Rising damp - £2,200 Compensation for bronchial illness

A couple who rented the ground floor flat in an old property started to develop health problems with the onset of winter, as a result of rising damp.

Both the husband and the wife developed chest infections and respiratory problems, but the wife suffered particularly as she was asthmatic.

The couple noticed mould growing up the walls and approached Bartletts solicitors in Chester to see whether their illness might have been caused by the damp living conditions.

In investigating a personal injury claim such as this, we arranged for a surveyor to inspect the property. He carried out damp test readings and established clearly that there was rising damp coming up through the floors and walls.

Having established that this was the cause of the dampness (rather than just poor ventilation) we were able to obtain medical reports which established that the respiratory illnesses were caused by the fungal spores produced by the mould.

A landlord has a duty under the Landlord and Tenant Act to maintain rental properties to a reasonable standard and not endanger the health of the tenants. Sadly there are still rogue landlords such as this one, who initially refused to accept liability for the damage to the health of his tenants.

Bartletts issued court proceedings against the landlord on behalf of the couple and successfully obtained £2,200 in compensation for the illness caused.

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