Across Cornwall, a growing number of tenants are reporting serious issues with damp and mould in council properties. These conditions not only create an uncomfortable living environment but also pose significant health risks. If you are living in a council home that is affected by these issues, it is important to understand the potential dangers, your legal rights, and the steps you can take to secure compensation for any health problems or damages incurred.
In this guide, we explore your legal options for pursuing compensation and how National Claims can assist in connecting you with experienced solicitors to help with your case.
Health Risks of Mould and Damp in Homes
Mould and damp are more than just unsightly problems—they pose serious health risks. According to the NHS, prolonged exposure to damp and mould can cause:
- Respiratory problems, including asthma
- Skin irritations
- Allergic reactions, such as sneezing and red eyes
- Increased risk of infections for individuals with compromised immune systems
These health risks underscore the importance of living in a safe and well-maintained environment. Local authorities, including Cornwall Council, have a legal obligation to address complaints and ensure properties meet habitable living standards.
Your Legal Rights as a Council Tenant
Under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018, landlords (including councils) are required to maintain properties in a safe and habitable condition. If a property suffers from mould or damp due to structural issues, inadequate ventilation, or poor maintenance, tenants have the right to demand repairs and seek compensation if their health or personal property has been damaged.
Key responsibilities of landlords include:
- Fixing leaks and resolving structural problems causing damp
- Maintaining proper ventilation in the property
- Ensuring the property is free from serious disrepair that affects health or safety
If Cornwall Council fails to address these issues after being notified, tenants can take legal action.
How to File a Complaint with Cornwall Council
If you experience mould or damp in your council property, follow these steps:
- Report the Issue: Contact Cornwall Council’s housing department to report the problem. Keep records of your communications, including emails and phone calls.
- Document the Evidence: Take photos of the mould and damp areas, and keep a diary of health problems or property damage caused by the issue.
- Allow Access for Inspection: Provide access to council inspectors or maintenance staff to assess the situation and carry out repairs.
- Keep Copies: Maintain copies of all correspondence and evidence for potential legal claims.
When to Consider Legal Action
If Cornwall Council fails to resolve the mould and damp issue within a reasonable timeframe, or if their actions have not adequately addressed the problem, you may be entitled to compensation.
Grounds for making a compensation claim include:
- Health problems caused by mould exposure
- Damage to personal belongings due to damp
- Mental distress and disruption to your quality of life
- Out-of-pocket expenses for repairs or temporary accommodation
How Much Compensation Can You Claim?
The amount of compensation you can claim varies depending on the severity of the issue and its impact on your life. On average, tenants may receive compensation ranging from a few hundred pounds to several thousand. Factors that affect the amount include:
- Duration of the issue
- Health consequences
- Property damage
An experienced solicitor can provide an accurate assessment of your potential compensation.
How National Claims Can Help
Navigating the legal maze of housing disrepair claims—especially when you’re battling persistent mould and damp issues in your council home—can feel overwhelming. At National Claims, we recognise that securing justice against Cornwall Council for failing to maintain a safe, habitable property involves complex paperwork, stringent deadlines, and a need for robust evidence. That’s why we’re committed to connecting you with experienced solicitors who specialise in housing disrepair cases.
Our partner solicitors will:
- Assess your case and determine its strength
- Help you gather the necessary evidence
- Handle all legal correspondence with Cornwall Council
- Negotiate a fair compensation settlement
Most importantly, they work on a no-win, no-fee basis, meaning you don’t have to worry about upfront legal costs.
Recent Developments in Cornwall
According to reports from the Falmouth Packet, numerous complaints have been filed against Cornwall Council regarding mould and damp issues. These reports highlight ongoing challenges in ensuring habitable housing conditions for tenants.
Such revelations underscore the need for tenants to know their rights and seek legal assistance when necessary.
Take Action Today
If you are living in a Cornwall Council property affected by mould or damp, don’t suffer in silence. You have the right to a safe and healthy living environment. Take the first step by reporting the issue and seeking legal advice if necessary.
Contact National Claims today, and we will put you in touch with an expert solicitor who can guide you through the claims process.📞 Call us now free 0800 029 3849 or 📩 Submit an online enquiry to speak to our team. Your safety and well-being matter, and we’re here to help.
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