Thompsons represents social housing tenants seeking damages over black mould

Claire Campbell

Claire Campbell, a partner at the firm, is handling 81 such cases. More than 90 per cent of the cases relate to tenants in housing association properties. Around a third live in properties managed by Wheatley Homes Glasgow, one of the largest social landlords in Scotland.

Black mould is a microfungus which takes hold in damp conditions and was first associated with outbreaks of disease in the 1930s in Russia.

It causes increased risk of respiratory illnesses such as asthma as well as skin conditions, headaches and other problems. It appears as fuzzy green or black patches on walls and its spores can cause asthma attacks and coughing fits.

Ms Campbell said: “People are more aware of the risks of black mould, but I think there are a lot more people living in these conditions now than there has been previously, because budgets are down.

“Housing associations like to blame tenants and say it’s because they were ‘drying clothes inside’ or didn’t have their heating on. I don’t think those things alone should cause the extent of what we see, where someone’s wall is completely covered in mould.”

Thompsons is dealing with cases which include adults whose asthma has been aggravated by the mould as well people who have skin conditions and inflammation of the sinuses, among other things.

The firm is also dealing with cases involving children.

Ms Campbell said: “I’ve got a couple of cases where it’s very young children – children who were born in that property being diagnosed with asthma. There’s a few cases we’ve seen where it’s not just the experts we’ve instructed, but the client’s own doctors, who have written to the housing associations and said ‘look, this child is at risk of a life-threatening asthma attack unless they’re moved out’, but that doesn’t seem to happen.”

Aisling Mylrea, managing director for Wheatley Homes Glasgow, said it is “absolutely committed to eradicating mould and damp”.

She added: “We have around 44,000 homes for social rent, with only a very, very small number of issues reported to us. We will not rest until every single tenant is completely happy with their home.

“Damp and mould complaints are investigated within two working days and more than 98.2% of all cases are treated within 15 working days.

“Most, if not all, of these cases are historic and any traces of mould and damp have since been removed.”