Damp and mould compensation may be available where a landlord has failed to address conditions within a rented property that have led to dampness, mould growth or related damage. A tenant may be able to bring a housing disrepair claim for the property’s condition itself, even if no illness has developed. If exposure to damp or mould has caused health problems, a personal injury claim may also be possible. Claims may arise where a landlord was made aware of disrepair within a rented property and failed to take reasonable steps to resolve it, such as repairing a leaking roof. Compensation can reflect the impact of the disrepair on your living conditions and, where relevant, any harm or financial losses resulting from it. Our solicitors will examine your situation carefully, and eligible claims are handled on a No Win No Fee basis.

Here at Accident Claims, our specialist housing disrepair solicitors understand how damp and mould can affect daily life. When you are facing ongoing health issues or the disruption caused by living in unsafe conditions, you deserve legal support that prioritises your wellbeing from the outset. With decades of experience and in excess of £100 million in compensation won, our trusted legal specialists provide straightforward legal guidance tailored to your circumstances.

When we investigate a damp and mould case, we focus on how the problem developed and what the landlord knew at each stage. By tracing that timeline, our solicitors aim to establish whether delays or inadequate repairs contributed to the losses or harm you have suffered. We offer a free consultation service, where you can explore your options without any pressure to pursue a housing disrepair claim, a separate personal injury claim, or both. Speak to an advisor today to discuss your circumstances at your convenience.

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Jump To A Section 

  1. What Is A Damp And Mould Compensation Claim?
  2. Can You Claim Compensation For Damp And Mould?
  3. What Causes Damp And Mould In Properties?
  4. Who Is Responsible For Damp And Mould In A Property?
  5. What Health Problems Can Damp And Mould Cause?
  6. What Evidence Is Needed For A Damp And Mould Claim?
  7. How Much Compensation Could You Receive For Damp And Mould?
  8. How To Make A Damp And Mould Compensation Claim
  9. Is There A Time Limit To Make A Damp And Mould Claim?
  10. Start Your Damp And Mould Compensation Claim With Accident Claims
  11. More Information

What Is A Damp And Mould Compensation Claim?

A damp and mould compensation claim is a type of legal action a tenant can take when unresolved dampness has damaged their rented home. The purpose of the claim is to seek redress for the consequences of the problem and encourage the landlord to address the underlying cause.

Where damp or mould has led to a recognised medical condition, it may also be possible to pursue a separate personal injury claim. In these circumstances, compensation can reflect the harm suffered as well as the impact on the person’s wellbeing.

Get in touch with our specialist housing disrepair solicitors to find out which type of claim may apply to your circumstances and what steps could be taken to move the matter forward.

Rising damp and mould on a wall in a home.

Can You Claim Compensation For Damp And Mould?

Yes, you can claim compensation for damp and mould if your landlord failed to address a problem they were responsible for dealing with and you experienced damage to property or health problems as a result. Whether a claim is possible will depend on the circumstances of the case.

Claiming For Property Disrepair

Property disrepair compensation can cover damage linked to damp or mould where the problem came from repairs that the landlord was responsible for carrying out. Landlords are responsible for certain repairs under the Landlord and Tenant Act 1985:

  • The structure and exterior of the property, including issues affecting walls, roofs and external pipework.
  • Installations that supply essential services, such as water, gas, electricity and sanitation.
  • Heating and hot water systems, where faults affect the proper functioning of the property.

If any of these problems caused damp and mould in your rental property and this damaged your personal belongings, your landlord could be liable for compensation. 

Claiming For Injuries Caused By Damp And Mould

You can claim compensation for injuries caused by damp and mould if exposure to the disrepair resulted in a recognised illness or injury. Under the Defective Premises Act 1972, a landlord may be liable if they knew or should reasonably have known about a defect and failed to address it. In addition to showing that the disrepair existed, it must also be possible to demonstrate that it caused the condition being claimed for.

