Housing Disrepair Mould Compensation Claims – How To Claim Compensation for Mould

By Joanne Jeffries. Last Updated August 4th 2021. Welcome to our guide on how to claim mould compensation. Within this guide, we will take a look at how it may be possible to receive compensation for mould, if it is growing in your rental property due to housing disrepair. We cover how housing disrepair claims can be made against a local council, private landlord or housing association for illnesses  or health issues caused by mould, or damage to property that is the result of mould.

Claim mould compensation claims guide

Mould compensation claims guide

You will need to be within the personal injury claims time limit to be eligible to claim, and our accident claims team can tell you which of these applies in your case. You can contact them at 0800 073 8801. They will also be able to answer any questions that you have, and also explain how we can provide you with an accident and injury lawyer to process your claim for you.

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How to Get Compensation For Mould From A Landlord

If you live in rented accommodation, and your landlord fails to fix housing disrepair issues such as mould, damp and disrepair to windows, it could cause you harm. If you suffer illness due to unrepaired mould, you could claim mould compensation from your landlord, local authority or housing association.  

This is a free online guide to claiming for compensation for mould damage that is the responsibility of your landlord to fix. This guide applies to both private rentals, and also social or council provided housing. We cover many of the reasons why a personal injury lawyer will help claimants to make personal injury claims, and try to show how you may possibly be in a position to claim yourself. We open this guide with a general overview of what mould is, and how housing disrepair and water leaking can be a cause of it.

We then move on to flesh out the facts, by providing information that explains what the causes of mould are, including a detailed look at condensation. We cover how mould is treated and eradicated, and also the kind of health hazards that mould presents as well as how it could damage personal belongings.

In the last part of this guide, we switch to supplying information that relates to the claim itself, as well as some of the financial aspects attached to the claims process. You will find a table detailing different severities of illness that could be triggered by mould, as well as a possible range of compensation you could receive for the illness. You will also find a list that covers some of the commonly awarded kinds of damages that claimants receive. Finally, we explain how using a solicitor that is willing to take your claim on under a No Win No Fee agreement, can offer you a way to make your claim without taking too many financial risks.

We have tried to provide adequate information in this guide, but each claim has its unique points, and you may have questions that this guide doesn’t answer. If this is so, please take a few minutes to have a conversation with one of our claim advisors for legal advice. They will answer any questions you have and also explain to you how the service that we provide works, and how we can provide you with a solicitor to process your claim for you.

Why Is Mould Caused By Housing Disrepair?

You need to first understand what mould is, and how it is caused. Mould is a fungal growth, that comprises of a mass of small organisms. Mould can vary in colour but is most commonly purple, green, orange, white or black. Mould is an important part of the outdoor ecosystem, helping to break down dead plant life. However, mould that is growing indoors can present some very serious health risks. Mould in your rented property is certainly something that needs to be dealt with.

Mould grows mostly in moist, humid places indoors, such as bathrooms and kitchens, but it can grow anywhere that damp can be a problem. Exposure to a trivial amount of mould spores is harmless, and something we encounter every day. However, when mould grows indoors, the spores do not escape into the air and disperse. Instead, they are concentrated in ever-increasing numbers in a single area. These mould spores are inhaled by the people living in the property. Inhalation of a large number of mould spores can be very dangerous to humans.

A property that is in disrepair can provide an environment in which mould can thrive. Problems such as excessive condensation, rising damp, a damaged or leaky roof, or split and burst pipes can all result in excessive growth of mould very quickly. If your landlord fails to both fix the underlying problem, and also eradicate the growth of mould, then you may possibly be in a position to claim mould compensation. If you would like to know more about this, please talk to our claims team today.

What Causes Mould In A Property?

Before we can address the question, can you claim compensation for mould? We need to take a look at what it is that causes mould in your home. Damp and subsequently mould growth, is caused by excessive amounts of moisture trapped in a confined space. In the open air, the moisture would evaporate away, but in a confined space it begins seeping into porous surfaces, causing damp.

