We've been featured in:

Rising Damp, Leading To Mould Landlord Housing Disrepair How Much Compensation Can I Claim?

By Olivia Chandler. Last updated 3rd October 2024. If you’re experiencing rising damp leading to mould in your rented accommodation, this guide will help you understand how you could make landlord housing disrepair compensation claims for your suffering.

Have you experienced rising damp in a rented house or flat due to housing repair? If your landlord has failed to act on the problem and it has gone on to affect your quality of life or cause you or other members of your household health problems, you could be entitled to claim compensation for damp from your landlord, housing association or local council, depending on who manages the home.

Trust Legal Expert to help you claim compensation for damp. Many of our clients ask us “Can I claim compensation for damp?” depending on your circumstances, you may be able to make a claim for rising damp.

Call us today for your free legal consultation with one of our friendly legal advisors, to see if you have a legitimate claim. If you are able to take legal action for your rising damp housing disrepair problem, we will let you know how much money you could potentially claim and provide you with an excellent damp claims lawyer to handle your case, who will proceed with your claim right away. Call 0800 073 8804 to see if you can make a rising damp compensation claim today.

Select A Section

What Is Rising Damp?

landlord housing disrepair compensation claims for rising damp leading to mould

Before we look at how to make landlord housing disrepair compensation claims for rising damp leading to mould, let’s look at what rising damp is first.

Rising damp is a phenomenon when capillary action causes water from the ground to rise up through the bricks and water of the building, in a manner not entirely different to the way water is soaked up by a sponge. Rising damp can cause structural damage to a building and can also cause mould in the home.

Mould is a form of fungus which grows in the form of multi cellular filaments called hyphae. In the home, mould can ruin belongings such as soft furnishings, clothes books, electrical appliances and bedding. Mould can also cause health problems to inhabitants such as respiratory problems, respiratory diseases, fungal infections and allergies. It can also worsen existing medical conditions such as asthma or eczema. Rising damp can also cause other illnesses to spread, as the excess moisture in the home allows bacteria to breed.

As well as the health risks and risk to damage of one’s personal possessions, rising damp is a deeply unpleasant form of property damage to live with, so it is in the interest of landlords, councils, or housings associations that manage properties with rising damp to take action to avoid or when it occurs immediately fix rising damp disrepair.

How Does Rising Damp Happen And How Do You Identify It?

Before we look at landlord housing disrepair compensation claims for rising damp leading to mould, let’s first look at how rising damp could happen.

How does rising damp housing disrepair occur? Rising damp happens when there is not a properly installed course below the building to prevent rising damp.

Why does the moisture rise up the wall, rather than staying stagnant in the floor of the home? The moisture rises up the wall seeking a means of evaporation. After the moisture rises up to a height of approximately 1.2m, it will usually fall again due to the effects of gravity. Deposits of “salts” can be found at a higher height than the damp will reach. This is more common in walls which are made from less “breathable” materials such as non-breathing plasters, vinyl wallpapers or tanking paints.

If you think your property may have a problem with rising damp, how are you supposed to identify the problem? The telltale signs of rising damp are a tidemark around the bottom of the wall which will usually be no higher than 1.2m. There may also be black mould. Other signs to look for include a decaying skirting board and peeling wallpaper. This overtime can cause untold damage to the property.

Can Rising Damp Lead To Health Problems?

If you want to make landlord housing disrepair compensation claims for rising damp leading to mould, this may be for health problems that have been triggered.

Clients are often anxious about whether or not rising damp in the home can lead to health problems. Unfortunately rising damp can cause health risks. The mold that can be created by damp can lead to respiratory problems, health risks such as respiratory problems, respiratory disease and fungal infections can all be caused by mould. Mould can also worsen the symptoms of existing medical conditions such as asthma, allergies or skin conditions like eczema. What’s more, certain groups of people are more vulnerable to health conditions caused by mould such as the elderly, young children and people who have a weakened immune system due to illnesses such as cancer.

If your property has a mould infestation due to rising damp disrepair and anyone in your household fits the above description they are sadly at risk and should stay elsewhere if possible until the mould infestation is repaired. As we have already mentioned, damp creates excess moisture in the home which can enable bacteria to breed more quickly, this in turn can cause members of your household to become ill.

When Is Your Landlord Responsible For Treating Rising Damp?

In order to be able to make landlord housing disrepair compensation claims for rising damp leading to mould, your landlord must have been responsible for it and failed to act.

If damp in a rented flat or house is caused by disrepair, then it is the landlord’s responsibility to treat the rising damp. What is housing disrepair? Housing disrepair are breakages or damage to the property, which causes inconvenience to the resident. In cases such as damp and mould, the housing disrepair can also harm the tenant’s health. Rising damp is caused by a property not having an adequate course installed properly below the building, to prevent excess moisture forming and rising up the walls. Under these circumstances it is the landlord’s responsibility to remove the cause of the rising damp and have the damp and mold professionally treated. If a tenant reports rising damp and the landlord does not act on this information, this is negligence on the part of the landlord and the tenant can claim for damp compensation against them.

