Housing disrepair case study: a shared owner of a housing association flat who secured £8,000, enforceable repair obligations and major remedial works after years of damp, mould, a long-term decant and a landlord who breached the settlement
Case Study Overview: A Complex Long Leaseholder Damp and Mould Claim
A long leaseholder and her family have finally been able to return to their home after a prolonged housing disrepair dispute involving serious damp and mould, investigation of structural defects, court proceedings, a lengthy decant and further action when the landlord failed to comply with the terms of an agreed settlement.
The case demonstrates that housing disrepair claims involving long leaseholders and shared owners can be considerably more complex than ordinary tenancy claims. Responsibility for repairs may depend upon the wording of the lease, the location and cause of the defect and whether the problem arises from parts of the building retained by the landlord or freeholder.
In this case, resolving the claim required persistence over a number of years. Obtaining compensation was only part of the objective. The priority throughout was to identify the underlying cause of the problems, ensure that substantial remedial works were carried out and ultimately enable the client and her family to return to a safe and properly repaired home.
If you are a leaseholder or shared owner dealing with damp, mould or structural defects, find out more about how MJV Solicitors can help with leasehold disrepair claims.
For related information, please read: Can a Leaseholder Claim Compensation for Disrepair?
Long Leaseholder Reported Serious Damp and Mould Throughout Her Home
Our client was a shared owner of a two-bedroom lower-ground-floor flat within a larger residential building. She owned a share of the long leasehold interest, while the housing association remained both the landlord under the lease and the owner of the building’s freehold. The problems affecting the property were extensive. Damp and black mould developed on external-facing walls within the living room, kitchen and both bedrooms. Mould also affected areas around windows and within kitchen cupboards. The client had repeatedly reported the problems to her landlord, but the underlying cause was not adequately resolved.
This was significant because the claim was not simply about cleaning visible mould. The central question was why moisture was entering or accumulating within the property and whether the cause arose from parts of the building for which the landlord was responsible under the lease.
Expert Evidence Identified Ventilation Problems and Possible Building Defects
An independent building surveyor was instructed to investigate the conditions within the property.
The surveyor found significant problems with the property’s mechanical ventilation system. The ventilation system was not drawing air properly, and humidity levels within the flat were extremely high. Those conditions were contributing to mould growth throughout the property.
The expert recommended that the ventilation system be properly tested and commissioned and that the affected areas be treated and redecorated. However, there remained concerns that the ventilation problem did not fully explain what was happening. The landlord’s own inspection also identified substantial mould affecting the external-facing walls and raised concerns about damp-proofing at basement level.
Because of the nature of the problem, a specialist structural engineer was subsequently instructed.
For related information, read Can My Landlord Blame Condensation for Damp and Mould? A Complete Guide for Tenants.
Structural Investigation Suggested Major Waterproofing and Drainage Works Could Be Required
The structural evidence significantly changed the complexion of the claim. Rather than this being a relatively straightforward mould treatment case, the expert considered whether water was entering or affecting the building at or below ground level. The potential remedial works included significant external waterproofing and drainage measures designed to prevent water accumulating against the structure and migrating into the building.
The estimated cost of those structural works was around £25,000.
This illustrates why, in damp and mould claims, it is so important to investigate the cause rather than repeatedly treat the symptoms. Mould washes and redecoration may temporarily improve the appearance of a property, but they will not resolve a structural moisture problem. For our client, the expert evidence provided an important basis for arguing that the landlord needed to address the building itself rather than simply carrying out cosmetic works inside the flat.
Damp and Mould Had a Significant Impact on the Family
The conditions had a substantial effect on the client and her family. The client lived at the property with her partner and children. The family had repeatedly tried to manage the damp and mould, but the problems continued. The landlord subsequently arranged temporary accommodation.
It is important to be clear that the housing disrepair proceedings did not determine that the conditions at the property caused the child’s medical problems. However, the situation understandably increased the family’s concerns about remaining in the property. The temporary accommodation itself created further difficulties. The family were moved between hotels, some of which were unsuitable for a family with young children to occupy for a prolonged period. At one stage, the accommodation arrangements meant the client’s partner returned to the property while the client remained with the children, separating the family.
After several months, the disruption became increasingly difficult, particularly with a child needing to return to school, and the family eventually returned to the property despite their continuing concerns.
