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Claiming For Penetrating Damp Guide – How Much Compensation Can I Claim?

Penetrating damp

Penetrating damp

By Mark Atkins. Last updated 12th May 2021. Welcome to our guide on claiming compensation for penetrating damp. If you have penetrating damp within your home, and your landlord has not taken any action, there is a very high chance that you are going to be entitled to compensation. This is even more so the case if you have suffered an illness or injury because of the damp.

Here at Legal Expert, we have many years of experience when it comes to penetrating damp claims, and we can help you to get the compensation you deserve. However, when it comes to claiming for penetrating damp, it is important that you take all of the right steps as a tenant so you can increase your chances of getting a payout. This is something we assist you with as part of this guide.

Plus, you can also give us a call if you have any queries or you would like to start the claim process. The number you need is 0800 073 8804. Please note that all of our legal advice is provided free of charge and there is no obligation to continue with our service. Nevertheless, before you give us a call, please read on to find out everything you need to know about launching a claim for penetrating damp.

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A Guide To Penetrating Damp Claims

We aim to answer any queries you may have about claiming compensation for penetrating damp and general points about penetrating damp claims in this guide. This includes the following: Does building insurance cover penetrating damp? Damp can you claim on house insurance? How long do you have to make a claim for penetrating damp? How much compensation will you get if you decide to make such a case? What are the steps you need to take to make sure that a penetrating damp claim is successful? The list goes on and on! If you have any queries by the time you finish reading this guide, please do not hesitate to use our contact information at the end of the post to get in touch and we would be more than happy to help you.

What Is Penetrating Damp?

Penetrating damp is rain penetration through masonry. It is a problem experienced in many buildings, especially those featuring solid wall construction. Some of the symptoms of penetrating damp are as follows…

  • Brick damage
  • Moss
  • Mould
  • Wet rot
  • Plaster damage
  • Localised dampness

Causes Of Penetrating Damp

There are many different causes of penetrating damp. If you feel it has already become a serious problem within the property you live in, one of the first things you need to do is determine why you are suffering from this issue. After all, you cannot treat the problem if you have not identified the cause. In most cases, there is one of three reasons why a property has penetrating damp. These are as follows:

  • Leaking water from damaged downpipes and gutters
  • Gaps in doors and window frames
  • Leaking walls

Though doors, windows, drains, and gutters can be fixed with relative ease, one thing that can be rather problematic is dealing with leaking walls.

This could happen because the bricks that were utilised to build your property have become porous and old, which means they almost act like a sponge, allowing water to get into your property. You could replace the bricks, however, this is a very hassle-filled approach and a costly one too. A lot of people decide to paint the bricks with a lime wash or an exterior silicone water-repellent fluid. The purpose of this is to prevent the water from getting into the property while allowing the walls to still breathe.

Issues with your cavity walls could also be to blame for letting penetrating damp into your property. To make sure there is enough space for any moisture coming through the exterior walls, so it will evaporate before getting to the inner wall, most modern properties today usually have a cavity between two walls. Nevertheless, the effectiveness of this can be influenced by whether or not pipework or a window ‘interrupts’ the wall. And the circumstances could influence the process for you to be claiming compensation for penetrating damp.

Penetrating Damp Health Risks

A lot of people are unsure as to whether there are any health risks that are associated with penetrating damp. The truth is that you are much more likely to suffer from asthma, allergies, respiratory infections, or respiratory problems if you have damp in your home. You could also experience negative effects on your immune system. As you can see, penetrating damp health risks are varied.

It impacts your health because it produces allergens, irritants, and sometimes toxic substances. If you inhale any of these, you could experience asthma attacks and/or an allergic reaction.

Some people are more sensitive to the impact of penetrating damp than others. This includes:

  • Those with a weakened immune system
  • Those with respiratory problems, such as asthma and allergies
  • Those with existing skin problems, such as eczema
  • Elderly people
  • Babies and children

Claiming If The Penetrating Damp Is Not Your Fault

If you live in a rental property, it will typically be the landlord’s responsibility to fix the penetrating damp problem. This is because such an issue tends to be caused by external factors. It is very rarely caused because of something that the tenant has done. The best thing to do is contact your landlord and explain the issue. If you do not get the response you had hoped for, put the communication into writing. If your landlord refuses to fix the issue, he or she should write to you and explain why.

If their reasoning does not seem valid, you will have the grounds to claim. Don’t go ahead with DIY penetrating damp solutions if you do not get the response you had hoped for. The last thing you want to do is potentially make the issue even worse and then find yourself in trouble. However, if you do get a professional in because your landlord has refused to assist, you will find that you can recover the costs for this when making a successful claim. Speak to us if you have any further questions about claiming compensation for penetrating damp.

