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18 Aug 2023 < Back

Where there's mould there's money.. or so it seems

The alternative headline to this short article could have been - 'where there’s mould theirs a claim.'  With referrals to the social housing ombudsman service reaching new highs, mould and dampness exploding in the press, health fears being fuelled by new legislation and inquests focusing on mould and building condition, it is little wonder that the 'no win no fee' industry has turned its attention to mould and damp and disrepair.

The last 12 months have been interesting...

Over the last twelve months, we have seen a dramatic rise in the number of legal firms advertising their services. They may offer assistance to those who feel let down by landlords, but they also fuel the expectations of those who think they may be well placed to make speculative claims.

The PCA are not here to lay scorn of the existence of such lawyers...but we do feel we need to warn members about the possible tactics of some of them. 

Things our members need to be aware of...

We have been contacted by members who have been asked to work for claims firms. On the face of things that sounds perfectly legitimate however, we have also heard recently how survey fees will be dependent on the outcome of the claim...and that surveyors have been asked to embellish findings in order to strengthen the prospects of a successful case.

Our advice to any member who is considering taking on such work is to demand an upfront fee for robust diagnostics backed by a detailed professional report. Remember, that any professional report submitted in such circumstances will be the subject of detailed scrutiny and possible cross examination in court.

It is our view that no judge in the land will accept a report into evidence when it has been supplied by a surveyor who is compelled to find defects in order to stand a chance of being paid for their work and further is motivated to embellish negative findings in order to increase the likelihood of a payment. 

Be careful...the sharks don’t care who they eat! 

Comments

Joe Wilson

Agreed. Before undertaking any instruction to act as an expert, the 'expert' should familiarise themselves with CPR part 35, PD 35, and the pre-action protocol. Also, Landlord and Tenant Act 1985, Environment Protection Act 1990, Housing Act 2004, Defective Premises Act 1972, Building Act 1984, and Homes (Fitness for Human Habitation) Act 2018.

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