Speak with our advisors today to understand whether you may be eligible to pursue damp and mould compensation.

What Causes Damp And Mould In Properties?

Leaks and defective brickwork are common causes of damp and mould in properties because they allow moisture to enter the home or become trapped inside it. When we review housing disrepair claims, we focus on whether the underlying issue points to a repair defect your landlord knew about, or should reasonably have investigated and resolved, such as:

  • Water entering the property because repairs have not been carried out.
  • Faults affecting the building that allow moisture to accumulate.
  • Defects that prevent the property from remaining dry and properly maintained.
  • Problems with ventilation that contribute to persistent damp conditions.

Can Damp And Mould Be Caused By Tenant Behaviour?

Yes, tenant behaviour can sometimes contribute to damp or mould, but this does not automatically relieve landlords of responsibility. For example, the tenant may hang their laundry within the property to dry, but the landlord may have failed to address a leak. In this scenario, we would aim to separate the effect of ordinary household moisture from the consequences of repairs the landlord failed to carry out.

Get in touch today to discuss your situation and find out if you can start the damp and mould housing disrepair claims process with our support.

Who Is Responsible For Damp And Mould In A Property?

Responsibility for damp and mould will depend on who was liable for repairing the underlying problem. Establishing this is often one of the most important parts of a housing disrepair claim, and our specialist housing disrepair solicitors can assess who was responsible for maintaining the property and whether they failed to meet those obligations.

Potentially responsible parties can include:

  • Private landlords who failed to address a repair issue affecting the property.
  • Housing associations responsible for maintaining social housing.
  • A local authority where the property is owned and managed by the council.

Landlord Responsibilities For Damp And Mould Repairs

Landlords are responsible for keeping certain parts of a rented property in good repair and proper working order. These legal duties often extend to issues affecting the building’s structure and essential systems that may contribute to dampness if not properly maintained.

Where damp or mould develops because a repair issue has not been addressed, we can assess whether the repairs required fell within the landlord’s responsibilities and whether appropriate action was taken once the problem became known. This includes examining when the issue was reported and whether the remedial work arranged was suitable for the level of disrepair.

If there is evidence that necessary repairs were not carried out, tell us about your situation in confidence. We are here to provide clarity and help you take your first steps towards pursuing damp and mould compensation.

Leaking external pipes on a brick house surrounded by green mould.

What Health Problems Can Damp And Mould Cause?

Damp and mould can cause breathing difficulties and a range of other health problems, particularly with prolonged exposure. Existing health conditions can also become worse following prolonged exposure.  

If you are claiming for illness caused by damp and mould exposure, we will draw on our experience to assess the impact of:

  • Respiratory problems: Damp and mould can affect the lungs and airways, causing symptoms such as breathlessness or persistent coughing.
  • Respiratory infections: Continued exposure may contribute to infections becoming more frequent or harder to recover from.
  • Allergic reactions: Mould spores and airborne particles can trigger allergic symptoms, including serious reactions in some cases.
  • Asthma symptoms: This may involve worsened symptoms or an increased risk of asthma attacks.
  • Skin conditions: Including irritation and flare-ups of existing conditions such as eczema.
  • Eye irritation: Such as redness or watering eyes.
  • Mental health impacts: Living with persistent damp and mould can affect wellbeing, particularly when the problem disrupts sleep or enjoyment of the home.

Speak to Accident Claims today for a free consultation and find out whether you could be eligible to claim compensation.

What Evidence Is Needed For A Damp And Mould Claim?

