More than 80 tenants seek damages for black mould after baby’s death

More than 90% of the cases relate to tenants in housing association properties, with around a third resident in properties managed by Wheatley Homes Glasgow, one of Scotland's largest social landlords.

Some relate to several family members sharing the same property.

READ MORE: 

• Asthma sufferer's three year 'nightmare' over damp and mould in council house
• SPECIAL REPORT: Scotland's housing crisis is making us sick - how did we get here? 
• Disabled mother's five-year ordeal on council house waiting list 

Nearly all of the cases - which are at an early stage - have been taken on by the firm in the past year, and the majority in the past six months.

Ms Campbell said there are signs that the problem is becoming worse, with more cases "coming in all the time" from all over Scotland.

It comes as a recent investigation by the Herald highlighted the impacts of the national housing emergency.

Black mould is a type of microfungus formally known as Stachybotrys chartarum, or Stachybotrys atra, which flourishes in damp conditions.

It was first associated with outbreaks of disease in the 1930s when horses on Russian farms suffered skin lesions, haemorrhages, nervous disorders, and death after eating straw contaminated with the fungus.

In humans, exposure is associated with an increased risk of respiratory illnesses such as asthma, skin conditions, allergies, fatigue, headaches, and irritation to the eyes, nose and throat.

It can appear as fuzzy black or dark green patches on the walls, and has a musty smell.

Spores in the air can trigger asthma attacks, allergic reactions, and coughing fits or wheezing.

The dangers were highlighted by the case of two-year-old Awaab Ishak, who died in 2020 after going into respiratory and cardiac arrest.

A coroner subsequently blamed exposure to black mould in the family's housing association flat in Rochdale, and criticised a catalogue of failures by the landlord including instructing his father to paint over the mould and repeatedly ignoring the family's complaints over a three year period.

In 2022, a coroner ruled that the death of Awaab Ishak had been caused by prolonged exposure to black mould in the family home (Image: PA Media)

Ms Campbell said increased awareness had contributed to the uptick in cases but "it's also just getting worse".

She 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.”

The cases being handled by Thompsons include adults with pre-existing asthma or other lung diseases where mould is blamed for aggravating their symptoms.

In addition, there are cases involving skin conditions, inflammation of the sinuses, and rhinitis - inflammation of the nasal passage.

The firm is also handling several 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."

The Herald has been exploring the impact of Scotland's housing emergency, including on the nation's health (Image: PA)

In many cases, Ms Campbell said housing associations appeared to be carrying out only minor repairs that "don't make any difference or get to the root of the problem". 

She added: "In terms of who the clients are, a lot of them don’t have English as a first language and some don’t speak English very well, so I wonder if that plays a part in how they’ve been treated.”

Claims are being pursued on a case-by-case basis, with court action still to be raised in some cases. 

To date, Ms Campbell said the housing associations involved have denied liability. 

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."

An example of a property where black mould has spread (Newsquest stock photo) (Image: Chris Holland)

In the case of Awaab Isaak - whose parents came from Sudan - an investigation by the ombudsman found that "lazy assumptions" about refugees and asylum seekers among Rochdale Boroughwide Housing (RBH) had affected its response, with paperwork making unfounded claims about cooking and "ritual bathing". 

In England and Wales, Awaab’s Law - named after the toddler - will compel social landlords to fix damp and mould within 21 days or face unlimited fines for breach of contract.

Government guidance on the changes also stresses that landlords cannot blame the problem on tenants' "lifestyle choices". 

READ MORE: 

• Landlords 'profiteering from human misery' in homelessness crisis 
• 'I would rather live in a tent on the beach than leave': Island homes shortage 
• Number of Scots children made homeless in a year enough to fill St Andrews 

Concerns have previously been raised by lawyers and organisations including the Scottish Tenants' Association that there are no plans for equivalent legislation in Scotland. 

A Scottish Government spokesman said landlords for social and private rented homes are "already required to ensure properties are free from damp, have adequate ventilation and are suitably insulated".

He added that social landlords, including local authorities, are also "required to meet the Scottish Housing Quality Standard and to ensure any requests for repairs are carried out in a timely fashion".

Sally Thomas, chief executive of the Scottish Federation of Housing Associations (SFHA), said monitoring data from the Scottish Housing Regulator indicates that it takes housing associations an average of 7.9 working days to respond, assess, and complete non-emergency repairs, including damp and mould, and that 88% of tenants "are satisfied with their repairs".

She added: “SFHA will continue working with partners and our housing associations to ensure every case of damp and mould is tackled quickly and thoroughly, as everyone has the right to live in a safe, warm and affordable home.”