Damp & Mould in Your Rented Property
Learn what to do if your rental property has damp or mould and who is responsible for fixing the issue. Our expert housing disrepair solicitors can help you file a claim for damp and mould. For more information, contact us today at 0161 697 5959.
We handle housing disrepair claims across the UK against councils and housing associations, helping tenants claim compensation for damp and mould issues.
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What’s Causing the Damp and Mould?
Damp and mould issues are usually caused by excessive moisture in the property, leading to damage. Poor ventilation and high humidity levels are common culprits.
Older properties, built without central heating or double-glazed windows, relied on natural ventilation through open fireplaces, eliminating the need for moisture barriers or damp-proof courses. However, many of these homes now have sealed chimneys, carpets, and UPVC windows and doors, reducing natural airflow and causing moisture buildup.
Modern homes are designed to be sealed but include measures to prevent excessive moisture. For help with damp and mould issues, contact our housing disrepair experts today.
Causes of Penetrating Damp
How to Claim Compensation for Penetrating Damp And Mould?
At Tenant Housing Disrepair, we have extensive experience handling compensation claims for issues like damp and mould across the UK. Our friendly, professional team has dealt with numerous cases, ensuring your questions are answered promptly and clearly, so you always know where you stand.
When you contact us to discuss your situation, we’ll gather details to determine if you’re eligible for compensation. If a settlement is likely, we can connect you with a no-win, no-fee solicitor to guide you through the process. Use our damp compensation calculator to estimate your potential compensation.
If you’re unsure about your rights or how to claim for damp and mould compensation, reach out to us. We offer free advice with no obligation to use our services, so you can fully understand your options.
Could You Claim Compensation for Damp and Mould?
Yes, you can claim compensation from your landlord if they fail to fix damp and mould issues in your rental property. Typical damp and mould compensation amounts range between 25% to 50% of the property’s rent. If your landlord acknowledges the issue but still hasn’t resolved it after a reasonable period, you may be entitled to compensation.
If you’ve reported the damp and mould problem and it remains unresolved after three months, contact our solicitors. Whether you’re in council housing or a privately rented property, you may be eligible to claim compensation for health issues or financial losses caused by damp and mould. Reach out to us for expert legal support.
Reporting the Problem to Your Landlord?
Report any damp issues and housing disrepair to your landlord, especially if they are affecting your health or causing damage to your furniture and belongings. If you’ve informed your landlord about the damp problem and they have not taken any action, you have the right to pursue a housing disrepair claim.
Be aware that in some cases, private landlords may attempt to evict tenants rather than address the repairs. Ensure you understand your rights and whether eviction is a risk before taking legal action. For expert advice, contact our team today.
Taking Court Action
If your landlord is responsible for dealing with the moist and they do not do so in 3 months, it is possible to take them to court. Taking judicial action can be expensive and timely, and you should take it only as a last resort. But our solicitors can help you in this case with a no-win no, fee policy.
Taking Court Action
If your landlord is responsible for dealing with the moist and they do not do so in 3 months, it is possible to take them to court. Taking judicial action can be expensive and timely, and you should take it only as a last resort. But our solicitors can help you in this case with a no-win no, fee policy.
How to document damp?
You should document any signs of damp by keeping a record of:
- Where any damp and mould is located
Is it affected by different weather conditions? Does it get worse in rain, cold weather, hot days? - Does it get worse when you take a bath or shower? Use a washing machine etc?
- In the cases of condensation, when is it at its worst?
- The temperature of your home
- Take photos
What Should Your Landlord Do in a Disrepair Claim?
Your landlord must organize a survey and carry out repairs within a time.
Repairs
The common issue of damp and mould your landlord must fix include:
- Internal pipes leakage
- poor heating systems
- missing roof tiles or leaky guttering
- cracked walls or rusted window frames
Your landlord should also be responsible for repairing any damaged plaster, skirting boards, or flooring if needed. You need not compromise on alternative accommodation during repairs. If the repair is incomplete, you can sometimes claim compensation from a court.
Improvements
If your repair does not fix any basic problems, your landlord may have to improve. For example, if damp is an ongoing problem that needs to be repaired repeatedly, they may have to install a damp-proof course.
If a repair does not fix the damp, your landlord should consider improving the heating, insulation, or ventilation. Some landlords fix this problem by using dehumidifiers rather than making expensive improvements.
Make Sure Your Home is Fit to Live in
Your house must be fit from the beginning of your tenure until you go. You do not need to compromise on health and damage caused by damp. You have a right to live in an appropriate place.
If it exceeds the limit and seriously affects your health, the home could be inappropriate because you cannot use some rooms. Your landlord must make improvements and repairs to make it fit.
You can complain council until they make sure your home is fit to live in. The council could order your landlord to fix the mould as a health hazard. If the council gives them notice of improvement, your landlord must improve because your health is in danger, and they will have to compensate for it.
