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Damp House Disrepair Compensation Claims Guide – Get Free Advice On Claims

By Mark Ainsdale. Last Updated 14th March 2024. Welcome to our guide on damp house disrepair compensation claims. On this page, you will find a guide to claiming damp house disrepair compensation and the legal process used to pursue such a claim. If your health has suffered due to damp in your home, or your own possessions have been damaged by damp, this guide is for you. It covers the process of making personal injury claims against a landlord.

In case you don’t feel like reading all of this guide, you can simply give Legal Expert a call on 0800 073 8804 today, and we will talk you through the process of starting and pursuing a claim for damages against your landlord for damp.

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A Guide To Damp House Disrepair Compensation Claims

damp house claims

Damp house claims

As long as you are ready to make a claim within the personal injury claims time limit of three years, this guide is going to be useful to you. It contains information about damage to property caused by damp, as well as health-related problems that could form the basis of a claim that a personal injury lawyer could pursue on your behalf.

Once you have read this guide, you will understand the legal process that your solicitor will follow when making a claim for damp against your landlord. It contains additional information such as:

  • A full description of what damp in a home is, how it builds up from external sources of moisture.
  • A list of some of the more common reasons why damp occurs in a home or business premises.
  • A list of the effects that damp can have on the structure of your home and its fittings.
  • A list of the negative effects that damp can have on the people who are living in the affected home.
  • Information on how your landlord should affect repairs to damp and its causes.
  • An explanation of your landlord’s responsibilities when it comes to locating and fixing damp, as well as repairing the underlying problem causing the damp in the first place.
  • A list of all the most common types of damages that a person claiming for damp against their landlord might receive as part of their overall settlement.
  • A table that contains typical amounts of compensation paid for a number of injuries and illnesses that could be caused by damp in a home.
  • A full overview and introduction to the claims service operated by us here at Legal Expert that can be used by everyone in the UK to make claims against their landlord for damp. We also explain the Conditional Fee Agreement (CFA) we offer our clients.
  • A number of useful links that will give people additional information about damp and the process of making a compensation claim for it.

When you get to the bottom of this guide, you might need additional information. If you do, then please call Legal Expert on the number at the end of this page, and we will do everything we can to assist you further with any damp house disrepair compensation claims.

What Is Damp?

Issues concerning damp in your home can easily happen even without any warning signals and can do a lot of damage to your homes infrastructure. Looking for damp occurring in your home can be tricky but there are various signs and clues that you can keep an eye out for, examples being black spot mould, damp musty smells, in the more extreme cases dry rot and wet rot growth commonly on the buildings walls.

Damp is a common problem in older properties; it is caused by the accumulation of moisture either from the air or from other damage such as leaking pipes or a leaky roof. If left without repair, damp can eventually cause serious structural damage to a property, as well as destroy personal belongings and become a dangerous health hazard, more on these two risks below. Damp is usually quite simple to diagnose, as it exhibits signs such as:

  • A generally damp smell in the affected area of the house.
  • There could be black mould growing in the area most affected by damp.
  • You will find that wallpaper may come away from the wall, skirting boards may start to rot, and plaster covering walls may become soft.
  • A wall affected by damp may appear to feel damp to the touch as well.

If you have suffered due to avoidable damp that your landlord should have repaired, Legal Expert can help you to make a compensation claim. Call us on the telephone number down in the final section of this guide to find out how.

What Are The Causes Of Damp And How Do I Identify It?

Take a look at the graph and statistics above. We can clearly see that damp is a major cause of many insurance claims each year. The cost of emergency repairs alone tops out at over £15,000,000. When we answer the question, what is housing disrepair? we could say that for many people, housing disrepair result sin damp. Further questions, such as can you withhold rent for repairs? You will find a better answer in making a compensation claim against your landlord following a proper legal procedure.

Above, we covered many of the key symptoms of damp that can be used to identify the problem. Now we need to look at causes which lead to damp house disrepair compensation claims, such as:

  • Inadequate ventilation is raising the moisture level in the air.
  • Failure to provide proper vents in rooms such as kitchens and bathrooms allowing steam to form into water.
  • Leaking pipes that leave water stagnant that cannot be seen, which adds to the moisture content of the air.
  • Actions such as drying wet clothing indoors, which will allow the water in the clotting to evaporate into the air.
  • Having too many plants inside the house, which will naturally raise the moisture level in the air.

These are just some of the ways that damp can be caused, many of these would be the responsibility of your landlord to address, and as such, could form the basis of a compensation claim. Call Legal Expert on the telephone number at the end of this guide to find out how.

What Effect Can Damp Have On Your Home?

When you try to claim compensation for mould and damp, how much compensation for housing disrepair you receive will depend entirely upon how serious the damage to your home or business premises actually is.

