Mould-Infested Home Leads to 30 Hospital Visits

A 23-year-old woman has taken her two children to hospital over 30 times in just two years of living in a council property managed by Midlands-based housing association, PA Housing.

According to Shannon Kemp, her children’s health has worsened, and they have been physically injured due to PA Housing’s failure to deal with persistent mould and other disrepair in their home.

Worsening health conditions

Mould, damp and fungus can cause a range of health conditions, particularly affecting vulnerable groups such as older people, children and those with pre-existing health conditions. Since moving into her council property in Forest Fields, Shannon and her two children have lived with peeling plaster, a constant musty smell, mouldy possessions and damp.

Her son, two, has been in hospital 30 times with a suspected thyroid condition, whilst her daughter, who has a collapsed lung, has been at least seven times. Shannon herself has suffered from headaches, as she fears the mouldy environment may be making the clot on her brain worse.

Although PA Housing visited the property several times, attempting to deal with the mould issue and replace brickwork, the problems persist. As their attempts failed, PA Housing told Shannon that the issue was not household mould and therefore “not their problem.”

The situation has left Shannon with limited options. Speaking on her situation, she said, "It makes me feel depressed. I don't want to get out of bed in the morning. Even my two-year-old boy knows. He keeps telling me, 'Mummy, there's mould there, mummy, that's a mouldy room'. He shouldn't know that at the age of two.”

Landlords have a legal duty to tenants

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.

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 hazards in their homes, such as mould and damp, water damage, and structural defects.

Awaab’s Law

Awaab's Law is legislation passed in 2023 as part of the Social Housing (Regulation) Act 2023. It is named after Awaab Ishak, a two- year- old boy who tragically died of mould exposure in social housing in December 2020.

In the years following two-year-old Awaab Ishak’s death, 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.

Thanks to the passing of Awaab's Law, social housing tenants will have more protection from unsafe and unhealthy living conditions amidst rising complaints.

The Law will come into effect in October 2025 and will be gradually phased 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

Since hearing Shannon’s story, a spokesperson for PA Housing has issued an apology and assured that PA Housing “take reports of damp and mould, and all repair requests, extremely seriously.” PA Housing has since promised to help Shannon address the worsening mould problem, acknowledging that more needs to be done.

If a social housing provider has failed to provide a safe and habitable environment, then 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. Tenants may also be able to claim compensation for stress, damage or damage to their belongings caused by unresolved repairs.

Premier Legal Assist are on hand to help

If you are living in disrepair, such as mould, broken heating, electrical faults, infestations or structural issues, and your landlord has refused to act, or has not acted within a reasonable timeframe, you may be entitled to make a claim for 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.