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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71132
Experience:  Over 5 years in practice
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I was renting a property where by the landlord also owned

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Hi, i was renting a property where by the landlord also owned a small plastic tube making factory in front of the house. Before we moved in we asked if there were any toxic fumes from the factory adn were informed by the letting gent that they had not had any complainst as such. However once we moved in it became apparent that the fumes were toxic and impacted drastically upon those living in the house we were renting. the windows could not be opened for the fumes came straight in and i could not allow my 2 year old twins to play outside. We asked the landlord about the fumes and they informed me that it was "a bit smelly" at the time but this was not everyday and it was of no harm to myself or my children. I was not satisfied with this answer and involved the Environmental agency whom came to investigate in person after my keeping a log book of the fumes over a 2 week period. The environmental agency issued warnings and the landlord did not respond. So with no changes, for the health and safety of my children we had to move properties as soon as possible (we'd only been there 3 months) and sell £6000 worth of furniture and white goods that we purchased specifically for this property that would not fit into the house we were forced to move into. The cost of the move and the stress has been huge. I am a single Mother with my twins and we have no family in the area to assist us during the move. The owners of the factory eventually changed to a new extractor fan system that met the current guidlines as the previous extractor system did not but this was only after the Environmental Agency had threatened with the business being shut down unless they made changes. So my question is do we have a case for claiming compensation as the lanlord and factory were both negligent for not informing us in the first place of the health and safety hazard by not having the correct extractors whilst we lived there. Regards, ***** *****
Thank you for your question. My name is ***** ***** I will try to help with this.
What specific loss did you suffer ?
Customer: replied 2 years ago.

Hi Jo,

The main loss was from having to sell all our white goods and half our furnitureas I was so concerned for our health with the toxic fumes surrounding our house that i had no option but to move asap and the the only property available nearby was much smaller and half furnished which meant selling all the other good in 1 month. We are also having to move 6 months down the track to find a more appropriate house.

So the cost of not just one but 2 house moves including the van hire and the childcare taken out to allow us to move.

The stress it caused me durign our stay there and after has been really chronic on my health and well being.

I am sorry but it is bad news.
Proceeding on the basis that they were negligent you only have a claim for your specific losses consequent upon their negligence.
The sale of white goods is too remote from the breach of either duty or contract and so not claimable I'm afraid.
The transportation costs are more direct but they could argue you would have incurred them anyway. They are not liable for your childcare arrangements.
Stress is not a head of compensation in the UK.
If you have suffered actual attainable personal injury then there is a claim arising from that but there would need to be medical evidence to support it.
It might be worth asking if you have suffered personal injury. Depend on the level of injury it might be that a no win no fee solicitor would consider it.
Can I clarify anything for you?
Customer: replied 2 years ago.

Thank you Jo.

I did think this would be the case.

Kind Regards, Emma.

No problem and all the best.
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