Compensation
A tenant can claim compensation for any housing disrepair. Depending on the severity of the problem, you can be compensated. Housing disrepair problems are different for every tenant, depending on the result of an injury caused.
If your landlord has failed to repair the Damps, so there are several ways to claim compensation in such cases;
– Discomfort
You could claim compensation for housing disrepair if the problem of damp and mould caused discomfort for you and your family members. Your landlord will be responsible for every suffering caused by his negligence. The quality of the standard residence should not cause any discomfort to the inhabitants.
– Damage to Personal Property.
If it damages your personal belongings in the apartment, like furniture, you can take compensation for your damage. If the landlord is familiar with mould or damp but is reluctant to behave as an emergency, you can seek advice from an expert solicitor here.
– Personal Health Risk
If it affects your physical and causes sickness, then you can claim compensation. With a written report by the Health Practitioner, the tenant can claim against the landlord.
What Are Tenants’ Rights For Damp And Mould In The UK?
The council may demand that your landlord tackle the damp and mould issue as a health hazard even if your tenancy’s not subject to the rules for homes that aren’t fit. The landlord is required to carry out and pay for repairs if the council issues an order to improve the condition of the property because it poses an encroachment on your health.
If you have a rental property, it is the legal responsibility of your landlord to improve this issue. Suppose they do not pay attention to the situation within a reasonable time after reporting them. In that case, you may be injured or sick, and you can claim against them for the landlord’s negligence.
The same case if there is damp in a rental property. The landlord has the same legal responsibility to resolve this issue. You have a right to report the landlord for the fixation of damp.
If your landlord’s negligence affects your health, you can claim the illness or injury. It is part of your tenants’ rights about damps in UK rental residences.
If you have any questions about this topic, our advisers are always available to help you. Contact us today, and we can answer your questions about your rights and generally claiming.
Is Dampa Landlord's Responsibility?
UK’s main laws protect tenants and landlords; The Landlord and Tenant Act of 1985 and The Housing Act of 2004.
UK laws state that the landlord’s responsibility is maintenance and repair of structural and external damage. It means that your landlord is responsible for repair when structural defects cause the damp and mould.
Thanks to our years of experience handling the disrepair claims of damps and mould housing, we know that the mistake is often not with the tenant but the council or social housing landlord.
An inspection may be required if there is any doubt regarding who is at fault. If you suspect whose responsibility is damp, or if you want to make an inadequate claim to housing due to the presence of a DAMP, our residential houses’ solicitors’ panel can help.
We work with a panel of experienced solicitors who have handled various inadequate claims through tenants and will tell you if your landlord may be responsible for damp in your home.
Could I Withhold Rent from My Landlord?
You may be wondering how the tenant has the rights of damps and mould compensation, and you may be surprised that if a property is inactive, you can stop some of your rent.
While in many cases,
tenants have a responsibility to stick to the tenancy contract; some exceptions may mean you could withhold rent in some situations under the rule of ‘set off.
This rule means that if a tenant reports the property as structurally defective and the landlord does not arrange for repair by delay or refusal, the tenant can fix this repair on a special procedure and deducts the total amount of this expense from his rent.
Only repair expenses that can be under this set-off principle are registered under Section 11 in the Landlord and Tenant Act 1985.
What Illnesses and Complications Could Be Caused by Penetrating Damp and Mould?
Damp and mould can affect everyone who is living with it. Still, in most cases, it causes serious health complications to babies, children, the elderly, and people with weak immune systems, asthma, and some allergic issues. It can also cause an unpleasant living environment.
Mould can irritate and produce allergens, causing skin conditions such as eczema and allergy. They can also cause respiratory diseases such as asthma, pneumonia, and lung cancer. In the UK, the rights of tenants related to mould mean that you should be able to be free from potential health risks in your rental property.
No Win No Fee Damp and Mould Compensation Claims
To claim in a court claim is expensive and confusing, but to help you through it, we offer you a no-win no, fee agreement, also known as a conditional fee agreement, or CFA. It means that if your claim is not successful, you do not need to pay legal costs. If you win your claim, most of your expenses will be paid by your landlord.
If your claim is exceeded at the end of the rent, the deposit should be placed in a specific scheme to resolve its dispute. If it is not working, you will still have the opportunity to use a no-win no, fee agreement to sue your landlord for damp in the UK courts.
How Can Our Solicitors Help You?
Firstly, you need to know about your legal rights. With our help, you can get the necessary repair work on your rented property. We want to help you get the compensation you deserve so you can live comfortably in your social housing property.
If your landlord still needs to resolve your house’s mould and damp problems, you want to take advice from our expert panel of solicitors. Our housing disrepair services are provided on a no-win, no-fee basis. It means you can claim without worrying that you’re taking a financial risk.
Our expert solicitors have a wealth of experience with these types of cases. They can help you to identify your situation and ensure that any damp and mould problems in your rented home are properly resolved.
