Damp and Mould Claim

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:

How do I make a claim for damp or mould?

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:

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.

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 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.