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JGM, Solicitor
Category: Law
Satisfied Customers: 12076
Experience:  30 years as a practising solicitor.
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Please can anyone help me?? I have black toxic mould in my

Customer Question

Please can anyone help me??
I have black toxic mould in my home which is causing serious health issues for me, my partner and my two children who are both under 2.
My partner has a constant sever headache and has been vomitting blood. He has also had chest pains and needs a lung xray. I have headaches, fatigue, depression and stomach aches. My two children both have coughs. Th doctor is currently looking into it for us but i am scared to go back to the house.
I have had the mould tested which came up positive for two types of toxic mould (aspergillus and penicillium).
My landlord refuses to do anything and has said all they will do is wipe it off.
I have spoken to a mould expert who says it is toxic and this is the worst thing they can do and he has told me to move out of the house immediately as this can even cause death.
We dont have anywhere to go and the council will not do anything as they say it is the landlords responsibilty.
please help as i am at my wits end.
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
I need to know if i am within my rights to leave the property and get re-homed by either my landlord(gloucester city homes) or gloucester council ?
Expert:  JGM replied 2 years ago.
Thank you for your question.
The council is wrong here. You should contact their environmental health department and insist that they do an inspection and also read the report from your expert. As there is a risk to health the council should be ordering your landlord to do the repairs to the house to make it habitable by serving an improvement notice. If the landlord still refuses to do the repairs the council can do them and charge the landlord. In your case they can also serve a hazard notice.
As you would be homeless by having to move out the landlord or the council should be finding you temporary accommodation.
I think you have to visit the environmental health department and put your case quite firmly to them as opposed to the housing side of the council which has obviously fobbed you off.
Happy to discuss.
I hope that helps. Please leave a positive rating so that I am credited for my time.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
We have already done that but they will not get involved as the landlord is doing something about it (by wiping the mould off) so they will not get involved.
i need to know if we are within our rights to move out and refuse to pay rent?
Expert:  JGM replied 2 years ago.
You can move out. The landlord could start eviction proceedings if you don't pay rent, ironically.
I hear what you say about the council but they are wrong and you have to assert your rights. They have a legal duty to help you in these circumstances. If the council employees aren't doing their job, and remember it's the environmental health department you have to deal with, make an appointment to see your local councillor.
The council should be dealing with landlords like this, not fobbing you off and you really have to take a stronger stand.