. Not long after moving into the property, she began experiencing widespread damp and black mould affecting numerous rooms. Over time the problems spread throughout the home and became progressively worse despite repeated complaints to the landlord.
The defects included damp and mould affecting the living room, three bedrooms, bathroom, downstairs WC and kitchen. Windows were deteriorating, plaster was cracking, decorations were damaged, and condensation continued to develop throughout the property.
The Landlord Repeatedly Attended but Failed to Solve the Underlying Problem
The tenant maintained that she had been reporting the issues for many years.
Disclosure showed that the landlord had inspected the property on numerous occasions and had repeatedly attributed the problems to condensation. It arranged mould washes and provided advice about ventilation and reducing moisture within the home. It also proposed installing extractor fans and carrying out certain works.
However, despite these interventions, the mould continually returned.
This is an issue frequently encountered in housing disrepair claims. Simply removing visible mould does not necessarily address the underlying cause if structural defects, inadequate ventilation, cold bridging or defective windows remain.
For related information, please read: Can My Landlord Blame Condensation for Damp and Mould? A Complete Guide for Tenants.
MJV Solicitors Commenced Formal Legal Proceedings
After years of unsuccessful complaints, our client instructed MJV Solicitors.
We served a detailed Letter of Claim under the Housing Conditions Pre-Action Protocol, alleging breaches of:
- Section 11 Landlord and Tenant Act 1985
- Sections 9A and 10 Landlord and Tenant Act 1985 (Homes (Fitness for Human Habitation))
- Section 4 Defective Premises Act 1972
- Common law duties
The Letter of Claim set out the history of notice, the defects affecting the property, the health and safety risks created by damp and mould and sought disclosure together with expert evidence.
Independent Expert Evidence Identified Widespread Defects
MJV Solicitors instructed an independent housing disrepair expert to inspect the property.
The expert identified extensive damp and mould together with numerous defects requiring repair throughout the property.
Among the recommendations were:
- replacement of defective window components
- installation of new extractor fans
- installation of trickle vents
- replacement UPVC panels
- thermal boarding to external walls
- repairs to damaged plaster
- mould treatment
- redecoration
- repairs to unstable windows
- replacement of damaged timber components
- repairs within the kitchen and bathroom
The expert concluded that the defects breached the landlord’s repairing obligations and assessed the necessary remedial works at approximately £4,365 plus VAT.
The Landlord Carried Out Some Repairs—But Important Work Remained Outstanding
Following commencement of the claim, the landlord eventually began carrying out works.
However, many of those works were incomplete.
The tenant explained that although mould washes had been undertaken and one window pane replaced, the mould quickly returned and many of the underlying defects remained unresolved. She also complained that plastering works were poorly executed and amounted to little more than cosmetic repairs.
This illustrates an important point. In housing disrepair litigation, landlords often begin carrying out repairs after receiving a Letter of Claim or once proceedings have been issued. While this is welcome, the quality and completeness of those repairs remain critical.
A repair is not necessarily adequate simply because work has been attempted.
Proceedings Were Issued in the County Court
Because the claim was not resolved during the Protocol stage, proceedings were issued in the County Court. The claim proceeded in Wandsworth County Court as a litigated housing disrepair claim. During the litigation, witness evidence was prepared together with expert evidence addressing both the original defects and the landlord’s subsequent repair works.
A Post-Works Inspection Revealed Poor Workmanship
Following the landlord’s repair programme, our expert carried out a further inspection. The results were significant. Although some repairs had been attempted, numerous defects remained.
The expert found examples including:
- poor quality workmanship
- unfinished repairs
- mould returning to several rooms
- defective plastering
- failed thermal boarding installation
- continued movement around windows
- rotten timber remaining
- extractor fan works still outstanding
- further mould formation
The expert concluded that further remedial works valued at approximately £4,365 plus VAT were still required to bring the property into proper repair.
The Outcome for Our Client: £6,250 Damages and Enforceable Repairs Under a Tomlin Order
Rather than proceeding to a final trial, the parties reached settlement.
Under a Tomlin Order:
- the tenant received £6,250 in damages;
- the landlord agreed to complete the outstanding repairs identified within the post-inspection expert report within 90 days;
- the landlord agreed to pay the claimant’s legal costs, subject to detailed assessment if not agreed.
The settlement ensured that the client obtained both financial compensation and enforceable obligations requiring completion of the necessary repair works.
Why This Housing Disrepair Case Matters
This claim highlights several issues that arise repeatedly in housing disrepair litigation.
First, repeated mould washes alone are rarely sufficient if the underlying cause of damp and mould is not addressed.
Secondly, landlords cannot simply undertake cosmetic repairs where structural defects remain unresolved.
Thirdly, expert evidence frequently plays a decisive role in identifying both the true causes of damp and mould and whether repair works have actually been completed to an acceptable standard.
Finally, issuing court proceedings often leads to meaningful progress where years of complaints have achieved little.
What Tenants Should Learn from This Case
If you are experiencing damp and mould, this case demonstrates several practical lessons:
- Continue reporting the problems.
- Take photographs.
- Keep copies of correspondence.
- Allow reasonable access for inspections.
- If repairs are carried out, continue recording whether the defects genuinely disappear or whether they simply return a few weeks later.
- Many successful housing disrepair claims involve defects that landlords have attempted—but failed—to repair properly.
Speak To MJV Solicitors About Your Housing Disrepair Claim
If your landlord has failed to repair damp, mould, leaks, defective windows, structural defects or other serious disrepair, MJV Solicitors may be able to help.
Our specialist housing disrepair solicitors act for tenants throughout England and Wales. We investigate claims thoroughly, obtain independent expert evidence where appropriate and pursue both the repairs you are entitled to and compensation for the period you have been forced to live with unacceptable conditions.
Whether your landlord is a local authority, housing association or other social landlord, we can advise you on whether you have a potential housing disrepair claim and guide you through every stage of the process.
Get in Touch Now for a Free Case Assessment
- Call us on 01253 858231
- Visit our website for more information about how to start your claim for Housing Disrepair
Housing Disrepair Case Studies
Read about some of our other successful disrepair claims, and how we helped:
- Tenant Secures Compensation After Years of Rat Infestation, Damp and Drainage Problems
- 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?
