Elderly client beats Mosscare over damp and mould issues

For an elderly woman living by themselves, seeking redress for ongoing repairs can be difficult. Fortunately for Mrs D, her daughter was on hand to help her with emails and calls to a Housing Disrepair solicitor. Mrs D was empowered to bring a legal claim against Mosscare St Vincents Housing, a social housing provider, and tackle the ongoing disrepair in her home of forty-four years.

For a vulnerable elderly woman living on her own, a home in good repair is non-negotiable. Unfortunately for Mrs D, living in Manchester, her ground floor flat had become riddled with mould, especially in the bathroom.

Her landlord, Mosscare, had sent contractors out to inspect the sorry state of Mrs D’s home, but no substantial works had been done. The plasterwork in the bathroom had been completely ruined because of damp and mould. “I’m worried the bathroom ceiling will collapse” Mrs D said in despair. In the kitchen, the old cupboard units were starting to peel. Mrs D had lived in the flat for 44 years and the kitchen units had never been changed!

After engaging with Mosscare’s internal complaints procedure, her home remained in appalling disrepair and there were still no solutions in sight. Mrs D had no choice but to seek legal advice. With the support of her younger daughter, she sought out Pabla & Pabla.

Fee earner, Louis Jackson, worked diligently on Mrs D’s claim. After a letter of claim was sent out to Mosscare, an independent surveyor attended the flat.

They found that the dampness and mould in the bathroom was due to penetrating damage from the outer leaf of masonry. This was due to organic matter that was building up on top of the drainage hopper. Also, the downpipe immediately beneath the hopper had a leak. Because of these issues, organic matter like moss had started to grow on the masonry. All the external damage had spread into the bathroom.

The surveyor also found that the kitchen was in a dilapidated condition due to long-term wear and tear. New cupboards, at the very least, were recommended.

Initially, Mosscare offered less than £300 in compensation to Mrs D. Despite this, Mrs D had been in hospital over that Christmas period. Due to breathing difficulties, no doubt worsened by the state of damp and mould in her home, she spent over two weeks in intensive care.

After negotiating with Mosscare, Louis Jackson managed to reach a settlement of £1,000 worth of damage compensation. More importantly, a schedule of works to bring the flat into repair was arranged.

At Pabla & Pabla, we continue to fight for tenants living in disrepair. We will continue for elderly tenants like Mrs D and their unshakable right to live in a safe and secure home.