The estate where tenants are taking collective legal action on damp and mould

Everyone in the group has their own story to tell. We hear from Kevin Biderman and Helena Walsh, who co-founded the group after spending more than a decade trying to get the damp and mould in their flat addressed. They discovered thick black mould spreading across their teenage daughter’s bedroom more than five years ago; she now has respiratory issues and uses an inhaler.

Two tenants who did not want their names printed explained how the damp and mould in their flats have made their health significantly worse while they are recovering from cancer. Another shared that the mould has destroyed many treasured possessions, including irreplaceable photographs of his parents. Many, particularly those with children, are in flats that are extremely overcrowded.

Last October, the tenant group began to pursue a legal claim on a ‘no win, no fee’ basis with Anthony Gold, the law firm. They are now working to get as many tenants as possible signed up before mediation begins. Samantha Lewis, the Anthony Gold solicitor working on the case, says they are acting for clients in the group claim for matters of disrepair, nuisance, breach of the Homes (Fitness for Human Habitation) Act 2018 and breach of responsibilities in the Landlord and Tenant Act 1985. 

Group claims, also known as ‘class action’ claims, like these are still uncommon, Ms Lewis explains, because they require a lot of organisation by the tenants, who all need to self-identify to the solicitors. They also need a law firm that has the capacity and willingness to take on so many claimants at once, something Anthony Gold specialises in. But Ms Lewis says she hopes to see more of these cases brought forward, as they allow for a whole-estate approach to disrepair, which allows the landlord to better understand the full scope of the problem, and ultimately benefits more households.

While the lawyers get to work, the Nags Head tenants have been working on getting publicity. One resident, Fatima, appeared on Channel 4 News in December. She shows me the damp carpets in her home and the breathing apparatus by her bed that she hides from her children. She still has not been decanted from this property. 

Peabody provided a response statement to Inside Housing – which is printed in full at the end of this article – but did not comment on any specific tenants or cases mentioned.

When Fatima introduces herself at the meeting, the group claps and whoops for their local celebrity. “Since I was on TV, everyone wants to speak to me, everyone around the estate,” she says.

Most of the residents have lived here for more than 10 years, yet despite living alongside one another for all that time, they all thought they were alone. Now that they are united, there is a feeling of joy and energy in the room. 

The tenants say it is about more than getting the mould fixed – it is about the way the landlord interacts with them.

Helena, Kevin and their daughter were decanted in March, the first of the few households who were moved. Since they have been in a different flat, they say their daughter’s breathing issues have vastly improved, but they are due to move back soon, and they fear that the repairs carried out will not have properly solved the problem. 

It is a problem Kevin says their family have struggled with for the 15 years they have lived in their Nags Head flat, which is a market-rate tenancy intended for key workers. In the early years, the flat had a serious damp problem, and every repairs operative the landlord sent over would tell Kevin and Helena it was their fault. Finally, after years of these visits, it was discovered that the cause was a pipe that had been fitted incorrectly in the bathroom.

“It’s these outsourced companies who are just doing it as cheap as possible. There’s no connection between all the different moving parts, and they just fob you off,” Kevin says.

They had the same experience when they discovered black mould in their daughter’s bedroom. “We spent six months on the phone to them… Hours and hours of people not calling back, and people not doing stuff,” he says.

“It felt like it was my full-time job, just calling and calling,” Helena says.

Everyone Inside Housing spoke to had similar stories of ignored emails and hours spent on hold, to both Peabody and United Living, the company contracted to carry out responsive repairs for the estate.

“They constantly pass you on to other people, then to other companies. It’s exhausting,” says Jodie, another tenant. Many of the tenants in the meeting say they have resorted to doing repairs themselves, or they have stopped bothering to report minor issues at all.

A spokesperson from United Living says the contractor “is working closely with Peabody to resolve the problems that residents are experiencing”.