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Awaab's Law: who is responsible for mold in rental properties?

In 2020, two-year-old Awaab Ishak died in England after prolonged exposure to mold in his parents' rental home. The housing association was aware of mold issues in the home. Nevertheless, it blamed the family, claiming they did not ventilate sufficiently and showered and cooked too much.

After Awaab's death, it was discovered that mold spores from the home were present in his airways. His immune system responded with chronic inflammation, causing granulomas to form in his airways (small inflammatory nodules that develop when the immune system is unable to clear away a harmful substance)..

These continued to swell until he was eventually unable to breathe. Awaad died of acute respiratory distress, suffocation, and ultimately cardiac arrest.

The case led to Awaab's Law in England. This law obliges landlords of social housing to resolve moisture and mold problems within strict time limits. If this is not possible, the landlord must offer replacement accommodation.

Awaab's death shows what can happen when mold in homes is not taken seriously. Pediatricians in the Netherlands also report regularly seeing children who grow up in damp and moldy homes with chronic coughs, respiratory infections, and asthma.

These health problems often lead to truancy and have a negative impact on development and educational opportunities.

No one wants to live with their children in a moldy home. But what if there are no alternatives? What if there is only one bedroom, moving is financially unfeasible, and the housing association refuses to take action? This is a common occurrence and a major problem.

Nieuwsuur reports on a national mold problem that affects approximately 29% of Dutch social housing.

A tenant is not left empty-handed. A housing association can be held liable under civil law:

  • when reports and complaints about mold have been systematically ignored;
  • there is a structural defect in the home (such as a leak or poor ventilation);
  • the landlord has taken no or insufficient action and the problems persist;
  • tenants have done their best to limit damp;
  • there is damage to health.

 

At Beer advocaten, we are committed to helping residents who are struggling with serious mould problems, developing health issues and finding no response from their landlord.

Are you concerned about mould in your home? Or about your health or that of your children? Please contact us for advice and support.