Tenant of Dolphin House awarded compensation for dampness and mould
A tenant of local authority estate Dolphin House in Dublin has been awarded damages on account of dampness and mould which led to substandard living conditions.
The plaintiff, Ms Humphrey, brought an action against her landlord, Dublin City Council, for dampness in one of the store rooms and mould throughout the apartment. It was alleged that issues arose due to lack of proper ventilation and poor insulation.
Despite conflicting evidence from expert engineers, the Court accepted that the evidence taken as a whole showed that there was excessive dampness in the apartment and inadequate ventilation, which rendered the property unfit for habitation under the Housing Act 1966.
The Court considered the case of Siney v Dublin Corporation which awarded damages for ‘interference with the ordinary comfort and convenience’ of the plaintiff. In that case O’Higgins CJ stated that ‘damages may be recovered for physical inconvenience and discomfort.’
Noonan J found “that to expect a young woman with two small children to reside in a dwelling which is subject to unacceptable levels of dampness and consequent mildew and mould growth is, in the early part of the 21st century, unacceptable. In my view therefore, the defendant is in breach of the implied covenant in the tenancy agreement that the premises be fit for human habitation" and awarded €25,000 in damages to the plaintiff.
In October 2017, the European Committee of Social Rights published a decision on a collective complaint taken by International Federation for Human Rights (FIDH) as to conditions in local authority housing across 20 communities in Ireland, including Dolphin House. The decision found that Ireland had failed to take sufficient and timely measures to ensure the right to housing of an adequate standard for many families living in local authority housing around the country. In particular, the Committee found Ireland in violation of Article 16 of the Revised European Social Charter, which protects the right of the family to social, legal and economic protection, including the provision of family housing.
Click here for the judgement in Humphrey v Dublin City Council.
Click here for more on the collective complaint.