In the mildest cases, damp will damage wall coverings, and the plaster on the wall, both the final fine plaster and also the base rendering, which will need to be cut back and repaired.

Damp can also rot wood very quickly; the combination of damp and a warm home is a recipe for rapid decay in even the hardest wood. A dehumidifier will need to be used to dry out the affected wood, and then a decision made whether to attempt a repair or to replace it fully.

If left too long, damp can even rot cement. This means that damp could eventually lead to your property becoming structurally unsound and unsafe to live in, repair costs would be very high in this case.

If your home has suffered damage due to damp, you could be able to claim the repair cost back from your landlord. Call Legal Expert on the telephone number in the last section of this guide to find out if you can in your own case.

What Effect Can Damp Have On Your Health?

Above, we covered the effects that damp can have on your home. In this section, we take a look at what can damp do to your health which could result in making damp house disrepair compensation claims. To answer the question, can you claim compensation for mould? Yes, if your health has been negatively affected by mould in your home, you may be able to make a claim against your landlord.

Damp causes a number of health problems and is especially dangerous to babies, infants, elderly people or those that are suffering from some form of respiratory ailment. People with asthma will also be at serious risk of developing very bad asthma symptoms, life-threatening in the most serious of cases.

If your health has been harmed by damp that your landlord is responsible for, then you could be able to claim compensation. Call Legal Expert on the number down at the bottom of this page to proceed with a claim for damp.

How Should Your Landlord Treat Damp?

When it comes to claiming compensation from landlord, or making other housing compensation claims for damp, it needs to be proven that the building owner failed in their duty to make proper repairs in a timely manner.

Curing damp starts with a damp survey, to find out how bad the damp is and also uncover the underlying cause of the damp in the first place. Once this survey is completed, you will know how the damp was caused.

Treatment for damp takes many forms, form simply drying out the affected area using a dehumidifier to massive heavy construction projects to replace load bearing members that have rotted due to the damp.

Your landlord should have paid for these repairs; if you paid for them yourself, the Legal Expert could help you to claim the cost back from your landlord. Call us on the telephone number down at the end of this page to find out how.

What Responsibilities Does A Landlord Have To Treat Damp?

In many cases, you can claim for landlord compensation for inconvenience and for housing disrepair damages when damp has caused damage to your property or harmed your health. Your landlord has some clear responsibilities when it comes to damp.

The legal obligations of your landlord regarding repairs are laid out in Section 11 of the Landlord and Tenant Act 1985. Under this legislation, your landlord must:

  • Repair the outside and structure of the property.
  • Maintain key services including electricity, gas and water.
  • Maintain essential services including home heating and water heating.

Damp would fall under the first of these responsibilities as it will eventually affect the structure of the property if it is left untreated. Furthermore, under the Housing Health and Safety Rating System (HHSRS) damp is actually listed as one of the most important of all mandatory repairs that a landlord must make to a property both promptly and effectively, due to the health hazard that the effects of damp, such as mould, can cause.

If you believe that your landlord has failed in his legal obligations of repair and maintenance of the property, then Legal Expert may be able to help you claim compensation for any property damage or health problems, including medical negligence. Call us on the telephone number down at the end of this page to find out if this would be possible for your particular damp house disrepair compensation claims.

What Can I Claim If Damp Has Affected My Health Or Personal Property?

You could use a housing disrepair compensation calculator to get a general idea of how much you might claim in compensation for damage to your property or health caused by damp. However, a disrepair calculator will not detail the types of specific damages you might be able to claim, which could include but not be limited to:

Damages Related to Property Damage

If mould has damaged your private property, you could claim compensation for things such as:

  • Damage to soft furnishings such as curtains, cushions and carpets.
  • Damage to furniture such as leather sofas or reclining chairs.
  • Damage to clothing that has been infected with mould.
  • Damage to electrical items that have been damaged by damp.
  • Damage to expensive decorations such as paintings, prints, etc.
  • Replacement of bedding that has been damaged by damp or mould.

Damages Related to Health Problems

If your health has been affected by damp or mould, then you will claim both general and special damages, thus:

  • General damages (physical):
    • Permanent disabilities
    • Long, painful recovery
    • Psychological injuries
    • Pain and suffering
  • Special damages (financial):
    • Lowered prospects of future earning potential
    • Loss of historical earnings
    • Care and nursing costs
    • Medical fees.
    • Travel costs

These are the most typical types of compensation and damages that your final settlement for damp or mould compensation could include. If you give Legal Expert a call in the phone number in the last section of this damp house disrepair compensation claims guide, we will be able to give you a much more accurate indication of the types of damages you might be able to claim for in your own specific case.

