Until now it has been extremely difficult to substantiate a claim for personal injury as a result of housing disrepair conditions in your home, but all that is about to change (subject to conditions and limitations) thanks to the new Housing Disrepair Pre-action Protocol which came into force on the 6th April 2015.
We have caught sight of the new Protocol, despite it still not being available on the www.justice.gov.uk website and note that para 3.5 of the new Protocol states,
“If the personal injury claim is of a minor nature and will only be evidenced by a General Practitioner’s letter, it is not necessary to follow the Personal Injury protocol.”
So where an individual has medical conditions which are a result of or exacerbated by conditions within his/her property, so long as this can be proved by a General Practitioner’s letter, then a claim for compensation in respect of medical conditions may be brought under a housing disrepair claim.
A lot of our clients suffer from breathing difficulties, chest infections, asthma and even bronchitis, after moving into damp and mould affected properties. On the other hand, some client’s pre-existing asthma has been significantly worsened by living in such substandard conditions. There is ample evidence to confirm that mould produces allergens, irritants and somtimes toxic substances . Inhaling or touching mould spores can cause sneezing, runny noses, red eyes, skin rash, asthma attacks and other lung conditions for which they seek to be compensated for.
That being said, whilst it is vague as to what conditions can be validly confirmed by your GP alone, one thing is for sure, where diagnosis is beyond a GP’s realm, tenants will still have to go down the separate personal injury claim route.