Action Against a Landlord for Failure to Provide a Safe Environment!
Applebys were approached recently by a gentleman who had been living in private rented accommodation for approximately 13 months in the South of England. When he moved in, in the summer, a dehumidifier was present but he was told any damp issues had been dealt with. Later in the year it became clear significant damp was present including water running down the walls and windows! As a result a fungus occurred which spread small spores. Once inhaled these can cause health issues, especially for those who have a poor immune system.
The victim suffered from asthma and contracted re-occurring chest infections. Applebys had the victim examined by a specialist in this area and the fungus in the premises was identified and it was confirmed that the victim had contracted aspergillosis which can affect the lungs and sinuses. Indeed, some invasive forms of this can be fatal.
The damp was reported to the landlord but he failed to take any action. The victim reported the damp to the council and subsequently a Category 1 Hazard was issued allowing work to start to make good repairs. The landlord did not start any work whilst the victim was still living there and the council moved the victim out of the house for his own health.
Applebys took action against the landlord and they have admitted a breach of statutory duty and /or negligence resulting from their failure to provide a safe environment.
The full extent of the victim’s illness is yet to be determined, however, in cases involving illnesses contracted in these types of circumstances awards can include general damages for pain, suffering and loss of amenity, and this could include no longer being able to undertake sporting activities or pastimes. Payment can also include special damages for, for example, loss of earnings, medical treatment, expenses incurred, care costs and so on. In some cases this can amount to awards of tens of thousands of pounds or a large six figure sum in the more severe cases.