Damp House Disrepair Compensation Calculator

We have purposefully not included any form of automated personal injury claims calculator on this page; these are simply inaccurate gimmicks designed to give claimants an inflated idea of how much they might claim in compensation. Instead, we have given these accurate figures that people could receive as compensation for a personal injury claim based on solid, historical date:

Edit
Medical condition Severity Info Payment
Illness Minor With this medical condition, people would suffer from symptoms such as fever, diarrhoea, nausea, sickness, muscle or abdominal cramps, etc. These symptoms would last for the short-term. £860 – £3,710
Illness Moderate With this medical condition, people would suffer from symptoms such as fever, diarrhoea, nausea, sickness, muscle or abdominal cramps, etc. These symptoms would last for the medium-term. £3,710 – £8,950
Illness Moderate to severe With this medical condition, people would suffer from symptoms such as fever, diarrhoea, nausea, sickness, muscle or abdominal cramps, etc. These symptoms would last for the medium to long-term. £8,950 – £18,020
Illness Severe With this medical condition, people would suffer from symptoms such as fever, diarrhoea, nausea, sickness, muscle or abdominal cramps, etc. These symptoms would last for the long-term. £36,060 – £49,270

If you were to call Legal Expert on the phone number down in the final section of this guide, once we know a little more about your own specific case, we will be able to give you a much more accurate and personalised idea of how much you might receive as your final damages settlement.

No Win No Fee Damp House Disrepair Compensation Claims

If you need to make a compensation claim for property disrepair and dampness, here at Legal Expert, we believe that we offer the simplest, most effective solution to making such a claim.

Our No Win No Fee claims service makes it possible for people to make a claim against their landlord in an entirely financially risk-free way. Under this scheme, there is zero cost for us to actually begin making a claim for you, and even if it takes many months to resolve your claim, we won’t ask you to contribute to the legal costs in any way. And if for some reason, we are unable to claim compensation for you, then we will wipe the slate clean and charge you nothing. If we do win you’re a compensation payment though, we will then expect you to pay your legal costs.

Call Legal Expert on the number below to find out more about the national claims service we operate.

Why Make A Claim For Damp Against Your Landlord With Our Team?

As part of our national claims service, Legal Expert can pair you up with a personal injury solicitor who is experienced and capable at making damp house disrepair compensation claims. This will give you the best possible chance of being successful in your claim and receiving the maximum level of compensation possible.

Our Legal Team is always on hand, just a phone call away, to answer any questions about your claim you may have, and what we are doing on your behalf towards securing a compensation payment for you as quickly as possible.

If you would like to learn more about the service we offer our clients, call us at the number below, and we will talk you through the process of starting a damp claim against your landlord.

Talk To The Experts Today

Do you believe that you have a valid reason to make a damp claim against your landlord for damage to your property or health? If so, call Legal Expert today on 0800 073 8804 so that we can give you some free legal advice on what we think you should do, and to help you begin any damp house disrepair compensation claims.

Useful Links

Below, you will find a link that will send you to a UK Government run website that covers everything about the Section 11 of the Landlord and Tenant Act 1985:

Full UK Government provided information about Section 11 of the Landlord and Tenant Act 1985

Below, you will find a link that will send you to a UK Government run website that covers everything about the Housing Health and Safety Rating System (HHSRS):

Full UK Government provided information about the Housing Health and Safety Rating System (HHSRS)

Below, you will find a link that will send you to a full guide to the process of making compensation claims against a landlord:

A guide to making landlord claims

Below, you will find a link that will send you to a full guide to the process of making compensation claims for personal injuries in a rented property:

A guide to rented property injury claims

Damp House Disrepair Compensation Claims FAQs

How long does a housing disrepair claim take?

Once you send a Letter Of Claim, the landlord generally responds to this inside 20 working days of receiving it.

How much compensation can I get for housing disrepair?

You should expect to receive between 25-50% of the rent as compensation, though this could rise to 100% in extremely uninhabitable locations.

How do I make a claim against my landlord?

This is achievable by writing a formal complaint letter to the landlord.

Can I sue the council or housing authority for emotional distress?

It is possible to sue a local authority for “injury to feelings” so long as you have sufficient supportive evidence.

Can I claim rent back from my landlord?

Tenants could attempt to reclaim rent for up to 12 months if the situation calls for it.

How do you deal with an unreasonable landlord?

You should remain calm and reasonable while reminding them of the lease agreement, and speak to their superiors if necessary.

What kind of damages are emotional distress?

Emotional distress comes under general damages, as they represent a psychological consequence of your accident.

What is considered uninhabitable living situations for a tenant?

This includes anything dangerous, including wiring on show, holes within the floors and air conditioning becoming too hot during warmer temperatures, as well as pest infestations.

Thank you for reading our guide about damp house disrepair compensation claims.