My Flat Has Had Damp and Mould for Years — What Can I Claim?
Based on: Dezitter v Hammersmith and Fulham Homes (Central London County Court, 2023)
The Scenario
A secure tenant since 2010 suffered years of cracks, damp, mould, faulty windows, and boiler problems. Repeated complaints were ignored.
The Conversation
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The Correct Legal Position
- •Under s.11 Landlord and Tenant Act 1985, landlords must keep the structure, exterior, and installations in repair.
- •Under the Homes (Fitness for Human Habitation) Act 2018, landlords must ensure the dwelling is fit for human habitation.
- •Damages are typically a percentage of rent reflecting diminution in value; 100% of rent may be awarded where the property is unfit.
- •Courts can order specific performance requiring completion of repairs within a set timeframe.
What the Court Decided
The court awarded total general damages of £48,786.32 plus a 10% uplift, plus £1,000 special damages. Specific performance was ordered requiring repairs within 70 days.
Important: This case study is for educational purposes only. Case Buddy provides legal information, not legal advice. Every situation is different — for advice specific to your circumstances, consult a qualified solicitor. Free advice is available from Shelter (housing), ACAS (employment), and StepChange (debt).
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