Living in sub-standard conditions can make home life a misery. Damp and mould spores can also severely impact your health in a way that causes long-term problems or worsens pre-existing ones, like asthma. Negligent landlords, councils or housing authorities could owe you housing disrepair compensation for this. This guide explains how to make damp house disrepair compensation claims.
Key Takeaways
- You could make a claim for the injuries suffered and any financial losses caused by these as a result of the disrepair and an additional claim for the disrepair itself (plus property damage).
- The landlord, local authority or housing association that rents the home to you must ensure it meets habitable standards.
- There is a standard three-year time limit in which to start a personal injury claim and six years for a breach of contract claim.
- Our solicitors could offer eligible claimants a way to commence a compensation claim by using a type of No Win No Fee contract. Thereby removing the burden of legal fees to fund a claim.
This guide is packed with useful information about damp house disrepair compensation and how to claim it. Please continue reading to discover more, or you can connect with the team right now for a free case check:
- Ask a question through the live discussion option below.
- Call 24/7 on 0800 073 8804 to get a free assessment of your housing disrepair claim.
- Start a claim online here.
Select A Part Of Our Guide
- Making Damp House Disrepair Compensation Claims
- Who Is Responsible For Damp In Rented Properties?
- How Can Damp And Mould Affect You?
- How Much Compensation Could I Get For Injuries Caused By Damp And Mould?
- Is There A Time Limit For Making A Claim?
- Can I Make A No Win No Fee Housing Disrepair Claim?
- More Information
Making Damp House Disrepair Compensation Claims
To seek compensation caused by a damp home, you need to prove that the landlord failed in their duty to carry out necessary repairs in a prompt way.
Can I Make A Housing Disrepair Claim?
Yes, you could be eligible to make a housing disrepair claim if you can show that the landlord, council or housing association failed to attend to the damp or disrepair issue in a prompt and timely way.
Under Section 11 of the Landlord and Tenant Act 1985, the landlord is responsible for carrying out repairs to resolve damp and mould issues if a structural fault caused them. Furthermore, they must:
- Carry out repairs on the external building.
- Maintain essential services such as electricity, water and gas.
- Maintain vital services in the home such as heating and hot water.
Can I Make A Personal Injury Claim?
Yes, you can also make a personal injury claim if you can prove that the disrepair caused (or worsened) your health conditions, whether it was physical or mental health. This is set out in the Defective Premises Act 1972.
If you believe your landlord failed to attend to damp in a reasonable time frame, speak to our team. They can discuss starting damp house disrepair compensation claims with you right now.
Who Is Responsible For Damp In Rented Properties?
The landlord may not always be responsible for the damp and the disrepair it causes. Very often, this may be when dealing with issues from condensation leading to damp. However, when structural issues causes damp in a property this is usually covered under Section 11 of the Landlord and Tenant Act 1985.
Here are some instances of when the landlord might be responsible for damp in a rented property:
- Rising damp.
- Penetrating damp.
- Construction damp.
If you have any questions about damp house disrepair compensation claims, speak with one of our friendly advisors today. They can assess your eligibility to seek compensation for free.
How Can Damp And Mould Affect You?
Even brief episodes of exposure to damp can impact the health of a tenant. Typical health problems might include:
- Coughing and wheezing.
- Serious breathing difficulties.
- Sleep disturbance.
- Long-term health conditions or a worsening of existing ones (such as asthma).
- Psychological distress.
- Depression.
Damp is particularly dangerous for babies, young children and the elderly who may have more fragile respiratory systems. People with asthma are at a particular risk of their health worsening in damp environments and in some cases, the problems can become life-threatening.
Damp can also allow mould to flourish on your personal belongings and rot wood, which might weaken or destabilise items and cause furniture damage. To fully discuss the grounds for your personal injury claim based on damp and disrepair, speak to our team on the options above.
How Much Compensation Could I Get For Injuries Caused By Damp And Mould?
A successful claimant could get up to £165,860 for lung damage. However, they could also receive compensation for financial losses related to this injury or could be compensated for multiple injuries.
When damp house disrepair compensation claims are successful, the award is often made up of two areas of loss called general and special damages.
Under general damages, a compensation amount is calculated that reflects the physical suffering and pain caused, alongside any psychiatric injury. It can also cover long-term injury and the overall impact on the person’s quality of life.
