can i sue my council for mould in my place

blckbrd

neas wrote: »

just hand in your notice to your landlord (council) tell them you are no longer satifised with the service they are providing and the house and that you ar not tied to it.

OP doesn't state if he's a secure tenant but I wouldn't recommend giving up a secure tenancy for an AST. The former affords much more protection under the law.

David_Aldred

Hi,
As has been said you can sue anyone but whether you can win your case is another matter entirely. Local Authority Landlords have differing liabilities to private landlords and when you say the 'council' is the landlord is this truly the council or a private Housing Association that bought up previously council owned properties? Although landlords are usually liable for consequences of disrepair as far as I am aware there is no civil liabilty for dampness which is a result of poor design of the building and even the fitness for human habitation does have its limits of lability.

In the case of Quick v Taff-Ely Borough Council (1985) dampness, fungus and mould growth made the flat unfit for human habitation and the tenant's furniture, carpets, curtains and decorations were ruined by damp.

The decision of the court was: "Although the Landlord was under an implied statutory obligation to repair the structure and exterior of the premises, it was not liable for the tenant's loss, nor could it be compelled to remedy the defect. This was because the design defect did not constitute disrepair for which it was responsible under its implied obligation".

This has been used as a precedent in many other cases and upheld. All is not lost however and there have been claims made under The Human Rights Act, Statutory Nuisance and action under the Housing Act although if I remember rightly the local authority cannot serve notice upon itself.

Significant exposure to household moulds which are always in the air but only viable from around 74% humidity shows them to be causative agents in the development of asthma (particularly childhood asthma), dust allergies (mould forms a significant part of household dust) and seasonal hay fever. Moulds also contain toxins which when breathed in over a long period of time can result in a kind of poisoning. Fungal colonies produce gases known as ‘volatiles’ which are musty or have mildew odours that can cause symptoms ranging from headaches to nausea and fatigue.

Hope these general comments help, specific cases may well vary. Kindest regards, David Aldred independent damp and timber surveyor.

Blacksheep1979

yes you can sue your council, you won't win but the story should give all of us a good read.