The evidence needed for a damp and mould claim will depend on whether you are pursuing a housing disrepair claim, a personal injury claim, or both. Our specialist housing disrepair solicitors can identify what evidence may be relevant to your case and help obtain documents and records that support your claim. This may involve focusing on: 

  • Photographs of the damp or mould – Our solicitors can advise on the types of photographs that may be most useful.
  • Correspondence with your landlord – We’ll review any communication with your landlord to establish whether they had sufficient notice of the damp problem.
  • Records of repair requests and complaints – Our team can obtain copies of relevant records and use them to assess whether the landlord acted within a reasonable period.
  • Copies of complaints to the Housing Ombudsman (if you made any).
  • Tenancy documents – The tenancy agreement can help clarify who was responsible for repairing the underlying cause of the damp or mould. 
  • Surveyor or inspection reports – Professional reports can help identify the source of the dampness and whether remedial work was required. Our solicitors can obtain and review this independent expert evidence where needed.
  • Evidence of damaged belongings – Photographs, receipts and other records can help us demonstrate how the damp or mould affected your possessions. 
  • Medical records – If damp or mould exposure has affected your health, medical records can help establish the nature of the condition and any treatment received. 

Our specialist housing disrepair solicitors can review the available evidence and assess whether it supports a claim for compensation. Speak to Accident Claims today for a free consultation and find out how we could help gather the evidence needed to support your claim.

How Much Compensation Could You Receive For Damp And Mould?

How much damp and mould compensation you could receive will depend on the illness caused by the exposure and the effect it has had on your life. Our specialist housing disrepair solicitors can assess the medical evidence and consider how the condition has affected you when valuing your claim.

Compensation for an illness caused by damp or mould falls under general damages. This part of a claim is intended to compensate for the pain, suffering and the effect it has on your ability to enjoy everyday activities and live as you did before.

Our solicitors often use the Judicial College Guidelines (JCG) when assessing illnesses linked to damp and mould exposure. The JCG contains guideline compensation brackets that help legal professionals value personal injury claims. We’ve provided some of the publication’s brackets in the table below. 

The first row in the table below is not taken from the JCG, while the remaining figures are provided for illustration only.

IllnessDetailsCompensation Guideline
Multiple Severe Illnesses And Related CostsVery severe illness alongside costs related to medical expenses, lost income and remedial, out of pocket housing work.Up to or more than £250,000
Lung Disease - Serious Disability With Progressive SymptomsSignificant breathing impairment, prolonged coughing, sleep disturbance and restrictions on physical activity and employment.£72,430 to £92,520
Lung Disease - Breathing Difficulties Affecting Daily LifeOngoing breathing difficulties requiring frequent use of an inhaler and having a significant effect on social and working life.£41,370 to £72,440
Asthma - Severe And Permanent Disabling AsthmaSevere asthma causing regular coughing, disturbed sleep and substantial restrictions on physical activity and employment prospects.£56,890 to £86,860
Asthma - Chronic AsthmaPersistent asthma symptoms causing breathing difficulties and affecting employment prospects, with an uncertain prognosis.£34,740 to £56,820
Asthma - Bronchitis And WheezingSymptoms affecting working or social life, with the likelihood of substantial recovery within a few years.£25,370 to £34,740
Asthma - Relatively MildAsthma-like symptoms caused by exposure to an irritant, with recovery expected.£14,060 to £25,370
Dermatitis And Other Skin Conditions - Dermatitis Affecting Employment And Daily ActivitiesDermatitis causing cracking and soreness that affects work and domestic activities.£18,150 to £25,370
Dermatitis And Other Skin Conditions - Continuing Symptoms Requiring TreatmentDermatitis affecting one or both hands for a significant period but expected to settle with treatment.£11,420 to £15,080

What Can Compensation Cover In Damp And Mould Claims?

Compensation in damp and mould claims can cover financial losses arising from disrepair or any related illness. These losses fall under special damages, and we can assist with identifying the evidence needed to value and include these costs in your claim. This could include receipts and bank statements for costs related to:

  • Damaged belongings, such as furniture or bedding.
  • Medical expenses incurred due to exposure to damp or mould.
  • Loss of income due to mould-related illness, including reduced earning capacity.
  • Travel expenses for additional journeys connected to treatment for breathing issues or other medical conditions caused by the disrepair.
  • Care costs if illness is linked to damp or mould, whether provided by friends and family or by professional carers. 

