This case was a claim by tenants of a four-bedroom maisonette, on the basement and ground floor of a converted house. The claim was for damages for rising dampness that affected their home from October 2004 until mid- September 2009, when remedial works were eventually carried out.
The Court found that the council were liable for breach of its repairing obligations during this period. The damp was visible in defective plaster work and black mould growth in the bedroom, which felt cold and smelt.
As it was the basement which was affected an award was made of 30 % of the rent minus a six-week period (due to access not being provided), totalling £8,801.53, and special damages of £4,022.86.
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