Housing Conditions Claim Case Study Overview: Years of Rat Infestation, Damp and Drainage Problems in Kent Home
MJV Solicitors acted for a tenant in a housing conditions claim against a housing association arising from severe and prolonged disrepair at a residential property in Kent. The claim concerned a long-standing rat infestation, damp caused by defective waste pipework, disrepair to external brickwork and doors, and failures to investigate or repair drainage defects despite repeated reports over several years.
The matter settled following expert evidence and negotiations, securing compensation and an agreement for remedial works.
The claimant occupied the property under a tenancy agreement and was entitled to live in a home that was maintained in repair and fit for human habitation. The landlord was responsible for the structure and exterior of the property, together with installations for sanitation, drainage and waste pursuant to section 11 of the Landlord and Tenant Act 1985, the Homes (Fitness for Human Habitation) Act 2018 and section 4 of the Defective Premises Act 1972
Years of Rat Infestation, Damp and Unresolved Disrepair
The tenant began experiencing problems at the property as early as 2018 when a rat infestation developed. Rodent droppings were present throughout the property, and maggots were observed emerging from the walls near the external door. These issues were reported repeatedly to the landlord over a number of years, including on numerous occasions by telephone and in person. No meaningful investigation or repair was undertaken.
In 2020, damp began to rise through the kitchen and bedroom walls and floors. The tenant believed this was caused by rats chewing through waste pipework, allowing water to escape beneath the property. The damp worsened over time, causing damage to internal finishes and creating unpleasant living conditions. The tenant continued to report the issues regularly, but no inspection or repair followed.
Further disrepair was identified to the external brickwork and door surrounds, particularly around the rear door where worn seals and defective masonry allowed heat loss and moisture ingress. An inspection eventually took place, during which the landlord’s contractor advised that a replacement door was required, yet no works were carried out and the defects remained unresolved.
The Landlord’s Repairing Obligations
The claim was pursued under the Pre-Action Protocol for Housing Conditions Claims (England). The landlord had been on notice of the defects for several years and had failed to carry out repairs within a reasonable time. The claim relied on breaches of section 11 of the Landlord and Tenant Act 1985, sections 9A and 10 of the same Act as amended by the Homes (Fitness for Human Habitation) Act 2018, section 4 of the Defective Premises Act 1972 and the common law
The tenant sought an order requiring the landlord to carry out the necessary repairs together with compensation for distress, inconvenience and loss of amenity caused by prolonged exposure to pests, damp and unsanitary conditions.
Expert Evidence Confirmed Damp, Drainage Defects and Rodent Access
An independent housing disrepair expert was instructed to inspect the property and prepare a report and Scott Schedule. The expert confirmed evidence of damp affecting internal walls and floors, consistent with defective waste pipework and drainage failures. The expert recommended renewal of waste pipework, sealing of all potential rodent access points, repairs to external brickwork, and installation of adequate ventilation.
A CCTV drainage survey was also obtained, which identified defects within the drainage system consistent with rodent ingress and leakage. The expert evidence supported the tenant’s long-standing reports and confirmed that the defects fell within the landlord’s statutory repairing obligations.
The Outcome for Our Client: Compensation and Remedial Works Agreed
Despite having been provided with the Letter of Claim and expert evidence, the landlord failed to engage meaningfully at an early stage. Following further correspondence and negotiation, the landlord made an offer to settle the housing conditions claim.
The settlement included:
- payment of damages to reflect the prolonged distress, inconvenience and loss of enjoyment suffered by the tenant,
- an agreement to carry out the remedial works identified by the expert,
- payment of the tenant’s legal costs
The matter settled without the need for contested court proceedings.
Why This Housing Conditions Claim Matters
This case demonstrates the serious impact that unresolved pest infestation, drainage defects and damp can have on tenants and their families. It highlights the importance of placing landlords on clear notice, obtaining expert evidence where defects are denied or ignored, and pursuing housing conditions claims where landlords fail to comply with their legal obligations.
MJV Solicitors regularly act for tenants in housing conditions claims involving damp and mould, pest infestation, drainage failures and long-term disrepair where landlords have failed to respond appropriately to repeated complaints.
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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. Where a pest infestation arises due to disrepair, defective drainage or structural defects for which the landlord is responsible, a housing conditions claim may be brought.
Yes. Landlords are responsible for installations for sanitation and drainage under section 11 of the Landlord and Tenant Act 1985 and related legislation.
If a landlord has been on notice of disrepair and fails to act within a reasonable time, a tenant may pursue a housing conditions claim and seek repairs, damages and costs.
Yes. Compensation may be awarded for distress, inconvenience and loss of enjoyment caused by prolonged disrepair and poor living conditions.
Expert evidence is often crucial, particularly where the cause of disrepair is disputed or where specialist investigations such as drainage surveys are required.
Yes. Many housing conditions claims settle following expert evidence and negotiation, without the need for a contested final hearing.
