A tenant has been advised by a sheriff he should raise an action against the city’s biggest landlord over a home he says is not fit to live in.

Wheatley Homes Glasgow had taken Alex Gordon to court to seek access to the property to carry out damp and mould remediation work.

The tenant said the measures have not worked while Wheatley maintain the mould has been removed.

READ NEXT: Landlord takes tenant to court twice over mouldy home

After access was granted both the landlord and tenant arranged for separate inspections to be carried out.

The report for Wheatley said the home was habitable while the conclusion of the inspector for Mr Gordon found it to be unfit.

Representing Mr Gordon, who lives in the Southside and suffers from a serious respiratory condition, Sean Clerkin of the Scottish Tenants Organisation, read the court extracts from the report.

He added: “We carried out samples in the bathroom. It was rated F, (which he said was very high).

“The bedroom was level E, bad for indoor air quality”

He said the second bedroom was “wet with high moisture readings”.

READ NEXT: Severely ill man in TEN YEAR wait to get move from mouldy Glasgow flat

 Mr Clerkin said the inspection was carried out on September 16 after Wheatley Homes Glasgow had carried out the work.

He said the conclusion was: “Using all information and evidence, we can confirm this property is still high risk.

“The dry fogging has been unsuccessful. The home can’t be deemed as fit for habitation.”

Sheriff Vincent Lunny: “It’s not been resolved and we are going round in circles.

To Wheatley Homes Glasgow’s lawyer, he said: “You’ve had access. Access has been granted.”

Mr Clerkin said they wanted a move to a home free of damp and mould for Mr Gordon.

 Sherrif Lunny said: “The ball is in your court to raise an action to do that, to start proceedings.

He added: “This is an action for access. They have got access and have done the work.”

“Technically this action is finished.

“Mr Gordon has to raise an action against Wheatley Homes on the state of his home.”

Mr Clerkin said: “We are asking that the Gordons be rehoused”

The Sherrif, however, said: “I can’t do that.”

He added if there was anything he could do for Mr Gordon “based on the evidence” he would.

But he said: “We are at an impasse because the two experts don’t agree. Sadly this vehicle has run its course.

“It is for Mr Gordon to get a solicitor as a matter of urgency.

“If I thought I could do something I would.”

The solicitor for Wheatley said they did not accept the expert inspection report produced on behalf of Mr Gordon.

She said: “There are a number of questions.”

Mr Clerkin said if he is not moved “Mr Gordon will die”.

Sherrif Lunny, referring to Awab Ishak, who died as a result of mould in his family’s home, said: “I’m acutely aware of what happened in England with that child a couple of years ago.

Mr Clerkin said Mr Gordon was willing to accept anything in the area, however the lawyer for the landlord said: “Wheatley homes can’t guarantee a damp and mould-free home.”

Dismissing the case, with no costs awarded to either party he said to Mr Clerkin: “Best of luck going forward. That’s not a reflection on anyone.”

A Wheatley Homes Glasgow spokesperson said: “Any traces of mould or damp in the home have been treated and removed.

“Our staff tried at least 14 times over four years to get into the flat to carry out repairs, but the tenant either refused access or wouldn’t allow work to go ahead.  We had no option but to go to court earlier this year to request access into the home. 

“At this stage Mr Gordon has requested a move to a top-floor flat in Mansewood or Eastwood, or a new-build home in the south of the city. At this time, we don’t have any empty top-floor flats in these areas or new-builds due for completion in the south.   

“The family continues to have our highest priority for rehousing. We’re doing everything we can to help them find a home which meets their needs.”