Returning Mould and Damp: Claim Your Compensation

Damp and mould in your home can be more than a cosmetic issue, they often signal deeper structural or maintenance problems. For tenants, recurring damp and mould caused by housing disrepair can harm not only your living environment but also your health and wellbeing. Fortunately, UK laws are in place to protect tenants and ensure landlords address these issues.

If you’re dealing with persistent damp or mould in your rented property, here’s everything you need to know about your rights and how to claim housing disrepair compensation.

Why Recurring Damp and Mould Happen

Persistent damp and mould are usually signs of unresolved or poorly managed property issues. Common causes include:

• Leaks and plumbing problems: Water from broken pipes or hidden leaks can lead to damp patches and mould growth.
• Rising damp: This occurs when moisture rises from the ground into the walls, often due to a damaged damp-proof course.
• Condensation issues: Poor ventilation can cause excess moisture to build up indoors, leading to condensation and mould.
• Structural defects: Cracks in walls, damaged roofing, or poor insulation can allow damp to enter the property.

While tenants are expected to take reasonable steps to manage condensation (e.g., opening windows or using extractor fans), addressing underlying causes such as leaks and structural problems is the landlord’s responsibility.

The Impact of Damp and Mould

Damp and mould can have serious consequences for your health and quality of life, including:

• Health risks: Damp and mould exposure can cause or exacerbate respiratory issues, asthma, allergies, and skin irritation.
• Mental health effects: Living in damp and mouldy conditions can lead to stress, anxiety, and depression.
• Damage to belongings: Damp and mould can ruin clothing, furniture, and other personal possessions.
• Decline in living conditions: Persistent damp makes homes feel cold and uncomfortable, increasing heating costs and reducing energy efficiency.

For vulnerable groups, such as the elderly, children, or those with pre-existing health conditions, the risks are even greater.

Your Landlord’s Legal Responsibilities

Landlords in the UK are legally obligated to maintain rental properties in a safe and habitable condition under laws such as the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018. This includes addressing issues such as:

• Fixing leaks, damp-proofing, and resolving structural defects.
• Ensuring proper ventilation to minimise condensation and mould growth.
• Repairing damaged roofs, windows, or walls that allow water ingress.

If your landlord fails to address damp and mould after being notified, they may be in breach of their legal duties.

Steps to Take Before Claiming Compensation

To build a strong housing disrepair claim, it’s important to follow these steps:

• Document the issue: Take clear photos or videos of damp patches and mould growth, noting when the problem started and any changes over time.
• Notify your landlord: Report the damp and mould in writing and keep records of all communication.
• Keep evidence of your losses: Save receipts for any damaged belongings, additional heating costs, or medical expenses related to the issue.
• Seek professional opinions: If the damp or mould is severe, a surveyor or damp specialist can provide a report to support your claim.
• Monitor your health: If you or your family experience health issues due to damp or mould, keep medical records to show the connection.

Compensation You May Be Entitled To

When damp and mould are caused by housing disrepair, tenants may be entitled to compensation for:

• Health impacts: Covering medical costs and compensating for the negative effects on physical and mental health.
• Damaged belongings: Replacing mould-affected furniture, clothing, and other possessions.
• Reduced quality of life: Compensation for living in uncomfortable or unsafe conditions.
• Additional expenses: Covering increased heating bills or the cost of temporary accommodation, if needed.

The amount of compensation will depend on the severity and duration of the issue, as well as the landlord’s failure to act.

How SilverOak Solicitors Can Help

At SilverOak Solicitors, we understand the frustration and harm caused by recurring damp and mould. Our team of housing disrepair experts can guide you through the process of claiming compensation and ensuring your landlord takes appropriate action. We operate on a No Win No Fee basis, meaning you have nothing to lose by seeking the justice you deserve.

Contact us today at 020 8578 7778 for a free consultation. Let us help you restore your home and hold negligent landlords accountable.