They will also help you to claim compensation if damps and mould cause damage to your health and wealth. For example, if you’ve severe asthma or mould, such as black mould, has ruined your furniture.
You have a right to live in a safe home, so if you’re being denied that right we want to help you claim against your landlord to ensure all disrepair. We want to help you live comfortably in your home without worrying about damp and mould matters, which have reduced your health.
If your rented council home or housing association property has issues that have not been repaired find out if you are eligible to make a housing disrepair claim for property repair and compensation.
- Damp problems
- Mould issues
- Pest infestations
- Damaged Windows & Doors
- Leaks and Water Damage
- Pest infestations, Mice, Rats & Insects
- Broken heating systems
- Problems with gas pipes or electrical wiring
- Internal deterioration such as damage to carpet, walls etc.
- Structural problems, including damaged gutters, drains & pipes
- Environmental health issues, bathroom, sanitary & sewage
Frequently Asked Questions
Have a Question?
We are here to help you 7 days a week and respond within 24 hours. Plus, you can find most answers to your questions right on this page.
No, damp and mould are not the same thing. Damp refers to excess moisture in the air or on surfaces, while mould refers to the growth of fungi (microscopic organisms) on those surfaces. mould can grow as a result of damp conditions, but dampness itself does not necessarily mean there is mould present.
The amount of compensation for damp and mould in the UK varies and depends on a number of factors, including the severity of the issue, the impact it has had on the affected property, and any associated expenses (such as the cost of repairs or temporary accommodation).
In some cases, the affected party may be able to claim compensation from the responsible party (such as a landlord or housing association) through the courts. However, the amount of compensation that can be awarded will depend on the specific circumstances of the case and can only be determined by a judge or court.
It is advisable to consult with our Disrepair solicitors who specializes in housing disputes to understand your rights and the potential compensation you may be able to claim.
Dampness and mould growth can be caused by a variety of factors, including:
- Poor ventilation: Insufficient air flow can lead to moisture buildup on walls, windows and other surfaces.
- Leaks: Leaks from pipes, roofs, or walls can cause moisture to accumulate, leading to mould growth.
- Condensation: High levels of humidity can cause condensation to form on surfaces, which can lead to mould growth if not addressed.
- Flooding: Flooding can lead to significant amounts of moisture in a building, which can cause mould growth if not properly addressed.
- Poor building maintenance: Neglecting to address damp or mould problems can allow them to persist and spread.
- Inadequate heating: Inadequate heating can cause condensation and moisture buildup, leading to mould growth.
- High humidity levels: High humidity levels can cause moisture to condense on surfaces, leading to mould growth if not addressed.
In some cases, you may be able to claim compensation for damp and mould if it is caused by the negligence of another party, such as a landlord, housing association, or building contractor.
To claim compensation, you must be able to prove that the responsible party failed to address the problem in a timely and appropriate manner, and that this failure led to the growth of damp and mould.
It is advisable to seek the advice of a solicitor who specializes in housing disputes to understand your rights and the potential compensation you may be able to claim. In some cases, you may be able to negotiate a settlement with the responsible party, while in other cases, you may need to take legal action.
The amount of compensation that can be awarded will depend on the specific circumstances of your case, including the extent of the damp and mould problem, the impact it has had on your health and the value of your property, and any associated expenses (such as the cost of repairs or temporary accommodation).
In the UK, a landlord has a responsibility to ensure that the property they rent out is fit for habitation and free from serious damp and mould problems. This means that landlords must take steps to address damp and mould issues that arise, and ensure that the property is kept in a good state of repair.
If the damp and mould issue is caused by a problem that is the landlord’s responsibility to fix (such as a leaky roof or broken window), the landlord must take prompt action to rectify the problem and prevent further mould growth.
If the tenant is responsible for causing the damp and mould (for example, by failing to ventilate the property properly), the landlord may not be responsible for fixing the problem. However, the tenant may still be responsible for the cost of repairing any damage caused by the mould.
If the landlord fails to address a damp and mould issue, the tenant may be able to take legal action to claim compensation or force the landlord to make the necessary repairs. It is advisable to seek the advice of a solicitor who specializes in housing disputes for more information.
Yes, a tenant can be blamed for mold growth in certain circumstances. If a tenant’s actions or inactions have contributed to the growth of mold (such as failing to ventilate the property properly or causing a leak), the tenant may be held responsible for the problem.
For example, if a tenant does not properly maintain the property (such as by failing to keep windows open or not using extractor fans), this can cause moisture to build up, leading to mold growth. In such cases, the tenant may be responsible for the cost of repairing any damage caused by the mould.
It is important to note that while a tenant may be responsible for mold growth in some cases, the landlord still has a responsibility to ensure that the property is fit for habitation and free from serious damp and mold problems. If the landlord fails to address a damp and mold issue, the tenant may be able to take legal action to claim compensation or force the landlord to make the necessary repairs.
It is advisable to seek the advice of a solicitor who specializes in housing disputes for more information.