By Jo Anderson. Last Updated 29/09/2025. Living in a house with damp and mould can be extremely hazardous, potentially leading to respiratory problems and exacerbating pre-existing health conditions. So, if you’ve been exposed to mould because your landlord has not completed house repairs and you’ve suffered harm as a result, you may be eligible for compensation for damp and mould. Let us show you how to claim for mould compensation.
We encourage any potential claimant to seek legal advice as soon as possible to strengthen their claim and increase their chances of success. Here at Accident Claims, our team of advisors can offer you a free consultation, assess your eligibility and estimate how much compensation you could claim. Importantly, our specialist solicitors will provide you with a high-quality service on a No Win No Fee basis. Get the ball rolling as soon as possible by speaking to us today.
Your Need To Know Questions Answered
We don’t want your questions to go unanswered, so we’ve provided some guidance on some of the most common queries below:
- What evidence can I use? Lots of things can act as evidence, from your medical records to photographs of the mould in your rented accommodation.
- Is there a time limit to claim? Yes, and you typically have 3 years to start a claim from the date you suffered the harm if making a personal injury claim. If claiming for housing disrepair alone, then you have 6 years.
- Will I have to pay any fees to claim? Here at Accident Claims, our team won’t charge any solicitor’s fees for their work upfront, if your claim fails or whilst it’s ongoing.
- How much compensation could I get? Every mould and damp claim is different, and the amount of compensation will vary depending on the severity of the harm you have suffered and whether you have incurred any financial losses.
- Who may be at fault? The answer to this is not always straightforward; however, the landlord would be at fault for mould caused by structural damage, for example, as they are responsible for the property’s maintenance.
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- Tenants’ Rights To Damp And Mould Compensation – Is Damp A Landlord’s Responsibility?
- How Much Compensation For Damp And Mould Could I Claim?
- What Illnesses And Complications Could Be Caused By Penetrating Damp And Mould?
- No Win No Fee Compensation Claims Against Landlords For Penetrating Damp
- Essential Resources Relating To Tenants’ Rights to Damp and Mould Compensation
Tenants’ Rights To Damp And Mould Compensation – Is Damp A Landlord’s Responsibility?
In most instances, yes, damp and mould within a rental property is the landlord’s responsibility. If the damp is the result of a structural fault, a lack of maintenance or a failure to carry out necessary repairs, then the landlord is liable. In particular, the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018 impose requirements that rental properties be safe, healthy, and free from hazards.
Examples of when a landlord might be responsible for mould and damp include:
- Leaks in roofs, windows, doors, or pipework.
- Inadequate insulation or ventilation.
- Rising damp due to faulty foundations or damp proofing.
- Structural issues allowing water ingress.
Tenants’ Rights To Compensation For Damp and Mould
There are 2 types of housing disrepair claims a tenant may bring against their landlord:
- A personal injury claim for the harm caused by the disrepair.
- A claim for damage to any personal property caused by the disrepair.
Section 11 of the Landlord and Tenant Act 1985 requires landlords to maintain rental properties and rectify any disrepair that occurs. If a fault is not addressed, you may be able to seek compensation for the disrepair, as well as any damage to personal property.
Under Section 4 of the Defective Premises Act 1972, tenants who suffer personal injuries due to housing disrepair may have grounds to claim compensation if the following criteria are met:
- The landlord was informed of the defect.
- There was a failure to repair the defect in a reasonable timeframe.
- This failure resulted in you sustaining injury or illness.
When Might A Tenant Be Responsible For Damp?
In limited circumstances, a tenant may be responsible for damp or mould within the property if they fail to take certain steps, such as adequately ventilating a room. For example:
- Not ventilating rooms, including not opening windows or using extractor fans in kitchens and bathrooms.
- Having the heating set too high for extended periods.
- Drying clothes without sufficient ventilation.
If, however, these scenarios arise due to faults with the ventilation or heating systems, then that is still the landlord’s responsibility.
Mould In A Rented Property – How Long Do I Have To Claim For Harm Caused?
If you are eligible to make a claim for compensation for mould and damp, you will need to be aware of the time limits in place.
If you are making a housing disrepair claim for damp and mould in a rented property, you will generally have 6 years to start your claim.
Alternatively, if you are making a personal injury claim, under the Limitation Act 1980, you will generally have 3 years to start your claim from the date you suffered harm. However, some exceptions may apply to this limitation period for minors and those who lack the mental capacity to make their own claim.
To see which type of claim you should make for damp and mould, or for landlord responsibility regarding mould, you can contact our advisors.
How Much Compensation For Damp And Mould Could I Claim?
If you successfully receive compensation for a damp and mould claim, your settlement could consist of general and special damages.
General damages is the head of claim that compensates you for the harm you have suffered and the pain and suffering they’ve caused you.
The Judicial College Guidelines (JCG) could be useful to those calculating such payouts. It provides a list of different injuries and illnesses at varying severities, along with associated guideline compensation brackets. You can see some brackets from the document in the table below.
