A couple in London is embroiled in a challenging legal battle spanning over two years as they seek compensation from their council due to issues of mould and disrepair in their home, which they claim is affecting their health.
Joyce Iyinolakan and her partner Tunde have faced a distressing situation whereby they were moved from one mould-infested residence to another, leading to mounting legal fees. The couple has highlighted that the damp conditions are worsening their daughter’s asthma and causing stress and skin problems for themselves. Additionally, they allege that the council unjustly labelled them as potentially violent, which has further exacerbated their ordeal.
Mould infestations in homes are known to pose significant health risks, including respiratory issues, eye irritations, and skin problems. Tragically, a two-year-old child, Awaab Ishak, passed away in 2020 after being exposed to mould, prompting stricter guidelines for landlords to address fungal growth in properties. In October 2022, Mr. and Mrs. Iyinolakan took legal action against Southwark Council concerning the persistent disrepair in their dwelling, the wrongful inclusion on the potentially violent customers register, and violations of their human rights.
Although the council acknowledged its failure to rectify the mould issues and offered compensation exceeding £6,000, the couple had already spent over £10,000 on legal expenses. Despite a ruling against the council by the Housing Ombudsman in May 2022 for maladministration regarding mould problems and the incorrect categorisation of the Iyinolakans, the couple continues to face hurdles.
Ms. Iyinolakan, who grapples with anxiety and PTSD, experienced a panic attack during a court hearing in September. Subsequently, the judge proceeded with the hearing in their absence, deciding against compensation for human rights breaches and the wrongful registration. The couple expressed feeling unjustly treated and penalised for holding the council accountable for their living conditions.
During a recent visit by The Independent to their residence, evidence of black mould in their daughter’s room and water leaks from the ceiling was observed, underscoring the ongoing challenges faced by the Iyinolakan family. Mr. Iyinolakan voiced frustration over the lack of resolution and perceived injustice in the legal process, indicating a lack of faith in receiving recompense from the council.
Despite previous legal intervention that resulted in a relocation due to similar issues in their previous home, the Iyinolakans continue to confront maintenance problems in their current dwelling. Ms. Iyinolakan highlighted new instances of mould discovery and leakage, emphasising the persistent battle against substandard living conditions.
In response to the situation, Councillor Sarah King expressed regret for past oversights and reiterated the council’s commitment to addressing complaints about disrepair and mould. The case is pending a court decision, preventing further commentary from the council.
Housing Secretary Angela Rayner has pledged to advance legislation, known as Awaab’s law, aimed at enforcing timelines for social landlords to address maintenance issues, extending to the private rental sector. As the legal saga continues for the Iyinolakans, the outcome remains uncertain, reflecting a broader challenge faced by tenants in safeguarding their rights and well-being in the housing sector.