Previous examples of successful housing disrepair claims

Armes v Wheel Property Co Ltd

£15,701 awarded

• The Claimant tenant had rented a two bed flat for 30 years and latest rent £191 per week
• A number of water leaks had been reported to the landlord and there was dampness to walls and floors in the living room, kitchen, bathroom and one of the bedrooms for many years
• Experts agreed that the property suffered from disrepair caused by penetrating/ rising dampness and agreed a schedule of remedial works
• The judge awarded general damages of £15,701 (6 years x 30 per cent rental liability reduction and special damages of £2,460

Clark v Affinity Sutton Homes Ltd

£11,200.46 awarded

• Claimant was the tenant of a one-bedroom flat and brought a claim alleging damp penetration. The Defendant had carried out remedial works but without resolving the issue
• Expert evidence found water penetration to the bathroom with condensation dampness and mould growth to the living room, bedroom and kitchen and it was found that the damp problems had been caused by a defective damp proof course
• The claimant suffered from poor health. He had had chronic obstructive pulmonary disease since 2006, rheumatoid arthritis since 2007 and also had bladder cancer
• The judge awarded total damages of £11,200.46

Whittingdon v Uddin

Over £10,000 awarded

• Private tenant claimed against the landlord alleging 3 years of disrepair, breach of quiet enjoyment and harassment. The Claimant alleged the premises suffered from defective windows throughout, water penetration in the bedroom, internal leaks in the kitchen and WC, and some external disrepair. The landlord failed to carry out any repairs despite repeated complaints
• Damages over £10,000 were awarded

Lawrence v Lambeth LBC

£12,500 awarded

• Claimant alleged that the windows at the premises were in poor condition with four windows rotten allowing water ingress and with mould growth around them. Patch repairs to the windows were carried out by the landlord. The central heating was defective for several years. The claimant could only use the heating and hot water together and was unable to use the services independently of each other
• There were issues with the central heating system not working properly, an intermittent leak under the sink and from behind the toilet. The premises were infested with mice for around four years, possibly coming from underneath the floorboards
• The tenant suffered from constitutional asthma and recurrent bronchitis, which had been exacerbated by the cold and damp conditions at the premises, and was admitted to hospital with shortness of breath on two occasions and thereafter experienced symptoms of central chest pain, poor respiratory function and nocturnal coughing
• The claim settled within a few weeks of the trial date and the tenant received damages of £12,500