GT Stewart were instructed by Ms T in relation to damp and mould at her property. GT Stewart obtained an expert surveyor’s report in May 2021, which confirmed that there was serious damp and mould in all rooms of the property. The expert confirmed that contaminated plaster would need to be removed, thermal plaster board would need to be affixed to the walls, the walls re – plastered, and then painted with an anti – mould paint in every single room of the property. Ms T was decanted in July 2021 for the purposes of the works being carried out, however no works were undertaken. The property in which Ms T was decanted to also started to develop mould growth.
Despite repeated requests to confirm when the works would be completed, we were met with a wall of silence. Due to the local authority’s inaction, we issued a claim for an injunction (specific performance). The matter was listed for a 1st hearing on 11 February 2022. The local authority defended Ms T’s claim for an injunction by confirming all outstanding works, as identified in the expert report, would be carried out on or before 22 February 2022. However, it was clear that works had only started once the respondent local authority had received the court paperwork. The local authority failed to complete the outstanding works on or before 22 February 2022, and at a 2nd court hearing the court felt it was just and convenient to order an injunction; forcing the respondent local authority to carry out the works within 5 weeks.