For related information, read How Does Housing Disrepair Affect Your Health and What Can You Do?
Court Proceedings Were Required to Force Progress
The landlord disputed significant parts of the claim. Proceedings were therefore issued in the County Court seeking damages and an order requiring the landlord to comply with its repairing obligations under the lease. The case became heavily contested.
The landlord disputed responsibility for some of the defects and challenged whether the repairs fell within its obligations under the long lease. Questions were also raised about when notice of the defects had been provided and whether the problems were structural. This is a common difficulty in long leaseholder housing disrepair claims.
Unlike many assured tenancy claims, responsibility cannot simply be determined by looking at section 11 of the Landlord and Tenant Act 1985. The terms of the lease must be considered carefully to identify which parts of the building are the landlord’s responsibility and which parts fall to the leaseholder.
In this case, the landlord’s repairing covenant included responsibility for structural parts of the building and external walls. The expert evidence therefore became particularly important.
The First Settlement: £8,000 Damages and Binding Repair Obligations
After lengthy litigation, the parties eventually reached an agreement in July 2024. The landlord agreed to pay our client £8,000 in settlement of the damages claim together with her legal costs.
Importantly, however, the agreement did considerably more than simply provide compensation.
The landlord was required to undertake further investigations into the external walls and any other necessary areas of the building. It was then required to provide the resulting reports, prepare a detailed schedule of works and complete all necessary remedial works. The agreement imposed specific deadlines.
The investigations and schedule of works were to be completed by January 2025, with the substantive works required to be completed by July 2025.
The settlement therefore provided the client with something extremely important: legally enforceable obligations designed to ensure that the underlying property problems were actually resolved.
Landlord Failed to Comply with the Housing Disrepair Settlement
Unfortunately, the settlement did not bring the dispute to an end. The landlord failed to provide the required schedule of works within the agreed period. This was a serious concern because the schedule was necessary to identify precisely what works the landlord intended to undertake and to allow the client to ensure that those works complied with the settlement.
MJV Solicitors therefore took further action. In March 2025, we sent a new Letter of Claim alleging breach of the settlement agreement. The landlord was reminded that it had entered into binding obligations and that the client would pursue further damages and costs if delays in carrying out the agreed works continued. This stage of the case is particularly important.
A housing disrepair settlement is only valuable if its terms are actually implemented. If a landlord agrees to complete repairs and then fails to comply, tenants and leaseholders should not assume nothing further can be done. Depending upon the terms of the settlement, enforcement proceedings or a separate claim for breach may be available.
For related information, please read: What Happens If My Landlord Won’t Do Repairs? Your Rights Explained.
Long-Term Decant Required While Substantial Repairs Were Completed
Ultimately, the scale of the remedial works meant that the client and her family could not remain at the property while they were undertaken. A long-term decant was required. The family therefore had to leave their home while the landlord carried out the substantial works necessary to address the underlying problems. Although this was disruptive, it was also an important step towards finally achieving what the claim had always sought: a permanent resolution of the disrepair rather than further temporary treatments. The works were eventually completed.
Further Compensation Agreed After Breach of Settlement
The client also pursued a further claim arising from the landlord’s failure to comply with the original settlement timetable. That claim ultimately resulted in an additional settlement. By that stage, the substantive works had finally been completed and arrangements were made for the client and her family to return to their home. The additional compensation was separate from the £8,000 originally recovered in the housing disrepair proceedings.
Client and Family Finally Return to Their Repaired Home
After several years of reports, investigations, expert evidence, litigation, temporary accommodation, settlement and further action for breach of that settlement, the client and her family have now returned home. That is the most important outcome of the case.
Housing disrepair claims are sometimes presented simply in terms of the amount of compensation recovered. Compensation matters, particularly when someone has lived with serious disrepair for a long time. But for many clients the principal objective is more fundamental. They want the problem fixed.
In this case, achieving that result required sustained legal pressure over several years. Proceedings were necessary to obtain an enforceable settlement, and further action was then required when the landlord failed to comply with the agreement. The works were eventually completed, and the family were able to return to their repaired home.
What This Case Shows About Long Leaseholder Housing Disrepair Claims
This case demonstrates several important points for long leaseholders and shared owners experiencing serious property defects. A long leaseholder can potentially bring a housing conditions claim where the cause of the problem falls within the landlord or freeholder’s repairing obligations under the lease. The cause of damp and mould should also be properly investigated. Repeated mould treatments may not resolve problems arising from defective ventilation, waterproofing, drainage or structural defects.
