Advice on council housing disrepair claim and solicitor refusing court action

[BeAmberJoker]

I am looking for advice from anyone with experience of housing disrepair cases.
My Council property has had serious damp, mould and leaks since 2017. The property was declared not suitable for human habitation in 2019 and again in July 2026. The Council also carried out a stock condition survey which identified ventilation problems because the flat is surrounded by other properties on almost every side.
My son is asthmatic and his health has been affected by the damp and mould. I have also developed allergies to damp and mould.
I have had three surveys/reports. The report arranged by my solicitor was not very strong, but two other reports agreed that there are serious problems with the property.
I have a solicitor acting for me on a no-win-no-fee basis, but I am being pressured to accept a settlement even though the repair works have not been carried out. I want the case to go to court, but my solicitor is refusing to take court action without giving me a clear reason.
I also received a Housing Ombudsman determination last month, but the Council has ignored the determination and has not paid the compensation awarded.
I would really appreciate any advice from anyone who has experience with similar housing disrepair cases, particularly regarding changing solicitors or taking the case to court.

Does the settlement include a promise to do the work within a certain period of time? Usually it would in the form of something called a Tomlin order

Does the settlement on offer give you at least as much compensation as that determined by the Housing Ombudsman? If it does, the council do not have to offer you any more. If it also sets a date by which the work must be completed, your solicitor is correct in saying you should accept the agreement.

The courts don't like people taking cases to court when a satisfactory settlement is on the table. Unless the court decided you were entitled to substantially more than is already on offer, you could be ordered to pay the council's legal costs even if you win. In this situation, your insurer is entitled to invalidate your insurance on the grounds that you rejected a reasonable settlement, leaving you personally liable for the council's legal costs.

You also need to consider that, if you reject your solicitor's advice, they are entitled to terminate the no win, no fee agreement and charge you for all the time they have spend on the case plus any costs they have incurred.

If you are not happy with the settlement, you need to talk to your solicitor about that. But you should only go to court if all efforts to reach a settlement have failed.

The issue is not the settlement itself, but rather that I do not have any guarantee that the house will remain free from damp and mould. I have lived in this property for 10 years, and it has now been declared twice that it is not suitable for human habitation.
There is also an internal survey by a Council contractor which states that the flat has ventilation issues and is surrounded by other properties in every direction apart from the front.
If I sign a settlement agreement stating that it is a “full and final settlement”, I am concerned about what will happen if the damp and mould return, particularly as I have not received any compensation before.
I also received a determination from the Housing Ombudsman last month, which the Council has ignored completely.
My solicitor is not cooperating. He does not share his communications with the Council with me, so I do not know what has been discussed or agreed between them.

The issue is not the settlement itself, but rather that I do not have any guarantee that the house will remain free from damp and mould. I have lived in this property for 10 years, and it has now been declared twice that it is not suitable for human habitation.
There is also an internal survey by a Council contractor which states that the flat has ventilation issues and is surrounded by other properties in every direction apart from the front.
If I sign a settlement agreement stating that it is a “full and final settlement”, I am concerned about what will happen if the damp and mould return, particularly as I have not received any compensation before.
I also received a determination from the Housing Ombudsman last month, which the Council has ignored completely.
My solicitor is not cooperating. He does not share his communications with the Council with me, so I do not know what has been discussed or agreed between them.

Who is the solicitor? Is it one of the big firms? They may just want to cash in their fee since they have 'won'. Won't the council move you if it's unfit for habitation?

If I sign a settlement agreement stating that it is a “full and final settlement”, I am concerned about what will happen if the damp and mould return

If that happens you will start a new case against the council. If the repairs fail or there is a fresh issue, this is a new breach by the council allowing you to take action. And if the repairs are not completed to a professional standard the council will be in breach of the settlement agreement, so you can take action against them for that. Being "full and final" stops you from making another claim for past damage. It does not bar you from making a claim for new damage.

I also received a determination from the Housing Ombudsman last month, which the Council has ignored completely.

The determination from the Housing Ombudsman is not additional compensation. It is the total compensation the HO thinks you should receive. If the settlement on offer gives you at least as much as the HO says you should have, the council does not have to offer any more.

Thank you for explaining this. My concern is slightly different, though.
I am not mainly concerned about whether I can make a claim for completely new damage in the future. My concern is that the underlying problems with my property may never actually be resolved.
I have lived in the property for around 10 years and have had longstanding damp, mould and leaks. The property has now been declared twice to be not suitable for human habitation. My son is also asthmatic and still lives with me.
There is also an internal Council contractor's survey identifying ventilation problems, and a survey of my property identified health and safety rating failures. The Council has also carried out a wider stock survey on the estate, and there appear to be similar ventilation/structural issues with other flats.
The Housing Ombudsman determination is particularly relevant. The Ombudsman ordered the Council to:

• Pay an additional £500, increasing the total compensation for the complaint from £3,090 to £3,590.
• Arrange, within a reasonable period, for my property to be inspected by a suitably qualified professional experienced in diagnosing damp, mould and water ingress.
• The inspection must not be limited to visible mould.
• The inspection must identify whether there remains any active source of water ingress, penetrating damp, plumbing defect or structural issue contributing to the condition of the property.
• Provide me with a written copy of the inspection findings and a clear schedule of any further works identified, including anticipated timescales for completion.
• If the inspection identifies that the property cannot reasonably be occupied while remedial works are undertaken, or that the condition presents a significant risk to my household, the Council should consider whether temporary alternative accommodation is appropriate.
• If I have incurred costs for remedial works which, following investigation, relate to repairs for which the Council was responsible, the Council should invite me to submit supporting invoices or receipts and consider those claims in accordance with its policies.

My concern is that the Council has not properly complied with the determination, particularly the requirement to investigate the underlying causes of the damp, mould and water ingress. My solicitor is now proposing a settlement involving compensation and works, but I am being asked to consider a “full and final settlement.” My biggest fear is that I sign the settlement, the Council carries out the proposed works, but the underlying ventilation, structural or water-ingress problem remains. I could then be back living with damp and mould again with my asthmatic son. I understand what you are saying about a new breach potentially giving rise to a new claim, but I am trying to understand whether the wording of the settlement could affect my position if the problem is a continuation or recurrence of the existing defects rather than a completely new issue. Regarding the Housing Ombudsman determination, I am not simply asking for additional compensation on top of the Ombudsman's award. My concern is that the Council has not complied with the non-financial requirements of the determination, particularly the requirement to properly investigate the underlying causes and identify the necessary works. My solicitor is aware that I have the Ombudsman determination, but I am not sure whether he has actually seen the full determination or considered how it affects the proposed settlement. That is why I am trying to get advice before signing anything. My biggest concern is being left in the same property with the same damp and mould problems after I have signed away my rights under a full and final settlement.

And i got pounced on on here last year when i said i couldnt see how Awaabs Law could be enforced

I am trying to understand whether the wording of the settlement could affect my position if the problem is a continuation or recurrence of the existing defects rather than a completely new issue

Whatever it says, it cannot do so. If the problem is a continuation or recurrence of the existing defects, that will be a clear breach of the settlement agreement as it will mean the repairs were not carried out to an appropriate standard.

The words "full and final settlement" simply means that you agree the compensation covers all the damage that has occurred in the past. It does not, and cannot, cover any future problems.