Elderly client unable to use her shower or bath wins against Arun District Council on the basis that her home was unfit

Seventy-one-year-old social housing tenant Mrs M, from West Sussex, couldn’t use the shower in her home for six years as her advancing disability meant she could not step into the bath.

The concept of not being able to adequately wash oneself is, you would hope, hard to believe. However, whilst living in her house in West Sussex, Mrs M had spent six years washing herself either in her sink or at a friend’s house.

“I can’t lift myself into the bathtub,” Mrs M said in her witness statement. “I am simply not strong enough to do so.”

Her landlord, Arun District Council, had been aware of this for several years at the point when Mrs M first contacted us at Pabla & Pabla Solicitors.

They were aware that Mrs M could not use her shower as occupational therapists from social services had performed an assessment.

However, their method to resolve was to try to force Mrs M to request means tested improvements, so that she would have to financially contribute to any changes made to her bathroom.

Despite Mrs M paying her rent on time in her house for thirteen years, Arun District Council did not consider that the state of her physical health could change. Even after social services recommended modifications to the shower, Mrs M still doubted whether she would ever be able to wash herself in her own home.

That’s when she decided to take matters into her own hands and instructed us at Pabla & Pabla to assist her with making the necessary changes.

The amendments made to the Landlord and Tenant Act 1985 by the Homes (Fitness for Human Habitation) Act 2018 states that your landlord needs to make sure that your home is “fit for human habitation”. This can include a lack of natural light, serious damp problems, and not enough ventilation, amongst other issues.

The Act is a subjective test, stating that landlords must make appropriate modifications to meet the needs of that specific tenant, rather than the average tenant. For Mrs M, the shower was clearly not fit for purpose given her mobility issues which had worsened over the period of her tenancy.

Whilst it seems that it was a no brainer to fight for Mrs M against Arun District Council, this is a new area of law, so there were risks in terms of the definition of unfitness, and whether the remedy her landlord offered was enough. Partner, Christian Potter, worked thoroughly on the case, to give Mrs M the best chance of success as possible. 

Thankfully, Arun District Council eventually agreed with the stance we took with the claim, and settled the claim for compensation. More importantly, a new wet room was installed in Mrs M’s home. Although delighted with the money, she felt relieved that she would be able to shower once again in her own home.

At Pabla & Pabla, we believe that every tenant deserves to live in a home that’s fit for them. That’s why we continue our work to make sure homes in England and Wales are safe, healthy, and free from hazard.