Landlord Maintenance Responsibilities For Damp

When people call us regarding penetrating damp claims covered by insurance, they often tend to ask us who is responsible. There is a lot of confusion surrounding this. This largely stems from the fact that damp can be caused in many different ways. Providing the correct fix is hard without getting a professional in. From a legal standpoint, if the professional determines that penetrating or rising damp is the issue, the landlord will need to solve the problem. This is because problems with the structure of the property are to blame, and this is nothing to do with the tenant.

So, when could the tenant become responsible? The tenant could be to blame if their lifestyle has caused the issue. However, this only tends to happen for cases whereby condensation has caused the damp.

As a tenant, there are a number of things you can do in order to keep condensation under control, for example, dry washing outside or open windows. Nevertheless, as mentioned, when it comes to penetrating damp, in particular, this is something that is out of your control because of the nature of this sort of damp. Therefore, your landlord has a legal responsibility to rectify the problem. He or she does not have a legal responsibility to make any property improvements, though.

If your landlord is failing to accept responsibility for the penetrating damp and refusing to do anything to solve the issue, please do not hesitate to get in touch with us here at Legal Expert. We will advise you on the best steps to take next so that you can get the issue resolved as soon as possible and get the compensation you deserve.

What Damages Can You Get When Claiming For Penetrating Damp?

When claiming for penetrating damp, you will be able to claim for any injuries you have sustained as a consequence of the condition of your rental property. It is important to recognise that this relates to both the physical and psychological injuries that have been sustained.

It is vital to recognise that you will not only be claiming for injuries you have suffered, but you can also claim for special damages. Some common examples are as follows…

  • Medication costs
  • The cost of visiting the hospital
  • Loss of income
  • Penetrating damp cost to fix
  • Replacing any furniture that has been damaged
  • Assistance with domestic chores
  • Childcare cost
  • The cost of travelling
  • Any expenses associated with adapting your accommodation
  • Counselling expenses

The only thing you need to do is make sure you keep proof of these expenses if you are to be claiming compensation for penetrating damp.

Time Limited On Penetrating Damp Claims

It is important to make a claim when you feel you are ready. If you have been seriously injured or you are feeling emotionally traumatised from the accident you have been involved in, there is no denying that you will want to focus on the recovery process first and foremost. It is crucial to put yourself first at a time like this.

However, as soon as you are ready you should begin the claim proceedings. There are many benefits associated with claiming quickly. Of course, there is a three-year personal injury claims time limit on all personal injury cases, and while three years does seem like a long time, court proceedings will need to be issued within this period. Also, as they say, time really does fly.

Nevertheless, you will also find it much easier to claim the sooner you do it. This is because the details will be as clear as possible, and thus you will be able to recall the circumstances more effectively. Not only this, but it will be a lot easier to gather evidence too, such as witness statements.

Penetrating Damp Claims Calculator

It is vital to recognise that every case is unique. You may have suffered a minor injury while someone else may have suffered a major injury. You may have required counselling to help with getting over the trauma of the incident whereas someone else may not have had this expense to contend with. It is impossible to give you a definitive answer regarding how much you could be entitled to without knowing the specifics of your case. Even if you have used a personal injury claims calculator, please note that such a tool can only ever give you a very rough estimate. You should never pin your hopes on the figure it provides you with. The best thing to do is refer to the table below, as you can see the average payout received for injuries that are typically related to penetrating damp.

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What sort of injury has been suffered? Notes: The average payout for this sort of injury:
Asthma Mild asthma, chest problems, colds, and bronchitis. Up to £4,830
Asthma Relatively mild asthma-like symptoms. £9,990 to £18,020
Asthma Wheezing and bronchitis, which has an impact on social life or working life. £18,020 to £24,680
Asthma Chronic asthma, which results in trouble breathing. £24,680 to £40,370
Asthma Permanent and severe disabling asthma, which restricts employment prospects and life enjoyment. There will also be a severe impairment of physical activity, sleep disturbance, and regular and prolonged coughing. £40,410 to £61,710

If the injury you have sustained is not featured in the table above, this does not mean that you cannot launch a claim. You can, most certainly, go ahead with the claim. The best thing to do is give us a call to find out how much you may receive when claiming compensation for penetrating damp.

No Win No Fee Penetrating Damp Claims

When narrowing down your search for a personal injury lawyer, one of the first decisions you need to make is whether to go for a solicitor that charges by the hour or works to a No Win No Fee payment structure. We will reveal the reasons why a No Win No Fee solicitor is the much better option.

Financial risk is eliminated

There is only one place to begin and this is with the fact that financial risk is eradicated when going down this route. You do not need any money to begin making your claim. Moreover, you pay relative to the outcome of the case. If you were to go for a solicitor that charges by the hour there is always the risk that you are going to spend a huge sum of money only to lose your case. Is this something you can really afford?