Rising damp is of course not the only type of damp that can damage and cause mould in a property. Landlords are responsible for the following: the maintenance of the plumbing system, the water supply and the exterior of the property. Problems involving these three areas could be a cause of damp and mould. Here are some examples of the sorts of causes of damp and mould that landlords are responsible for: blocked gutters, poor external insulation, broken, missing or displaced roof tiles, external wall cracks, cracked window frames, unsealed or inadequately sealed window frames. There could also be problems with internal leaks, caused by plumbing problems. Again, under these circumstances, it is the landlord’s responsibility to fix the housing disrepair that is causing the damp and mould and fix it. Therefore, such cases could give you grounds to make landlord housing disrepair compensation claims for rising damp leading to mould.

If you have experienced any sort of damp or mould caused by disrepair in your home caused by the problems above and your landlord failed to fix the problem, despite you reporting it then you could be entitled to claim compensation for damp. Call Legal Expert for your free consultation to talk about how to claim compensation from your landlord and be put in touch with an excellent damp claims lawyer.

When Are Tenants Responsible For Rising Damp?

Causes of mould which are the fault of the tenant involve creating excess moisture inside the home. This is usually caused by the tenant’s lifestyle, such as not opening the windows, not using an extractor fan when cooking or showering, never turning the heating on during cold weather and always drying clothes indoors, rather than on a clothes line. These behaviours are easily fixable and are not the cause of rising damp.

How To Clean And Treat Mould Caused By Rising Damp

If you’re wondering about making landlord housing disrepair compensation claims for rising damp leading to mould, you may have attempted to treat the issue first.

If your home has rising damp it is important that you fix the route of the problem. Therefore you need a professional to install a system in place below the property to stop water seeping up the walls. If the mould caused by the rising damp is smaller than 1 metre squared, you can clean the mould yourself using warm soapy water and a damp cloth. Afterwards the cloths should be thrown away.

Any possessions damaged by the mould such as clothing or soft furnishings should be dry cleaned, or thrown away if untreatable to prevent the spread of further mould spores. You should also keep the door of the affected room shut, wash the surfaces with a damp cloth and vacuum to prevent the spread of further mould. If your mould problem is greater than 1 metre squared, use a professional service to treat the mould.

Landlord And Tenant Act Of 1985

Before we look at how to make landlord housing disrepair compensation claims for rising damp leading to mould, we’ll now look at some relevant legislation.

It makes financial and social sense for a landlord to maintain their property well. After all, the building is their financial investment and landlords also want to maintain good relations with their tenants. That being said, the duties of the landlord are also upheld by the law in the Landlord And Tenant Act of 1985, which states that landlords have responsibility for many parts of the property.

The landlords are responsible for the repair and upkeep of the exterior of the property and supply of water, gas and electricity. Many of our clients ask “can you claim for mould?” if housing disrepair in any of these areas has caused mould or rising damp. Yes. If you have reported these problems to your landlord and it has caused an injury or illness, you can claim for damp in the form of housing disrepair compensation.

If I Have Rising Damp, What Can My Claim Include?

If you have experienced housing disrepair which has caused rising damp in your rented home, which has resulted in you being inconvenienced or damage to your property, you could be entitled to make rising damp disrepair compensation claim. This will include compensation for the inconvenience you suffered, loss or damage of property and may also compensate you for any alternative accommodation you had to seek.

If rising damp in your rented flat or house caused you to become ill or worsened an existing medical condition, you could be able to make landlord housing disrepair compensation claims for rising damp leading to mould. If your personal injury claim is successful it will be awarded in two parts. The first part of your claim will be general damages, which will compensate you for the pain and suffering your injuries have caused you. General damages will make up the largest portion of your compensation for damp.

The second part of your compensation for damp related illnesses are the special damages. Special damages will be a reimbursement of any expenses you have experienced as a result of your illness caused by rising damp.

Examples of special damages:

Medical expenses: You will be reimbursed for the cost of medical treatment and medication you have had to pay for.
Travel expenses: You will be reimbursed for the cost of taxis, public transport or petrol you used to travel to hospital or to doctor’s appointments. If you were unable to drive and had to seek alternative transport you can also claim back the cost of this.
Care expenses: You can claim compensation on behalf of a friend or family member if they had to care for you unpaid while you were ill.
Loss of income: If your illness made you unable to work for any period of time, you can claim for the income you lost. This is especially helpful if you are not entitled to sick pay in your job.
If you believe you may be entitled to make a rising damp housing association claim, rising damp housing disrepair claim or be owed compensation for a damp related illness, call Legal Expert today to see if you have a valid claim.

Examples Of Settlements For Rising Damp Claims

If you’re wondering about making landlord housing disrepair compensation claims for rising damp leading to mould, you may also be wondering how much compensation you could be entitled to.