The excess moisture can be caused by many things. Pipes or a roof that has been leaking, rising damp (which comes up from the basement), rain seeping in around the edges of windows and doors, condensation (more on this below), etc. Furthermore, in a new build, damp can be the result of moisture evaporating out of the construction materials such as cement.

If the damp and mould is the fault of your landlord, and you have become ill because of it, we could be able to provide you with a personal injury solicitor to help you claim mould compensation.

Is Damp Caused By Condensation?

A major cause of damp and mould in a council property or a privately rented property, is condensation. Condensation happens when the humidity in a closed space becomes too high, and the air cannot hold any more moisture. The moisture is released from the air, as droplets on surfaces such as windows, mirrors, tiles, walls, etc. This is exactly the same process that happens in nature to produce clouds and rainfall.

Any activity inside a property that creates moisture can add to a condensation problem. This includes taking a bath or shower, cooking, drying clothes, and even breathing. The good news is, that there are a number of things you can do to prevent condensations, such as:

  • Cooking with lids on pans.
  • Drying laundry outdoors.
  • Not using liquid or gas fuelled heaters.
  • Open an upstairs widow for 15 minutes each day.
  • Insulate your property.
  • Turn up the heating a little.
  • Ventilate rooms such as kitchens and bathrooms to allow air to pass indoors to outdoors and vice versa.
  • Open a window while you are bathing, showing or cooking food.

In cases where these simple techniques do not address the condensation problem, you should inform your landlord, who should repair any damage that is causing condensation and improve ventilation. If they fail to do so after making a formal complaint, you may possibly be in a position to make a compensation claim if your health has suffered.

How To Get Rid Of Damp And Mould?

If you have followed the advice above and found a way to deal with moisture yourself, or your landlord has provided repairs or improvements to counter it, then you can now move on to removing any damp or mould growth. If your landlord was obligated to take action to combat condensation, then they should also tackle the damp and mould. If you have solved the problem yourself, here are some tips to get rid of mould and damp.

If you intend to do the work yourself, don’t be tempted to tackle an area of mould that is larger than 1 m3, and only if the mould was caused by condensation. If the area of mould that needs to be removed is larger than this, or it was caused by a build-up of contaminated water or sewage, you are going to need a professional to manage the task for you.

If you are doing the work yourself, you have to protect yourself from the mould spores. You can improvise protective clothing by wearing rubber gloves, a surgical mask, and goggles. Close all of the doors to the room before you start work, but open all of the windows as wide as possible.

You will need to pack any soft furnishings that have been contaminated by mould into a large plastic bag. It can either be cleaned by a dry cleaner, or thrown away. You can use warm water with detergent added, to clean the mould from the wall. Once done, dry the area with a dry cloth. Throw away all of the cloths used to clean the mould afterwards. Now clean the entire room, every surface that water can collect on.

If your property has been contaminated by mould that cannot be removed simply using the method above, then if you have suffered a health problem due to the mould, you may possibly be in a position to make a personal injury claim for mould compensation.

Is A Landlord Responsible For Mould In A Rental Home?

In this section, we will address the question, is a landlord responsible for mould? First, we need to look at what your landlord’s responsibilities are in relation to providing you with a safe and healthy place to live. The Housing Health And Safety Ratings System (HHSRS), which all landlords are obliged to comply with, discusses health effects in relation to mould. Considering this obligation to safeguard against mould, if landlords fail to address mould issues that are caused through disrepairs they can be liable for damage to a tenant’s property and a tenants health.

If the landlord fails to address the problem within an acceptable timeframe, and a person living in the rental property becomes ill due to the mould, then they could be liable to pay compensation if the victim makes a compensation claim. This holds true for both private landlords and council properties. Furthermore, if the tenant’s property is damaged by mould, for example, bedding and soft furnishings are ruined, the landlord could also be liable to compensate the tenant for the financial loss.