Better level of service

This payment structure is certain to result in a better level of service for all personal injury claims. This is because the accident solicitor is going to be impacted by the outcome of your case. Therefore, you can be confident that your personal injury claim is going to get the level of attention it deserves. In addition to this, you can be certain that a solicitor will never take on your case simply to take your money. If they don’t think your claim is strong they won’t waste your time or theirs.

Peace of mind

Both benefits come together to give you peace of mind in what is undoubtedly a stressful time in your life. You can focus on getting better whilst knowing that your claim is being handled effectively.

Here at Legal Expert all of our solicitors work on a No Win No Fee basis. And you can benefit from this service when claiming compensation for penetrating damp.

Why You Should Make Your Claim With Us?

No matter what has happened to you, if the incident was not your fault, you should definitely make a personal injury claim. This is something Legal Expert can assist you with.

Read on to discover why you should use our service when you need a personal injury solicitor…

  • No Win No Fee – All of our solicitors work on a No Win, No Fee This presents you with many benefits to take advantage of. First and foremost, you will not need any money to begin making your claim. Aside from this, financial risk is eliminated, as you pay in relation to the outcome of your case. This ensures you benefit from the best possible service, as our solicitors are impacted by the outcome of your case.
  • We Won’t Waste Your Time – If your case is unlikely to result in compensation we won’t waste your time.
  • A Company You Can Trust – Legal Expert has an impeccable reputation in the industry. We were established many years ago, and since then we have helped thousands and thousands of personal injury victims to get the compensation they deserve. All you need to do is take a look at reviews we have received.
  • Legal Helpline – Our helpline is available every day of the week, and our legal advice is free. If you are wondering whether you have the basis for a claim, or you have any other questions, please do not hesitate to get in touch. We will then match you to the best Legal Expert personal injury lawyer for your requirements specifically.

If you need help with claiming for penetrating damp, there is no better company than Legal Expert. With our experience, resources, and friendly approach, you can be sure that your case will be handled as swiftly, smoothly and successfully as possible. Get in touch today about claiming compensation for penetrating damp.

Speak To Legal Expert Today

So, what do you need to do to make a claim? Luckily, this is really easy. All you need to do is give us a call on 0800 073 8804. When you do this, you will speak to one of our friendly and professional advisors, who will answer any queries or concerns you may have. They will then also ask you a few questions so that they can determine the strength of your case. If they conclude that you have a strong case, they will then match you to the best solicitor on our team based on the specifics of your case. The solicitor will then work hard to secure compensation in the most efficient manner, with a lot of cases being resolved over the phone.

It is highly unlikely that you will have to go to court, as it is in the interest of both parties to settle things without a trial. However, we will explain all of this in further detail when you ring us on our helpline, which is available from 9.00 a.m. until 9.00 p.m. Monday through to Sunday. We also have a live chat facility on our website and you can head to our contact page to find other ways to get in touch with us to begin claiming compensation for penetrating damp.

Resources And Useful Links

We hope that you have found this guide helpful and that you have all of the information you need to launch a strong case. Nevertheless, if you still require further details, the links below may be useful to you.

Looking at claiming against the council for housing issues that have caused damage/injury– This link takes you to our guide on council house disrepair claims, covering a wide range of compensation cases.

Disrepair Information for those looking tomato claims– This link takes you to our guide on housing disrepair compensation claims in general.

NHS Information on damp and the health issues it can cause to health– This link takes you to the NHS website whereby you will find information on damp and mould and the impact on health.

Claiming Compensation For Penetrating Damp FAQs

How much compensation can I get for damp?

You’re likely to receive 25%-50% of your claim for damp. But if the property has no hot water or heating with the damp being very bad, you may receive 100%.

Does building insurance cover penetrating damp?

The vast majority of building and contents insurance policies don’t cover penetrating damp. But home insurance does note you to agree that the house should be in a “good condition”. And the presence of mould may contradict this.

Do landlords have to fix damp?

It is the landlord’s responsibility to handle rising damp. If they fail to do so and a resident is hurt, then they could be liable for a claim.

Can you sue for mould?

Yes, but only if you suffer an injury due to the mould, and with the landlord having prior knowledge of the mould but choosing to take inappropriate action or no action at all.

Who is responsible for damp in a leasehold flat?

The freeholder is the person that holds liability in this scenario.

Is it illegal to paint over mould?

It isn’t illegal, but it may not work, as mould can grow through paint, thus making the problem even worse.

Do damp walls dry out?

They do dry out, but this could take weeks or perhaps months depending on how wet they are.

How do you get rid of mould on walls permanently?

Use a damp cloth to mix one level of bleach with four levels of water, and then gently scrub to wipe away the mould. Afterwards, you should use a soft cloth to dry the wall.

Thank you for reading our guide about claiming compensation for penetrating damp.