However, we should note that the first line is not from the JCG and that the table should be used only as guidance.
| Illness/Injury | Notes | Guideline Payout bracket |
|---|---|---|
| Multiple severe injuries with a financial expense | Settlements for a combination of multiple serious injuries. Inclusive of damages for pain and suffering and for financial expense such as medical bills and loss of earnings. | Up to £150,000+ |
| Asthma (a) | Asthma causing disturbances to sleep due to regular coughs, leading to loss of enjoyment of life and restrictions on a person’s ability to work. | £52,550 to £80,240 |
| Asthma (b) | Chronic asthma causing breathing difficulties. An uncertain prognosis could fall under this bracket. | £32,090 to £52,490 |
| Asthma (c) | This may take a few years to recover from and would have an impact on work/social life | £23,430 to £32,090 |
| Asthma (d) | Claims in this bracket could arise from the inhalation or vapours that irritate the respiratory system. | £12,990 to £23,430 |
| Asthma (e) | This includes cases of bronchitis, asthma and colds, generally in young children, which resolve after a few months with treatment. | Up to £6,280 |
| Dermatitis in both hands (a) | Work capability and the ability to perform domestic tasks may be affected. | £16,770 to £23,430 |
| Dermatitis in 1 or both hands (b) | Symptoms could last for a significant period of time, but special gloves and treatments may be effective over time. | £10,550 to £13,930 |
| Other skin conditions in 1 or both hands (c) | There is itching, rashes or irritation in one or both hands. Usually resolved in a few months after treatment. | £2,080 to £4,820 |
Additionally, you may receive compensation for costs and financial losses sustained due to the harm you have suffered. These are compensated under special damages, and can include:
- Care costs – If your illness or injury has left you unable to care for yourself, and you’ve had to have paid care at home.
- Medical expenses – If you need to pay for prescription medicines, for example.
- Loss of income – Loss of earnings could result from you being unable to work due to your injuries or illness.
- Travel expenses – If you needed to pay for transport to go to medical appointments or to visit your solicitor for a meeting, these could be compensated for under special damages.
Providing evidence of these costs with documents, such as payslips, receipts and invoices, could help support your claim for special damages.
To learn more about how compensation is calculated in housing disrepair claims, please contact an advisor.
4.8 (948 reviews)What Illnesses And Complications Could Be Caused By Penetrating Damp And Mould?
Compensation for damp and mould can be awarded for a variety of different health conditions. Damage could also be caused to furnishings and possessions within your home.
We have provided a brief list of health conditions mould compensation could be awarded here:
- Asthma and respiratory illnesses.
- Allergic reactions.
- Weakened immune system.
- Skin conditions.
People Who Should Avoid Sleeping In Rooms With Mould Growth or Penetrating Damp
While all people who sleep in rooms with mould growth are at increased risk of ill health, certain persons could be of increased sensitivity and therefore more vulnerable, including:
- Young children and babies.
- The elderly.
- People suffering from allergies.
- Those with asthma or other respiratory conditions.
- People suffering from skin conditions such as eczema.
- Individuals with compromised immune systems.
To learn about the types of harm you could claim for, or to find out how much compensation for damp and mould-related illnesses you could be eligible to receive, talk to our advisory team today using the contact information provided above.
No Win No Fee Compensation Claims Against Landlords For Penetrating Damp
If you are eligible to make a claim for compensation for damp and mould that has caused you harm, you might wish to get help from a solicitor. By working with a solicitor who has experience with these types of claims, they could help you gather evidence and negotiate with the liable party for an appropriate compensation settlement.
One of our solicitors can offer to work on your case under a type of No Win No Fee arrangement called a Conditional Fee Agreement. With this type of contract in place, you will not have to pay them any upfront fees for their services. You also won’t be required to pay these fees for their work while your claim is progressing or if it fails.
A success fee will be deducted from your compensation should your claim win. There is a legal cap in place that limits the percentage of this fee.
To check whether you could be eligible to make a claim with one of our No Win No Fee solicitors or to discuss your case with an advisor, please don’t hesitate to get in touch.
Start My Penetrating Damp And Mould Claim
Do you now know more about tenants right to damp and mould compensation? Do you feel that you would like to make a claim, or would you like more advice? Either way, you can reach us in any one of the following ways and we’ll be happy to help you.
- Phone us on 0800 073 8801
- Start a claim online
- Click on the chat button to speak with an advisor
Essential Resources Relating To Tenants’ Rights to Damp and Mould Compensation
- Council Claims – Here is our guide to making claims against a local authority.
- Housing Disrepair – Our guidance on housing disrepair claims can be found here.
- Claiming With A Pre-Existing Condition – If you already had asthma or another condition and it was made worse, then this guide may be of use.
- Advice on non-fault accident compensation claims. Learn more about claiming for a non-fault car accident with our guide.
Tenants Resources And Medical References Relating To Damp Compensation Claims
- NHS Reference On Damp And Mould – Here, you can read what the NHS has to say about the effects of damp/mould on health.
We hope this guide helped you understand more about claiming compensation from a landlord for mould and damp.
