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Man with incurable lung disease he claims was caused by mould in his flat to take local authority to court

A tenant, who suffers from an incurable lung disease he says was caused by black mould in his flat, is taking legal action against Hackney Council, it has been reported.

In 2021, Max, 38, was diagnosed with chronic sarcoidosis – an autoimmune condition suspected to be triggered by exposure to certain irritants such as chemicals or fungus.

His diagnosis came four years after he had moved into a flat with leaks, damp and black mould that was offered to him by the council.

According to The Observer, he is now taking Hackney to court “over its treatment of him and the impact cardiac and lung sarcoidosis has had on his life”.

Max told the newspaper: “Within months of moving in, I started to suffer from a variety of symptoms…..I had dry eyes, dry sinuses, my mouth wasn’t salivating. It felt like my body was the body of an elderly man. I didn’t know what was happening.”

Three doctors submitted letters on separate occasions stating that there were “medical dangers to Max’s current living situation”. One of those letters was sent to the council in 2021.

Cllr Clayeon McKenzie, Cabinet Member for Housing Services and Resident Participation for Hackney Council, said: “I understand Max’s situation and it is one we have been taking very seriously. I have met with him to discuss the situation and we have tried to fix every issue with his home that he has reported to us as quickly as possible.

“This has included replacing his entire kitchen and treating and removing the damp and mould that developed as a result of a leak. This work was completed in July 2021.

“We understand the impact damp and mould can have on people’s lives and following concerns raised by the tenant we carried out a further survey on his home on 25 November 2021. While this found that there was some minor work to tackle light patches of damp and mould, Max’s home was generally in a good condition.”

The council noted that Max does not qualify for an urgent transfer to another home.

Cllr Clayeon McKenzie added: “I want to reassure every Hackney resident that we take these issues extremely seriously. This is why we launched our action plan last year which includes inspecting all reports of damp and mould within five working days, reassessing all outstanding repairs involving damp and mould and ensuring they are prioritised taking account the severity of the case, and the age and health of the people living in the home, and taking steps to support those living in private rented and temporary homes.”

In May last year, the Housing Ombudsman made a finding of severe maladministration against the London Borough of Hackney for "substantial delays" in dealing with damp, mould and leaks at another resident's home.

The Government recently announced plans to review guidance to landlords on damp and mould, after a coroner asked the government to take action to prevent future deaths, following the death of two-year old Awaab Ishak.

In a statement in response to the coroner’s report, Michael Gove and Steve Barclay said the Government was working on policy that would “specify time limits landlords must meet on investigating hazards, and acting where there are health concerns”.

Lottie Winson

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