Expert evidence can therefore be crucial, particularly where substantial building works may be required.
The case also illustrates why the wording of any settlement agreement matters. Where repairs form part of a settlement, clear deadlines and clearly defined obligations can provide an important enforcement mechanism if the landlord subsequently fails to act.
Most importantly, the case demonstrates that persistence can be necessary. The first settlement did not immediately resolve the problem. Further legal action was needed before the agreed works were ultimately completed. The end result was nevertheless significant: substantial compensation, major repairs to the property and the client’s family finally able to return home.
Need Help with a Leaseholder Damp or Mould Claim?
If you are a leaseholder dealing with persistent damp, roof leaks or water ingress that your freeholder or landlord has failed to properly investigate or repair, MJV Solicitors can help.
Our specialist leasehold disrepair solicitors can investigate responsibility for the defects, help obtain appropriate expert evidence and pursue repairs and compensation where repairing obligations have not been met.
Whether your case involves defective balconies, external walls, drainage systems or persistent leaks, we can assess your case, explain your legal options and help you move your claim forward.
Contact us today on 01253 858231 or email claims@mjvlaw.co.uk for straightforward, effective legal support.
Read More of Our Successful Leasehold Disrepair Claims
- Leaseholder Secures £6,650 Compensation and Repairs After Years of Roof Leaks
- Leaseholders Secure Compensation After Years of Heating Failures and Roof Leaks
- Leaseholder Wins £11,150 Compensation After Decade of Roof Leaks and Freeholder Inaction
- Long Leaseholder Secures £5000 After Repeated Disrepair Issues
- Leaseholder Secures £9,000 After Prolonged Leak from Upper Balcony
- Leaseholder Wins £7,900 Compensation for Damp and Water Ingress Caused by Freeholder’s Failure to Repair
- Leaseholder Wins £16,800 Compensation Over Damp, Leaks, and Failed Repairs
Related Leasehold and Housing Disrepair Guides
You may also find these guides helpful:
- Can My Landlord Blame Condensation for Damp and Mould? A Complete Guide for Tenants
- Can a Leaseholder Claim Compensation for Disrepair?
- What Repairs Are Landlords Legally Responsible For?
- What Happens If My Landlord Won’t Do Repairs? Your Rights Explained
- What Makes a Property Unfit for Human Habitation?
- 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?
Frequently Asked Questions About Long Leaseholder Housing Disrepair Claims
Can a leaseholder bring a housing disrepair claim against a housing association?
Potentially, yes. Much will depend upon the terms of the lease and the cause and location of the defect. A landlord may be responsible for structural parts of the building, roofs, external walls, common parts, drainage systems or other retained areas.
Can a shared owner make a housing disrepair claim?
Yes, in appropriate circumstances. Shared ownership properties are normally held under long leases. The lease should be reviewed carefully to establish the respective repairing responsibilities of the shared owner and landlord.
Who is responsible for structural damp in a leasehold flat?
Responsibility depends upon the lease and the cause of the damp. Where damp results from defective external walls, structural waterproofing, drainage or other parts of the building retained by the landlord, the landlord may be responsible.
Can a landlord just carry out mould washes?
A mould wash may form part of appropriate remedial works, but it will not resolve an underlying structural or ventilation defect. Where mould repeatedly returns, the underlying cause should be properly investigated.
Can a leaseholder be temporarily moved while housing repairs are completed?
Yes. Where extensive works cannot safely or reasonably be completed while a property remains occupied, a temporary move or decant may be necessary.
What happens if a landlord agrees to complete repairs but does not do them?
The available options depend upon the terms of the settlement. It may be possible to enforce a court order or settlement agreement or pursue a further claim arising from the landlord’s breach.
Can compensation be claimed as well as repairs?
Yes. Housing conditions claims frequently seek both damages for the period during which the client has endured the disrepair and an order or agreement requiring the landlord to complete the necessary works.
Why is expert evidence important in damp and mould claims?
An independent surveyor can help establish whether damp and mould are caused by condensation, defective ventilation, leaks, structural defects, waterproofing failures or other building problems. More specialist expert evidence may sometimes be necessary where structural or engineering issues are suspected.