To assess issues like this, those involved in the calculation might look at the medical records put forward as evidence. In addition to this, publications such as the Judicial College Guidelines (JCG) are consulted. This provides an index of award guidelines based on various types and severities of injury, as the excerpt below shows.
Importantly, the JCG only provides a guideline for what could apply. Every successful injury claim has unique factors and any compensation awarded differs accordingly. Our table also includes an entry at the top that is not from the JCG but shows you how a personal injury claim could compensate for multiple injuries, plus the out-of-pocket expenses. Please only use this table as guidance.
Compensation Guidelines
| INJURY TYPE | HOW SEVERE? | AWARD GUIDELINES |
|---|---|---|
| Multiple types of harm and special damages for care cost, repairs and loss of income. | Severe | Up to £250,000 plus. |
| Lung Disease | (a) Serious | £122,850 up to £165,860 |
| (c) Significant | £66,890 up to £85,460 | |
| (d) Breathing difficulties | £38,210 up to £66,920 | |
| (e) Bronchitis and wheezing | £25,380 up to £38,210 | |
| Asthma | (a) Severe and pemanent | £52,550 up to £80,240 |
| (b) Chronic | £32,090 up to £52,490 | |
| (d) Relatively Mild | £12,990 to £23,430 | |
| Psychological harm | (b) Moderately Severe | £23,270 to £66,920 |
| (c) Moderate | £7,150 to £23,270 |
Special Damages
The other category of loss that can be included in a personal injury claim for housing disrepair is called special damages. Under this, any financial costs created by health issues and DIY expenses could be reimbursed. It is always essential to have evidence of these losses, such as:
- Proof of any medical expenses for private treatment.
- Invoices and statements for essential repair work carried out in the home. Also, electricity costs if you needed a dehumidifier running in the home for prolonged periods.
- Receipts and invoices for amounts paid to others for domestic care.
- Proof of travel costs to essential appointments.
- The cost of products to treat damp and mould.
- The cost of replacing any personal property that was damaged by the damp and disrepair.
Connect with our advisors for more information about special damages in damp house disrepair compensation claims. They could direct you to a solicitor who knows how to include future medical expenses or lost earnings as part of your claim as well.
Is There A Time Limit For Making A Claim?
Yes, there is a time limit in which to start your claim.
The Limitation Act 1980 states that:
- Claims for personal injury need to be started within 3 years of being harmed.
- Whereas housing disrepair for breach of contract must be started within 6 years of the incident. For example, 6 years from the date that the pipe burst leading to damp.
If you would like more details about limitation periods and any exceptions that might apply regarding damp house disrepair compensation claims, please connect with our team on the contact options above.
Can I Make A No Win No Fee Housing Disrepair Claim?
Yes, if you have a valid claim, you can make it with a solicitor offering No Win No Fee services. Our solicitors can start damp house disrepair compensation claims under a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). This provides numerous advantages to the person seeking compensation because working this way means:
- No immediate solicitor fees apply.
- No solicitors’ fees apply as the claim moves ahead.
- No charge applies for finished work if the claim is unsuccessful.
- A claim that concludes in your favour means a nominal amount from the compensation needs to be paid to the solicitors as their success fee.
- You can agree on this percentage before starting work with our solicitors.
- The percentage is also legally capped, which means the person claiming will always benefit the most from a successful outcome.
If you’re curious to see whether you could access excellent legal services such as these, get in touch. Our advisory team can run through a quick, no obligation case assessment, and if it appears strong, they could connect you to our solicitors today.
Contact Our Team Today
We hope this guide has helped clarify your options. If you’d like further guidance on damp house disrepair compensation claims, please:
- Contact us with this easy to fill in online form.
- Call 24/7 on 0800 073 8804 to get a free assessment of your housing disrepair claim.
- Ask anything about our housing disrepair solicitors through the live discussion option below.
More Information
As well as guidance on damp house disrepair compensation claims, these other links provide broader reading on how to claim compensation:
- Here you can use a penetrating damp compensation calculator guide.
- Also, some research and statistics into council house damp and mould is available.
- This guide looks at disrepair claims for cracks and leaks that cause damp.
External resources to help:
- Here is guidance on asthma from the NHS.
- In addition to this, information on the landlord’s responsibilities from GOV.UK.
- Lastly, some initial findings about damp and mould in council homes, (including housing association tenants).
In conclusion, thanks for reading our article on damp house disrepair compensation claims. Advisors are standing by to assist with any other questions or queries.
