Housing Disrepair: Client Story – Defective Windows

Our client

The client’s property suffered damp and mould as a result of defective windows and water penetration. Despite notifying the housing association over six years, the issues remained unsolved.

An expert report demonstrated that the wallpaper in the hallway had de-bonded and that there was penetrating damp. The gutter and rainwater downpipe were also leaking with remedial works required including external pointing, rainwater system repairs, scaffold access, repair to the walls and decorating. 

Ideally, the windows needed to be double glazed but as the property is in a conservation area, it is not permitted. To resolve the issues of the condensation and mould, a secondary glazing system should be installed. The living room windows were also rotted and in need of replacing, and there was mould apparent on the windows in the master bedroom due to condensation.  

How Bond Turner helped 

Our expert report valued the cost of repairs at over £4,000, however the housing association’s inspection denied penetrating damp. They did accept that the windows were due for remedial work and should be repaired ahead of the renewal date. 

Liability was denied and the only works carried out by the landlord was to clean the mould from the window frames with a damp cloth and bleach.  

Submissions were made to the Court along with a witness statement from the client and the matter was listed for an Allocation Hearing with a trial date then secured.  

The landlord accepted that there was an issue and offered to investigate the viability of secondary glazing to the whole building. We received an offer to settle the night before the trial for damages and a provision to carry out works including an agreement to fix the windows. 

The main challenge with this case was the fact the property is a conservation area and double glazing was not permitted. As a compromise, our expert recommended secondary internal glazing to assist with the cold and damp that the client was suffering with. However, the landlord disagreed after initially admitting that the windows should be repaired and renewed, and nothing was done. This left the client without repairs for 12 months. There was never anything disclosed by the defendant about the property being in a conservation area and nor did the tenancy agreement refer to this, so the landlord was under obligation to repair the windows and frames. 

How Bond Turner could help you 

When making a claim against a landlord, it is important to remember that the primary role of our Housing Disrepair Team is to ensure that the home you live in is repaired as soon as possible. Your health and wellbeing is our main concern. 

To make an appointment with our legal team about a housing disrepair claim, please call 0151 236 3737 or email info@bondturner.com.