Case Study Overview: A Council-Arranged Home Left in Disrepair
MJV Solicitors secured £5,000 compensation and an agreement for essential repairs on behalf of a tenant living in a council-arranged property affected by extensive damp, mould, water leaks and damaged ceilings.
The claim was brought against the London Borough of Brent, which initially denied responsibility for the repairs because it did not own the property. Following court proceedings, the council agreed to compensate our client, complete the repairs identified by our independent expert and pay his legal costs.
Years of Damp and Mould Throughout the Family Home
Our client had lived in a three-bedroom property in Greenford with his two children since April 2019. The accommodation had been provided through the London Borough of Brent under its housing responsibilities.
Shortly after moving in, he began experiencing damp and mould throughout the property. The problems affected the living room, hallway, kitchen, bathroom and bedrooms. Our client repeatedly reported the problems, but they remained unresolved. He described walls becoming wet, mould returning despite his attempts to clean it and damage to the internal decorations.
There was also a significant crack in the ceiling of his daughter’s bedroom, which caused concern about the safety of the plasterwork. The situation deteriorated further in November 2023 when the toilet began leaking. Water entered the kitchen below, damaging the ceiling and affecting the family’s ability to use the room.
Our client reported that he and his children had been forced to use friends’ toilets and that the kitchen had become unsuitable for preparing meals. He was spending money on takeaway food because of the conditions. The disrepair also affected the family’s enjoyment of their home. They felt embarrassed about inviting visitors, and our client described the stress of repeatedly reporting problems without securing lasting repairs.
For related information, please read: How Does Housing Disrepair Affect Your Health and What Can You Do?
Independent Surveyor Identifies Extensive Repairs
MJV Solicitors instructed an independent surveyor who inspected the property in January 2024. The inspection identified damp and mould affecting several rooms. The surveyor attributed the mould to inadequate moisture extraction, including the absence of an extractor fan in the kitchen and a defective bathroom extractor fan.
He also found cracked and loose plaster on the children’s bedroom ceiling, which presented a risk of falling onto the bed below. In the bathroom, the surveyor identified a leaking toilet, damaged flooring, cracked tiles and defective ventilation.
The water leak had also damaged the kitchen ceiling, where the plasterboard had bowed. The upstairs hallway carpet had been damaged by water and was obstructing the opening of a door. The surveyor recommended a programme of repairs including the installation of suitable extractor fans, mould treatment, ceiling repairs, remedial plumbing works, replacement flooring and internal redecoration.
The necessary works were valued at approximately £3,480.
Council Denies Responsibility Because It Does Not Own the Property
One of the most significant features of this case was the council’s position on responsibility for repairs. Although the London Borough of Brent had provided the accommodation to our client and was the party with whom he had entered into his housing agreement, it did not own the property.
The council argued that responsibility for carrying out repairs rested with the private property owner. In March 2024, the council’s solicitor explained that the owner would need to agree to the works and any compensation. The council requested additional time to obtain instructions. We challenged that approach and continued to pursue the claim against the council.
The distinction was important. A landlord cannot necessarily avoid its legal obligations to an occupier simply because it leases the property from another owner. Responsibility depends on the nature of the occupation agreement, the relevant contractual terms and the applicable statutory obligations. The council maintained its position, and the matter could not be resolved through the pre-action process.
For related information, please read: What Happens If My Landlord Won’t Do Repairs? Your Rights Explained.
MJV Solicitors Issues Court Proceedings Against the Council
In July 2024, MJV Solicitors issued proceedings in Uxbridge County Court seeking damages and an order requiring the outstanding repairs to be completed.
The council filed a Defence maintaining that it was not the freeholder and that the property owner was responsible for the repairs. Our client provided witness evidence describing the conditions he and his family had endured, the numerous reports he had made and the effect of the disrepair on their daily lives. He explained that the damp and mould had affected several rooms, the kitchen had been damaged by wastewater leaking from above, and the family had experienced considerable inconvenience and distress. We continued to pursue the claim notwithstanding the council’s denial of responsibility.
The Outcome for Our Client: £5,000 Compensation and Repairs Agreed
In February 2025, the parties reached a settlement recorded in a consent order. Under the agreement, the London Borough of Brent agreed to pay our client £5,000 in full and final settlement of his damages claim.
The council also agreed to complete the repairs identified in Harpal Degun’s expert report within three months of the order, subject to our client providing access on reasonable notice. Importantly, the council agreed to pay our client’s legal costs on the standard basis, to be assessed if not agreed.
The settlement provided for the council to deduct any outstanding rent arrears from the compensation before paying the balance. Any such deduction had to be evidenced. The proceedings were stayed on the agreed terms, with both parties retaining the right to apply to the court to enforce the settlement without commencing a fresh claim. This secured compensation for our client together with an enforceable agreement for the outstanding repairs.
Why This Housing Disrepair Case Matters
This case demonstrates that responsibility for housing disrepair is not always determined by who owns the property. Local authorities frequently arrange accommodation through private landlords, leasing arrangements and temporary housing schemes. Where a council provides accommodation under such arrangements, its legal obligations to the occupier must be considered carefully.
In this case, the council argued that the private owner was responsible for the repairs. Nevertheless, following proceedings, it agreed to pay £5,000 in compensation, undertake the necessary repairs and meet our client’s legal costs. The case also highlights the importance of independent expert evidence. The surveyor identified the underlying defects, explained their causes and provided a clear schedule of the works required.
Housing Disrepair Solicitors for Council and Temporary Accommodation Tenants
MJV Solicitors represents tenants experiencing damp, mould, water leaks, defective plumbing, damaged ceilings and other housing conditions that landlords have failed to address. In this case, our client had experienced years of disrepair and faced a council which denied responsibility because it did not own the property.
We pursued court proceedings and secured £5,000 compensation, an enforceable agreement for repairs and payment of our client’s legal costs. If you are living in council-arranged accommodation, temporary accommodation or a rented property affected by disrepair, we can assess your circumstances and advise whether you may have a claim.
Read More of Our Successful Housing Disrepair Claims
- Tenant Wins £6,250 After Mould Washes and Condensation Excuses Failed to Fix Damp
- Housing Disrepair Claim Resolved Following Landlord Intervention – Damp, Mould and Roof Leaks Without Expert Evidence
- 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
Need Help with Housing Disrepair?
If you are living with damp, mould, leaks or any form of disrepair and your landlord is not taking action, we can help you in the same straightforward, effective way
Get in Touch Now for a Free Case Assessment
- Call us on 01253 858231
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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?
