Mould: National problem
A Liverpool law firm has hit back strongly after being criticised by a council which obtained a wasted costs order over its conduct of a housing disrepair claim.
Bingham Long said law firms played “a vital role in giving tenants a voice and holding landlords and local authorities to account where living conditions fall below acceptable standards”.
According to Ashfield District Council in Nottinghamshire, it sought the order after a judge at Mansfield County Court dismissed the case but awarded it just £700 in costs.
It said: “The council argued the claim was baseless and improperly instigated, stating access to the property was repeatedly refused and involved a cold caller linked to the solicitors.
“Now, a district judge has agreed and ordered Bingham Long to pay the council £10,950 in costs within 21 days to cover both the original claim and the wasted costs application.”
Cllr Andy Meakin, the executive lead for social housing and assets, said: “These cold callers can be very convincing and are taking advantage of our tenants. They are not always aware of what they are signing or warned that the case could end up going to court.
“We will not stand by and let these people get away with this. We will fight this in court when we need to and this just shows that.”
A spokesman for Bingham Long expressed its disappointment with the ruling, adding that it was consulting counsel about an appeal.
He stressed that “all clients instruct the firm voluntarily following lawful and ethical engagement procedures – our firm takes compliance and professional integrity extremely seriously. We act only on client instructions and do not bring frivolous or unsubstantiated claims.”
The spokesman said the client signed a retainer, provided a detailed witness statement and supplied documentary evidence demonstrating extensive disrepair and repeated reports to the local authority.
“The evidence indicated several thousand pounds’ worth of necessary repairs that had not been addressed until our involvement. We were therefore surprised when the client later sought to withdraw aspects of their evidence at the hearing.
“While we cannot speculate on the reasons, we recognise that tenants can sometimes feel intimidated or fear potential retaliation or loss of accommodation when challenging their landlords.
“Our duty throughout was to act in the client’s best interests and to ensure their case was properly presented and supported by evidence.”
He added that the outcome was “particularly shocking” given that the council “had to seek relief from sanctions to file their own witness statement significantly late”.
More broadly, the spokesman continued: “Housing disrepair is a widespread and serious public issue. According to the English Housing Survey 2023-24, around 1.3 million households in England live in homes affected by damp, mould, or structural hazards, and more than 600,000 report a related health condition.
“Poor housing is linked to respiratory illness, cardiovascular stress, and mental health problems. These are not isolated cases – they reflect a national problem that demands accountability and enforcement.
“Firms like Bingham Long play a vital role in giving tenants a voice and holding landlords and local authorities to account where living conditions fall below acceptable standards.
“We are proud of our work improving housing standards and will continue to act with professionalism, integrity, and respect for both the law and our clients.”
- The Legal Futures Housing Condition Conference will be on 16 April 2026 in Manchester. You can buy early bird tickets now [1].