Couple Forced to Leave Mould-Infested Council House

A couple living in Thorpe on the Hill has been forced to leave their mould-infested council property after four years of failed council repairs. 

The mould growth was caused by a flood in the downstairs section of their property, covering their belongings to the point of destroying furniture and appliances. 

The mould grew so bad that the couple "lived in the bedroom for four years". At that time, they took their clothes to the laundrette and ate mainly take-out food while battling recurring chest infections. 

Council patch-up jobs 

Despite worsening living conditions in the Thorpe on the Hill council property, Mrs Town says "nothing was done to address it". Instead of getting to the root cause of the damp and mould, it is alleged that the family’s landlord, Leeds City Council remedied the issue by painting over the problem and sent plasterers to the property five times. Each time, damp would eventually seep through the plaster and the problem would return. 

Rights for Social Housing Tenants 

Since initial reports, a spokesperson for Leeds City Council has insisted that Mr and Mrs Town’s property “remained habitable during the tenancy” with “repairs carried out on several occasions in an attempt to resolve the issue.”  

Under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018, tenants have the right to live in a property that is fit for human habitation at the beginning of their tenancy and throughout. This requires private and social landlords to act on complaints within a reasonable timeframe once reported. 

A landlord failing to act within a reasonable timeframe may cause tenants serious health and safety risks. The Social Housing (Regulation) Act, passed in 2023, increased regulations on social landlords designed to protect tenants from serious harm due to disrepair and home hazards, such as mould and damp, water damage, and structural defects. 

Awaab’s Law 

Adding to landlord's responsibilities, Awaab's Law, which will come into effect in October 2025, will provide increased protection for those in council-owned properties dealing with mould exposure and unsafe living conditions. 

Awaab's Law was passed in 2023 as part of the Social Housing (Regulation) Act 2023. It is named after Awaab Ishak, a two- year- old boy who lost his life due to mould exposure while living in social housing in December 2020. 

Since this tragic event, local authorities, social housing providers and management companies have come under increasing social and legal pressure to respond to complaints in a suitable amount of time and to offer better solutions that get to the root cause of issues for their tenants. 

The Law will be gradually phased in over the next two years. In the meantime, landlords are urged to get ready for the changes. 

Landlords and tenants should be aware of the following milestones: 

• October 2025: Landlords must address damp and mould hazards in a fixed timescale and perform emergency repairs, including those linked to damp and mould, within 24 hours. 
• 2026: Initial requirements will be extended to include other serious hazards, such as excess cold and heat, structural issues, fire, electrical problems, and hygiene hazards. 
• 2027: The Law will be extended to include all remaining hazards defined by the Housing Health and Safety Rating System (HHSRS), excluding overcrowding. 

Raising a complaint with the Housing Ombudsman 

While Leeds City Council maintain that the property “remained habitable during the tenancy”, they have also acknowledged that “unfortunately the root cause of the issue was not addressed.” If the root cause had failed to be addressed, Leeds City Council had failed to provide a safe environment.  

In this situation, tenants can contact the Housing Ombudsman service (HOS) or seek legal advice for a housing disrepair claim. 

HOS is an independent and impartial public body that can action long-overdue complaints relating to tenant and landlord disputes. With a 73% uphold rate of complaints that result in maladministration, many HOS judgements find that the landlord has failed a legal, policy or process requirement. 

Premier Legal Assist are on hand to help 

If you are living with disrepair, such as mould, broken heating, electrical faults, infestations or structural issues, and your landlord has not taken the appropriate measures to keep you safe, or has not acted within a reasonable timeframe following reported complaints, you may be entitled to claim repairs and, in some cases, compensation.   

Premier Legal Assist can connect you with a team of specialist housing disrepair lawyers who operate on a 'no-win, no-fee' basis. Our panel of specialist lawyers has years of experience dealing with local councils and housing associations across the UK. 

To find out if you are eligible to make a 'no-win, no-fee' claim, complete our short form, and a team member will be in touch.