There is a grey area when it comes to mould that has been caused by the lifestyle habits of the tenant. For example, if the tenant often creates excessive condensation through cooking, bathing or drying laundry, and do not take action to mitigate the problem themselves, the landlord may not be liable. However, the landlord is responsible to make sure that rooms such as a bathroom or kitchen are adequately ventilated and well insulated. Therefore, in this scenario, there is the possibility of contention between the landlord and the tenant, with each insisting the other party is to blame for the mould. This is something that we can assist tenants with. Please speak to a member of our team of claim advisors to learn how to claim mould compensation.

How Could Mould Affect Your Health?

Any guide about how to claim compensation for mould, needs to cover the health risks attached to living in a property where mould is rife. Mould presents some very real health risks. Most serious of all is a respiratory illness, that could in extreme cases be fatal. Many people have an allergy to mould, and even minor exposure to mould spores can result in a severe allergic reaction. At the lower end of the scale, we have what is termed a fungal infection, where the spores become attached to the victim’s skin, and sometimes begin to take root and grow. Furthermore, mould in the home can exacerbate existing medical conditions such as eczema and asthma.

Some people are at a far greater health risk when forced to live in a property where mould is growing, and these include:

  • Young children and babies.
  • The elderly or frail.
  • People who already suffer from a skin condition such as eczema.
  • People with existing respiratory conditions such as asthma.
  • People who are undergoing a treatment such as radiotherapy or chemotherapy, that will have lower immunity to mould spores.

If you or a member of the household has become ill due to exposure to mould, then you could be in a position to receive compensation for mould in the house. For more information about how to proceed with a claim, talk to our claims team today.

Housing Disrepair Mould Personal Injury Claims Calculator – Updated August 2021

The answer to the question, how much can you sue your landlord for mould? Is not simple. Each claim is different, with its own unique aspects. You might be able to find a damp compensation calculator that can give you a rough guide to how much compensation you may possibly be in a position to claim. You may also use the table below, that shows compensation ranges for different severities of illness.

Illness How Bad? Notes Compesantion.
Illness (non-traumatic) Minor Lasting from days to a couple of weeks, minor symptoms such that may include cramps, and diarrhoea, nausea, etc. £860 to £3,710
Illness (non-traumatic) Moderate Lasting more than a week, with moderate symptoms that may include stomach cramps, fatigue, diarrhoea, nausea, mild fever, etc. Full recovery within 2 years. £3,710 to £8,950
Illness (non-traumatic) Serious Short-term illnesses that are very serious in nature, with serious symptoms that may include, diarrhoea, vomiting, cramps, muscle pain, joint pain, high fever, etc. Additionally, the illness could impair sex life, affect the enjoyment of food, etc. for up to a few years. £8,950 to £18,020
Illness (non-traumatic) Severe A very severe illness requiring hospitalization, with acute symptoms such as dagerously high fever, nausea, fatigue, muscle or stomach cramps, diarrhoea, etc. These symptoms would persist into the long-term, potentially years. At the top end of the scale, toxicosis causing serious acute pain, requiring emergency hospitalization and constant monitoring for some days. All illnesses that result in a loss of life quality in some way. £36,060 to £49,270
Psychiatric damage (generally) Severe A severe case which means there is a very poor prognosis £51,460 to £108,620
Psychiatric damage (generally) Moderately severe A moderately severe case which means there is a better prognosis £17,900 to £51,460
Psychiatric damage (generally) Moderate A moderate case which means there is a better prognosis and some marked improvement by trial £5,500 to £17,900
Psychiatric damage (generally) Less Severe Period of disability and severity would be measured £1,440 to £5,500
PTSD Less Severe Virtually a full recovery within 1-2 years £3,710 to £7,680

If you want a more accurate estimate of the level of compensation you may possibly be able to claim than a personal injury claims calculator can give you, please speak to a member of our team of our claim advisors today. They can organise a lawyer to value your claim for you.

What Could My Mould Claim Against A Landlord Include?

