If you are experiencing damp or mould in your home, there could be a larger underlying problem. An important question to consider when dealing with damp and mould, is whether the underlying and fundamental cause of this disrepair may be subsidence.
As we approach the autumn and winter months, concerns about damp and mould growing in our homes rise again. When addressing issues related to dampness and mould, it is crucial that you evaluate the underlying cause, such as subsidence.
An expert property lawyer, specifically with experience in subsidence-related cases can help you navigate the legal complexities and protect your rights and interests during the resolution process.
This article will delve into the fundamentals of subsidence, how to discern if it is impacting your property, and the steps that can be taken to address it.
What is subsidence?
Whilst there can be different causes of subsidence, it is generally understood to be the sinking or shrinking of soil underneath a property. It particularly impacts regions of a country where the ground is made up of clay soils. This can be generally be seen more frequently in the South East of England and in London, particularly South East London. Subsidence becomes worse as the weather gets drier and the clay soils dry up. The record summers that the UK has experienced in recent years can have an even greater impact on properties which are affected by subsidence. The problems that come with subsidence are more prevalent than is perhaps realised or acknowledged, but it is only expected to continue to grow.
How can you tell if your property might be impacted by subsidence?
It can be difficult to tell if your property has been impacted by subsidence. A lot of disrepair can be a result of the shrinking of the ground beneath your property. Cracks in the walls, warping window and door frames, and damp can all be disrepair that is a sign of subsidence. If your home has any of the following, it may be a sign of subsidence:
- Cracks that are wider than 3mm – especially cracks that are at the joining of two walls, walls to ceilings, at the connecting point of extensions and to windows
- Doors which don't fit into their frame
- Windows which don't shut properly
- Doors or windows which don't seal properly
- Damp and mould growing.
The most common sign, and the most noticeable one, is damp and mould. Naturally, this is also the symptom that does the most harm to people and is the reason why both tenants and landlords should be concerned about subsidence. Penetrating damp can creep into the house from the gaps in the walls and the loose fitting windows and doors. It makes it effectively impossible to keep out damp and mould and can have detrimental consequences on the inhabitants'.
Whilst damp and mould is a visible sign, subsidence can impact other aspects of a house that can't be immediately detected but can have more immediately dangerous consequences. Consequences may be pressure on internal pipes and wires as a result of the shifting walls, which could cause gas leaks or floods. In the most extreme of circumstances, ceilings or whole building can collapse due to subsidence.
Property owners may be reluctant to resolve, or even initially accept, damp and disrepair issues are caused by subsidence. Dealing properly and thoroughly with a subsidence issue can costly. The result of this can be that property owners are keen to deal with the visible symptoms of subsidence, such as the cracks or damp, rather than tackling the underlying reason for those cracks and damp, i.e. tackling the occurrence of subsidence.
So, how should go about trying to get your subsidence and disrepair issue resolved?
To start the process for real repair, you may need a report from an environmental health officer or a surveyor to demonstrate that there is a subsidence issue affecting your property. If you need the disrepair in your home fixed and you believe it may be from subsidence and your landlord is unresponsive, you may be able to bring it to the attention of the local authority.
Section 79(1) of the Environmental Protection Act 1990 sets out that if a premises is 'in such a state as to be prejudicial to health or a nuisance', then where a complaint is made 'by a person living within its area' the local authority has a duty to 'take such steps are reasonably practicable to investigate the complaint.' The emphasis in this provision is the prejudice caused to health.
Furthermore, according to section 9A of the Landlord and Tenant Act 1985, all tenants benefit from an implied covenant that the dwelling 'is fit for human habitation at the time the lease is granted' and that the dwelling will 'remain fit for human habitation during the term of the lease'.
How Can a Property Law Solicitor Help?
- Assessment and Advice: Consult with a property solicitor who will assess your situation, review relevant documents, and offer tailored legal advice.
- Insurance Claims: Solicitors can help with subsidence-related insurance claims, from gathering evidence to liaising with your insurer to
- Dispute Resolution: For subsidence disputes with neighbours, contractors, or authorities, a solicitor can mediate, use ADR methods, or represent you in court if necessary.
- Property Transactions: When buying or selling a subsidence-affected property, your solicitor can guide you through contracts, due diligence, and protective measures.
- Planning and Permissions: If subsidence relates to construction, your solicitor can assist with regulatory compliance, permissions, and addressing breaches.
- Litigation: In complex damage disputes, your solicitor can represent you in court, preparing your case, presenting evidence, and advocating on your behalf.
- Land Registry Issues: Subsidence can impact property boundaries and titles; your solicitor can help resolve associated land registry problems.
- Expert Witnesses: Solicitors can engage experts like structural engineers for assessing subsidence extent and providing court testimony if needed.
Housing disrepair issues can be stressful and time-consuming. If you are suffering with a disrepair issue, it is important that you seek expert legal advice. Our Housing team, ranked and recommended by The Legal 500 and Chambers & Partners UK for its services nationwide to social tenants across London, provide guidance for landlords and tenants on all housing issues. We are highly experienced at finding solutions to your housing issues and aim to address cases quickly and effectively.
Originally published 21 September 2023
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.