Speak with Accident Claims today to learn more about how our solicitors can value your damp and mould compensation claim.

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How To Make A Damp And Mould Compensation Claim

Making a damp and mould compensation claim involves documenting the problem, notifying your landlord and preserving evidence. Our specialist housing disrepair solicitors can then assess whether you could pursue a housing disrepair claim, a personal injury claim, or both.

Below, you will find an infographic that explores some of the steps you can take to support the claims process.

Step by step infographic about claiming damp and mould compensation.

If you have any questions about this process, please speak to a member of our advisory team now. 

Is There A Time Limit To Make A Damp And Mould Claim?

Yes, there are time limits for making a damp and mould claim, but the applicable deadline will depend on whether you are pursuing a housing disrepair or personal injury claim, or both. Because limitation periods can affect your right to seek compensation, it is important to obtain legal advice as soon as possible. Our specialist housing disrepair solicitors can explain the relevant deadline and ensure any claim is started within the appropriate limitation period.

Personal Injury Claims

If damp or mould exposure has caused a recognised illness, a personal injury claim will usually need to be started within 3 years of the date you became aware that the condition was linked to the exposure. Exceptions can apply where claimants cannot manage the legal process for themselves, and our specialist housing disrepair solicitors can explain whether any are relevant to your case.

Housing Disrepair Claims

Housing disrepair claims generally have a limitation period of up to 6 years. However, delays can make it more difficult to obtain evidence and establish the extent of the disrepair. Our specialist housing disrepair solicitors can review the history of the problem and advise on the applicable time limit.

Speak to Accident Claims today to find out whether you could still be within the time limit to pursue compensation.

Start Your Damp And Mould Compensation Claim With Accident Claims

With extensive experience in housing disrepair claims, Accident Claims understands how quickly damp and mould can move from an inconvenience to something that changes how you live in your home. We consider how the problem developed over time, from rooms becoming harder to use to conditions that began affecting your wellbeing.

How Accident Claims Can Help With Your Damp And Mould Claim

Accident Claims’ solicitors can help with your damp and mould claim by providing tailored legal support and guiding your case with care from the first assessment onwards. Our services include:

  • Reviewing the history of repair reports to assess whether there were unreasonable delays in addressing the damp and mould.
  • Challenging disputed explanations where the landlord attributes the problem to tenant behaviour rather than the condition of the property.
  • Calculating compensation for periods spent living with unresolved damp and mould and reviewing the impact the disrepair had on your enjoyment of the home.
  • Liaising directly with the landlord’s legal representatives to progress the claim and seek a resolution on your behalf.
  • Negotiating a settlement that reflects the period of disrepair and the effect it had on your use of the property and your health. 

No Win No Fee Damp And Mould Compensation Claims With Accident Claims

You could pursue a damp and mould compensation claim on a No Win No Fee basis with Accident Claims’ specialist housing disrepair solicitors through a Conditional Fee Agreement (CFA). It means you do not pay for your solicitor’s work before your claim begins or while it is ongoing. If the claim does not succeed, these solicitor service fees will not be payable.

Should compensation be recovered, a success fee will be deducted from the compensation. This fee is a capped percentage that is limited by the law. Additionally, your solicitor will fully explain it to you before the agreement is signed, keeping you fully informed, while the limit ensures that you keep the majority of your compensation. 

Contact Us

Contact Accident Claims today for a free consultation. You will have the chance to talk through what has happened so far and explain how the damp and mould have affected your health or home. From there, we can give you clear guidance on whether you could start a damp and mould compensation claim: 

A woman holding a phone in front of a laptop making a housing disrepair claim.

More Information

Here are some more guides from Accident Claims:

These external links might be useful:

Get in touch to seek legal advice from our solicitors about claiming damp and mould compensation.