When you instigate your claim against the landlord for disrepair, if your claim is successful, your settlement could be made up of different types of general and special damages. For example:

  • General damages (these compensate for physical and psychological harm):
    • Any physical pain and suffering at the time of the accident.
    • Any psychological shock and trauma at the time of the accident.
    • Painful treatment or a long recuperation period.
    • Psychological damage such as post-traumatic stress disorder (PTSD), anxiety or depression.
    • Long-term or permanent afflictions and disabilities.
    • Lowered future life quality.
  • Special damages (these compensate for financial and other kinds of losses):
    • The cost of travel.
    • The cost of hiring a nurse.
    • Private medical fees.
    • Lost salary/wages from missing work.
    • Lowered work prospects due to disability in the future.
    • Ad-hoc losses, such as missing a holiday that had already been paid for.

If you would like to know more about the kinds of damages that you might be able to claim for mould compensation in your own case, please speak to a member of our claims team. They will be able to give you an indication of how much you could receive if you claim mould compensation.

No Win No Fee Claims For Mould Caused By Housing Disrepair

Did you know that there is a way for you to claim mould compensation, and also mitigate many of the financial risks associated with doing so? You can engage a solicitor under what is known as a No Win No Fee agreement. This kind of fee structure works like this:

  1. The solicitor will start working on your claim, and won’t ask for any fee to do so.
  2. The solicitor will attempt to reach a successful resolution for your claim, and you will not be billed any fees in this time.
  3. If you don’t receive any compensation, your solicitor won’t expect you to pay anything at all to them.
  4. When the solicitor receives a compensation settlement on your behalf, they will collect their pre-agreed fee from this money, and you get the remainder.

If you would like to learn more about how this kind of claim agreement works, please talk to a member of our team of claim advisors today.

Why Choose Us To Handle Your Housing Disrepair Claim For Mould?

We make it very simple for claimants to get started with their claim for mould compensation, just follow these three steps to get all of the help you need:

  1. Call our claims team on the number below.
  2. Go over your claim with a member of our team of claim advisors.
  3. Move on to a solicitor processing your claim for you.

This is how simple it is to get your claim underway, so don’t delay call our claims team today!

Talk To Our Team And Start A Claim

Do you need to initiate a claim for compensation for mould and damp? Do you need help making a claim against a landlord , either private or your local authority or housing association? Just contact our claims team using this number: 0800 073 8801 to get your claim started.

Essential Links

These external links could be useful:

Can Mould Or Damp Affect Your Health?

How To Get Rid Of Damp Or Mould

Shelter Information On Damp And Mould

You might also like to read these guides:

Claiming Against Your Landlord

Claiming For An Allergic Reaction

Accident At Home Claims

FAQ About How To Claim Mould Compensation

How Common Would It Be To Claim Mould Compensation?

We do not have the numbers for how many claims for mould compensation there have been in any given time period, however, there are reports that reveal tenants being unhappy with the state of their rental properties. According to a survey conducted for Citizens Advice, over 45% of tenants have experienced problems relating to mould or damp, as you can see from the figures below.

Claim Mould Compensation Statistics Graph

Source: https://www.citizensadvice.org.uk/Global/CitizensAdvice/Housing%20Publications/PRS-AStateofDisrepair.pdf

How Do I Prove My Illness To Claim Mould Compensation?

During your claim, you would need to have a medical appointment with an independent specialist. This medical professional may require access to your previous medical records prior to your appointment. They would examine you at your appointment, asking pertinent questions and then they would put together a report. The report would detail your illness and the professional’s opinion on your prognosis. Courts and solicitors could use this to work out how much compensation for mould you could look to receive.

Will My Case Go To Court?

In many cases, when people claim mould compensation, their claims could be settled outside of the court. Solicitors could negotiate with the landlord, housing association or local authority for an out of court settlement. If the liable party accepts your claim and offers you a compensation settlement you are happy with, you may not need to involve the courts. However, sometimes, it may become necessary for your case to be heard in court. One of our lawyers could support you throughout this process.

Thank you for reading our guide on how to claim mould compensation.