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 authority knew there were mold problems in the home. Yet it placed the blame on the family: they would not ventilate enough and shower and cook too much. After Awaab died, it turned out that the mold spores from the home were in his airways. His immune system responded with chronic inflammation, creating granulomas in his airways (tiny inflammatory nodules that form when the immune system cannot clear a harmful substance). These continued to swell until eventually he could no longer breathe. Awaad died of acute respiratory distress, suffocation and eventually cardiac arrest. The case led to Awaab's Law in England. That law requires landlords of social housing to fix moisture and mold problems within strict deadlines. If they cannot, the landlord must provide replacement housing. Awaab's death shows what can happen when mold in homes is not taken seriously. Pediatricians in the Netherlands also report regularly seeing children growing up in damp and moldy homes with chronic cough symptoms, respiratory infections and asthma. These health problems often lead to school absenteeism and negatively affect development and educational opportunities. No one wants to live with their children in a moldy home. But what if there are no alternatives? If there's only one bedroom, moving is financially unfeasible and the housing authority won't step in? This is common and a major problem. Nieuwsuur speaks of a national mold problem that occurs in about 29% of Dutch housing association properties. A tenant is not empty-handed. A housing corporation can be held liable through civil law: when reports and complaints about mold have been structurally 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 moisture; there is health damage. At Beer advocaten, we are committed to helping residents who are struggling with severe mold problems, developing health issues and not being heard by their landlord. Are you concerned about mold in your home? Or about the health of you or your children? If so, contact us for advice and support.