Has mould and damp in a rented flat or house caused you to become ill? Then you could be entitled to make a rising damp claim for compensation worth tens of thousands of pounds. Our mold disrepair calculator can give you an estimation of how much your mold compensation claim could be worth. It is based on average amounts of compensation our clients have claimed for mould related illnesses. Consult our mould disrepair compensation calculator to see how much you could claim.

Updated May 2021.

Edit
Condition Settlement Comments
Lung disease £80,250 to £108,370 Will include compensaton for youngger claimants who will have serious levels of disability or could die young.
Lung disease £55,830 to £77,580 Will be paid for a variety of lung complaints and different levels of severuity with in this.
Lung disease £43,670 to £55,830 Condition leading to progressivly reduced lung function. May prevent activites amnd even sleep.
Lung disease £24,950 to £43,710 Claimant will need to use an inhaler over the long term. Will have breathinh difficulties.
Lung disease £16,580 to £24,950 Conditions such as bronchitis, but with no lasting damage.
Lung disease £1,760 to £4,240 Will agrevate existing complaints, but will heal over time.
Asthma £40,410 to £61,710 Severe and permanent.
Asthma £24,680 to £40,370 Chronic, requiring an inhaler.
Mental Anguish £4,380

Alternatively for a more personalised estimation of how much mould compensation you could claim, call Legal Expert today to speak to one of our friendly advisors who will be happy to help you claim.

No Win No Fee Mould Compensation Claims

If you’re thinking about making landlord housing disrepair compensation claims for rising damp leading to mould, you may be worried about affording a solicitor.

If you have experienced an illness caused by mould, which was enabled by negligence on the part of your landlord, housing association or local council, you could be entitled to make a mould compensation claim. Legal Expert gives all of their clients the option to make a no win no fee claim.

What is a no win no fee claim? It means that you will get exactly the same treatment as any other customer claiming for damp compensation, but you will not have to pay any upfront or ongoing fees to your personal injury solicitor. Instead you will only have to pay your personal injury solicitor’s fee if you win your compensation claim. Your fees will be paid out of your final damp compensation settlement, so its more affordable and there is no financial risk to you. To enquire about claiming compensation from your landlord using our no win no fee service, call Legal Expert today to speak to one of our friendly advisors.

How Legal Expert Can Help With Claims Against Your Landlord?

landlord housing disrepair compensation claims

landlord housing disrepair compensation claims

If you need to claim damp compensation for rising damp housing disrepair, trust Legal Expert to handle your claim. Our damp claims lawyers have an excellent track record of helping clients win housing disrepair compensation claims and personal injury claims related to mould.

Many of our personal injury solicitors have over 30 years of experience practicing personal injury law and will fight relentlessly to win you the maximum amount of compensation that you are entitled to. Call Legal Expert today to talk to one of our friendly advisors and see if you can claim for mould caused by rising damp. We’re looking forward to hearing from you.

Landlord housing disrepair compensation claims for rising damp leading to mould FAQs

Can damp be fixed?

Some severe cases of damp require structural work, which can be costly. However, the most common way of fixing damp that isn’t beyond repair is chemical DPC, which involves removing plaster from the affected wall, drilling holes into it and filling them with a chemical to act as a moisture barrier.

Will a dehumidifier get rid of damp?

Depending on the extent of the damp, a dehumidifier could be the solution if it was caused by condensation, as they absorb moisture from the air.

Is mould a landlord’s responsibility?

If you’ve reported an issue with damp or subsequent mould in rented accommodation to your landlord and they haven’t done anything to fix it, you could explore the following action:

  • Contact your local council’s Environmental Health department
  • Is the damp affecting your health or becoming a nuisance? It may be considered a statutory nuisance, which your local council may be able to force your landlord to fix
  • Is the damp a risk to your health or safety? Therefore, it may be considered a hazard under the Housing Health and Safety Rating System.

Can you sue landlord for mould?

Providing you reported the damp and mould to your landlord and they have failed to act upon it, you may be able to make a claim against them. This way, you could seek compensation for any suffering you’ve experienced as a result of it.

How much compensation can I get for damp and mould?

Compensation is valued on a case-by-case basis, meaning it’s impossible to predict how much you could be entitled to without assessing the unique details of your case. Please get in touch today for a free consultation.

How are compensation amounts decided?

The amount of compensation you’re awarded as part of your claim will depend on the extent of suffering you experienced as a result of the damp or mould in question.

What damages could I claim?

General damages could be claimed for physical or mental harm and special damages could be claimed for financial loss, including any loss of earnings you experienced.

How can I contact Legal Expert?

For details on how to get in touch, please refer to our contact section.

Useful Links

NHS guide to mould related illnesses
Find out how mould can affect your health with this NHS guide

How Much Compensation Can You Get For A Housing Disrepair?
Find out how much compensation you could be owed.

How Much Compensation Could I Claim From My Landlord?
Find out the best way to take action against a landlord.

Further Pages:

Other Useful Guides

Thanks for reading our guide on landlord housing disrepair compensation claims for rising damp leading to mould.