DR v Southwark LBC (2014)

DR v Southwark LBC, Lambeth County Court 2014

DR lived in a two bedroom flat with her three children which had suffered from damp and condensation as a result of various factors:

• historic penetrating damp from the external wall into the bathroom causing damp plaster;
• hydroscopic dampness to the bathroom walls which were exacerbated by general use of the bathroom;
• condensation; and
• construction methods.

As the property was in a serious state of disrepair it was difficult to establish the damp from the condensation. The council made various attempts to remedy the mould growth but the mould growth always returned.

DR claimed that the majority of the damp was caused by condensation but that the council were responsibile for the damp plaster in the bathroom and to the external wall relying on Grand v Gill. DR argued that the council was responsible for the plaster defects because the plaster was in disrepair and formed part of the structure of the property which the landlord was responsible for. The council maintained that they were not responsible for any of the damp at the property as it was caused by condensation.

Prior to trial an expert inspection was carried out which included carbide testing to the core wall. The report concluded that the