Sign in. It’s quick, free and it’s up to you.
An account is an optional way to support the work we do. Find out more.
TWO YOUNG BROTHERS and their little sister, who claimed they suffered respiratory problems because of the dampness and unhealthy state of their Dublin City Council apartment, have been awarded damages in the Circuit Civil Court.
Barrister Conor Kearney told the court that since siblings Christian (16), Nathan (10) and Macey (6) Preston moved out of their previous home at Carlton Hall, Shelmartin Avenue, Marino, Dublin, in September last year, their respiratory problems have improved.
Kearney said the damp in the apartment had become apparent in 2011 and after the children’s mother, Danielle Preston, made several complaints, Dublin City Council inspected the property and installed dehumidifiers.
Respiratory illness
The court heard that some items which had been destroyed with damp had needed to be replaced by the local authority.
Kearney said the Prestons ultimately abandoned the property and had been relocated at Clanmahon Road, Donnycarney, Dublin, where they now live.
Circuit Court President Justice Raymond Groarke heard that the brothers and their sister had attended their GP on various occasions during 2007, 2008, 2009, 2011 and 2014 for treatment for respiratory illness.
Through their mother Danielle, the children sued Dublin City Council for negligence and breach of contract. They alleged the apartment had been unfit for human habitation.
Kearney, who appeared with Blake Horrigan solicitors, said the local authority had made settlement offers of €3,000 for each of the Preston children.
Counsel said that although he found the offers to be low, there may be an issue regarding liability if the cases proceeded to a full hearing. The court heard the damp condition of the apartment may have exacerbated existing respiratory conditions.
Kearney said that it was part of the agreement between the parties that the Prestons would remain in the Donnycarney property rather than returning to their former apartment, where works had been carried out. Judge Groarke approved the offer.
To embed this post, copy the code below on your site
The more you offer, the more trouble you have.
If you dry clothes indoors in an apartment and don’t open windows or use a dehumidifier, then you will have a dampness problem. Water from clothes doesn’t just disappear.
The council installed dehumidifiers? Seriously? You have a problem, you fix the problem, not the symptom. Especially within something like damp in a house.
I hope this is the start for similar situations to go to Court in private rental accommodation where tenants àre living in bad conditions and landlords refuse to carry out repairs
It’s not j8st council houses. Aa family member 9f mine was teaching in a primary school last year where the first task every morning was to empty the water tank under the dehumidifier for the prefab.
@Dr Richard DeWitt: Damp is caused mostly by condensation within the home so a dehumidifier would solve that problem. That seems to be the case here because when 3000 was offered to each child counsel said “although he found the offers to be low, there may be an issue regarding liability if the cases proceeded to a full hearing” In other words it could be proved that the lady was at fault, not the council.
What fcuking century are we living in?
It might not be so in this case but I’ve seen a lot of cases of damp, in person and on tv shows where the damp is caused by the owner/renter. Drying clothes indoors and having a lot of clutter can make a small problem a lot worse.
@Michael Hayden:this excuse is always rolled out. I own my own house and my damp was caused by shoddy building standards. Had to spend a fortune getting it sorted.
just do away with social housing and the problem is solved, complete waste of good money
Council should inform their tenants about the problems caused by too much moisture in the home and educate how to prevent it. That way liability remains with the tenant if problems occur . If people owned their own homes ie. cared about them, they would take measures to prevent problems.
Abcd
have your say