If you’re living with damp and mould, you may be able to get repairs completed to your home and also claim compensation. Contact our housing disrepair team today to find out your legal rights to getting repairs completed and claiming compensation.
The most important things to remember when making a damp and mould claim:
Your landlord is responsible for your safety when it comes to damp and mould in your rental property.
You can make a damp and mould claim when your landlord has ignored a reported problem.
With the introduction of Awaab’s Law, landlords must act faster to deal with damp and mould.
You usually have three years to file an injury claim if the damp and mould has affected your health.
You can claim compensation on a no-win, no-fee basis.
What is a damp and mould claim?
As a tenant, you can make a damp and mould claim if your landlord has allowed your rental property to become unsafe because of damp and mould. By filing this claim, you could receive compensation for any illness, injury or damage to your personal belongings caused by the mould or water damage. In some cases, you could even secure a rent reduction.
Who is responsible for damp and mould in a private rented property?
Nine times out of ten, landlords are responsible for keeping rental properties free from hazards — which includes damp and mould infestations. With Awaab’s Law introduced in 2023, landlords now have stricter obligations to address reports of damp and mould in a timely manner. Under this new law, landlords must resolve such issues within fixed timeframes, meaning tenants have stronger legal protection.
If the damp or mould started because of structural problems, poor insulation or faulty repairs, it is the landlord’s duty to fix it. However, if it’s caused by you, the tenant, like having insufficient ventilation, then the responsibility to resolve the issue may be yours.
Can I make a claim against my landlord for damp and mould?
If your landlord hasn’t looked after your rental property correctly, perhaps allowing for extensive water damage or failing to fix problems that have led to damp and mould, you can certainly claim against them. Under Awaab’s Law, landlords who fail to fix damp and mould problems could be in breach of their legal duties, making it easier for tenants to pursue claims. Compensation can cover damage to property, health issues and the general discomfort caused by living in poor conditions.
What causes mould or damp in properties?
There are a few key things that can cause damp and mould within rental properties:
Condensation — This can come from poor ventilation or heating.
Rising damp — Sometimes moisture from the ground can move up through the walls due to faulty damp-proofing.
Penetrating damp — This is water that can enter because of structural damage in roofs, windows or walls.
Leaking pipes — If a leak isn’t resolved, this can increase moisture levels and bring with it damp and mould.
What health problems can be caused by damp and mould?
There are a whole slew of health problems that can be caused or exacerbated by the presence of damp and mould. These can include:
Respiratory issues
Allergic reactions
Skin irritation and rashes
Chronic coughing and sneezing
Worsening symptoms for those with weakened immune systems
The government introduced Awaab’s Law in response to these health problems. This was inspired by the tragic death of Awaab Ishak in 2020, which highlighted the urgent need for quicker landlord intervention when damp or mould poses a health risk.
How much compensation for damp and mould?
The level of compensation that you could receive as a tenant affected by mould and damp will vary depending on the severity of the problem, the impact on your health and the scale of damage to any of your personal property, if applicable. Typical claims might cover:
The cost of replacing damaged belongings, like furniture or clothing
Medical expenses and compensation for health problems caused by the environment
General damages for discomfort and the decline in your living conditions
Compensation can range from hundreds to thousands of pounds, depending on the extent of the damage and the landlord’s negligence. For a better idea of the level of compensation you should expect, use our helpful compensation calculator:
Find out how much you could claim
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Compensation amounts are estimated based on the level of injury below
To start a claim for damp and mould against your landlord, you must first report the problem to your landlord in writing and give them reasonable time to fix it. If they fail to do so, particularly under the new legal timelines set by Awaab’s Law, you should get in touch with Express Solicitors.
Use this handy eligibility checklist to see if you’re eligible to make a claim:
Condition
Yes
No
Have you informed your landlord of the problem in your rental property?
☐
☐
Has your landlord failed to fix the problem in a reasonable time?
☐
☐
Can you prove both of the above with evidence? (Photos, records, etc.)
☐
☐
If all answers are yes, you can proceed with your claim.
How long does a damp or mould claim take?
As with the level of compensation you should expect to receive, how long a claim can take will vary depending on its complexity and the evidence available. With the new regulations under Awaab’s Law, landlords must act quickly to resolve issues, which may speed up some claims. However, most claims can take several months to resolve, especially if they involve serious health concerns or extensive property damage.
What evidence do I need to make a damp or mould claim?
Gathering evidence for a damp and mould claim is a vital part of ensuring your claim is successful. You should aim to gather together as much as you can when you bring the claim against your landlord. Here’s what we suggest:
Photographic evidence — Document the problem with the rental property with clear photos, highlighting any hazards for review. Also, take photographs of any injuries or personal property damage caused because of the problem to record the extent and severity.
Medical records — Gather all pertinent medical documents, such as doctor’s notes, X-rays, and other relevant reports. These documents are essential to your case.
Witness statements — Compile contact information from witnesses and collect their accounts of the problem. Witness statements can significantly assist in your claim.
Personal diary — Maintain a diary detailing the impact of the problem on your daily activities. This could include loss of work (if you are home-based), lack of sleep and more.
If you require assistance in gathering or organising evidence for your claim, our experienced solicitors are here to guide you through the entire process.
We understand the financial impact of an accident.
In 99% of cases, we recovered more compensation than the insurer’s first offer. We’ll provide financial security with our interim payments wherever possible, meaning you don’t need to rush into an offer that is lower than you’re legally entitled to.
What are the time limits for making a damp or mould claim?
As with other housing disrepair claims, you typically have six years to bring a claim for property damage, and three years for personal injury claims caused by damp or mould. However, Awaab’s Law means that quicker action from the landlord is legally required — landlords must respond to and fix issues more rapidly, potentially shortening the practical timeframe before taking legal action.
How much does it cost to file a claim?
With our no-win, no-fee agreement, you can kick off a damp or mould claim with Express Solicitors without paying a penny unless your case is won. This makes it easier for tenants to access legal help without the burden of upfront costs.
Why should you choose us?
100% No-Win-No-Fee
Contact us with the comfort of knowing you’ll never be at financial risk when you claim with us. We cover all legal costs, never charge upfront fees, and we only get paid if you
Advanced payments available
We understand how an accident can affect your financial position. We always look to collect an early compensation (interim) payment where possible.
We can take over your case
With legal specialists for every type of accident claim, we can take over your claim at any stage from another solicitors. We take pride in winning cases other firms turn down.
Frequently asked questions
Can I be evicted for making a claim against my landlord?
It is illegal for your landlord to evict you from your rental property if you have made any kind of housing disrepair claim, including damp or mould.
Can I refuse to pay rent if there is mould or damp?
If you have been withholding rent because of a damp or mould issue, your landlord has legal grounds to evict you in some cases. So, be sure to be the bigger person, continue to pay your rent and come back for compensation at a later date.
Why choose Express Solicitors?
Whether it’s damp, mould or something else entirely, if you have a claim to make for personal compensation, we’ll fight on your behalf. At Express, our mission is to secure the justice you deserve for any suffering you have experienced, either down to personal injury or a range of other grievances.
As well as our no-win, no-fee policy, we’re proud of our “Excellent” rating on Trustpilot and our accreditation by the Solicitors Regulation Authority (SRA). It shows just how committed we are to professional integrity and making our clients happy.
To begin your damp and mould claim, get in touch and see how much you might be entitled to.
Call us on 0161 904 4661
Lines are open now and our legal advisors are on standby to tell you if you can make a claim.