Camden Council apologises after tenants sue Town Hall over mice-ridden, mouldy flats
Friday, 14th November 2014

THE Town Hall has apologised after a judge ordered the Council to carry out more than £20,000 of “urgent” work fixing damp, mould and mice infestations in council-owned properties after it was taken to court by tenants.
District Judge Susan Williams ruled that it was a “hazard to their health” and put the council under a legal obligation to perform repairs within 28 days or face a criminal conviction for causing environmental nuisance.
The case comes as the Town Hall parades its own idea of licensing private landlords in a bid to improve living conditions for residents.
But it was Camden that was in the dock on Tuesday as two women living in separate properties in West Hampstead and Fortune Green told Highbury Magistrates’ Court how they had been asking the council to fix “extensive damp and mould” in living rooms, kitchens, bedrooms and bathrooms for more than 15 years.
Photographs of the flats in Mackellar House, Fortune Green, and Agamemnon Road, West Hampstead, showed entire rooms with paint peeled off down to the plaster and brickwork, dangerous “black mould”, mouldy carpets and a wall with a 100 per cent moisture reading.
The Agamemnon Road home had suffered from an infestation of mice going back to March 1993 while the Mackellar House address had required extensive repairs to mould and damp since July 2000, the court heard.
A report from an environmental expert seen by the New Journal recommends a “complete roof replacement” at Mackellar House costing an estimated £10,000, plus £500 to remove mould and to redecorate.
The court was told that the council had wasted thousands in legal fees “fighting” a court summons rather than carrying out the work.
Alexander McDowall, acting for the council in court, told the judge: “You are right to point out that these cases have been lingering” but added that “work orders have been issued”.
“When?” asked Judge Williams. “Yesterday,” he replied.
“Nothing like court proceedings to concentrate the mind,” she said.
Jhangir Mahmood, representing tenants Fadumo Mohamed and Georgina Agyepong, told the court that Miss Mohamed had instructed lawyers to start pursuing a civil claim in October 2012 after requesting the work be carried out for 19 years. In March this year, she was joined by Miss Agyepong.
Environmental health experts hired to inspect the properties found them to be “prejudicial to health”. A court summons was served on the council in July.
Mr Mahmood said: “They have complaints about their properties for many years. They got to a position where they had to instruct us [to take the council to court]. Camden has taken the approach that they need to fight this. If they did the work that would be the end of the matter. We believe that the local authority’s efforts should be to resolve this.”
Judge Williams criticised the council for failing to act for so long, adding that “it does not sound like a very sensible suggestion” for the council to pay legal fees for being taken to court rather than carry out the work.
She said: “We are living in a time when public funds are in very short supply. Looking at these photographs, work needs to be done. This sort of mould infestation can cause health problems. There is a clear health hazard.
“If the work is done the need for court proceedings falls away. It needs to be done as a matter of urgency.”
She added: “It seems to me that that is the remedy which will resolve the situation.”
She ordered the council to reappear before the court in December to determine if the work had been carried out.
After the hearing, Ms Agyepong, 55, told the New Journal: “I have asked them many, many times over the years to fix the problems. I have had four surveyors come to my flat but they never report back after they leave. The walls are wet to touch and are peeling and the kitchen is dangerous to cook in.
“When I slept in the bedroom I had breathing problems and always had a cold. I don’t want to live in a steam room.”
On Wednesday, council leader Sarah Hayward answered residents’ questions online on private rented housing. Councillor Hayward, who is carrying out a consultation to implement licensing for private landlords, said a survey of properties found “shocking levels of faults and hazards”.
“People living in this sector deserve to be protected and to have safe, secure housing,” she said.
A council spokeswoman said: “We are complying with the ruling of the court and will commence work urgently. We will do further investigation. We strive for high standards and we are sorry that we have failed to meet them in these cases.”