Social tenants sue over black mould damage

Thompsons Solicitors is taking on a significant legal battle on behalf of social housing tenants who are seeking damages due to prolonged exposure to black mould. Claire Campbell, a partner at the firm, is currently handling 81 cases, with more than 90 per cent of them involving tenants in housing association properties. Approximately one-third of these cases are residents of properties managed by Wheatley Homes Glasgow, which happens to be one of the largest social landlords in Scotland.

Black mould, a microfungus that thrives in damp conditions, was first linked to disease outbreaks in Russia back in the 1930s. This insidious growth poses serious health risks, including respiratory illnesses like asthma, skin conditions, headaches, and other complications. It often manifests as fuzzy green or black patches on walls, with its spores known to trigger asthma attacks and persistent coughing fits.

Campbell highlighted, “People are more conscious of the dangers of black mould nowadays, but unfortunately, there are many individuals currently living in such hazardous conditions due to reduced budgets. Housing associations often try to shift blame onto tenants by suggesting issues like ‘drying clothes inside’ or lack of heating. However, these factors alone should not lead to the severe cases we encounter, where entire walls are covered in mould.”

Thompsons Solicitors is representing cases involving adults whose asthma has worsened due to exposure to mould, as well as individuals experiencing skin conditions and sinus inflammation, among other health issues. Children are also impacted by these conditions, with Campbell noting, “I’ve observed cases involving very young children – even those born in the property – being diagnosed with asthma. In some instances, both our appointed experts and the client’s own doctors have warned housing associations about the risk of life-threatening asthma attacks, yet relocation efforts seem inadequate.”

Aisling Mylrea, the managing director of Wheatley Homes Glasgow, emphasised the organisation’s unwavering commitment to eradicating mould and dampness. She stated, “Out of our 44,000 social rent properties, only a minute fraction have reported any concerns to us. We are dedicated to ensuring every single tenant is entirely content with their living conditions. Any complaints regarding damp and mould are promptly addressed within two working days, with over 98.2% of cases resolved within 15 working days.”

According to a Scottish Government spokesperson, landlords for both social and private rented accommodations are mandated to maintain properties free from dampness, adequately ventilated, and suitably insulated. Social landlords, including local authorities, are obligated to meet the Scottish Housing Quality Standard and promptly address repair requests.

Sally Thomas, the chief executive of the Scottish Federation of Housing Associations (SFHA), revealed that data from the Scottish Housing Regulator indicates housing associations take an average of 7.9 working days to respond to non-emergency repairs, including damp and mould, with 88% of tenants expressing satisfaction with repair services. Thomas affirmed, “SFHA is committed to collaborating with partners and housing associations to swiftly and thoroughly address every instance of damp and mould, ensuring every individual has the right to reside in a safe, cosy, and affordable home.”

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