I am currently living in council accomodation with my 8 month old son. Over literally the space of 2 weeks we have begun to experience an extremley bad damp problem and in the last 2 days it has started attacking my shoes and clothes which i thought were safe in my wardrobe and whats more disturbing is that it is now growing on the soft toys in my childs toybox. I was wondering if the council are under any obligation to move us, as the surveyor has been around to the house and said the problem is not able to be fixed only removed to occur again ( please see attatched letter- this was sent to my housing manager and environmental health-it explains the surveyors suggestions and gives reason as to why they were unacceptable and ridiculous). We are already on a waiting list to be moved as our current residence is a studio flat. My main concern is the risks to my son, he is very young and his immune system is still developing.

November 27, 2008 by Anonymous

Things sound pretty rough. The law is very much on your side, but unfortunately getting something done is not always so easy.

The council as your landlord are under a statutory duty to provide accommodation which is fit for occupation and does not present a health hazard. It would seem quite clear that the accommodation they are presently providing for you does not meet this and the other criteria in the Housing Act. Accordingly they are in breach of their statutory duty and it would be open to you to apply to the court for an order that they carry out
appropriate actions to comply with their obligations which would be likely to include moving you.

The problem with such a case is that councils try to escape their responsibilities by giving people the run-around and generally making things difficult. It is hopeless just speaking to them as they will make promises, pass you on to another department and say things are being dealt with. You must be very very definite. What is needed is a properly worded letter to them setting out their legal obligations and where they are in breach. You must require these breaches to be remedied within a reasonable time and advise that you will take appropriate action to enforce your rights through the courts if matters and not put right.