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Housing Disrepair Claims For Cracks, Damp, Mould Or Leaks

Does Your Home Suffer From Cracks, Damp, Mould Or Leaks, Claim Compensation

Landlords must by law maintain rented properties to an acceptable standard and if they fail to do so you could be entitled to file a claim for compensation against them should you suffer any health issues as a direct result of cracks, damp, mould or leaks in your home.

If you have suffered any sort of damage to your possessions, developed a health issue or been put under any sort of general inconvenience because the rented property you live in is poorly maintained by your landlord who has refused to carry out the necessary repairs in a timely fashion, you could be entitled to file a claim for compensation against them.

To find out more on how a personal injury solicitor can help you file a housing disrepair claim, please click on the Select a Section below:

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A Guide To Housing Disrepair Claims For Cracks, Damp, Mould, Or Leaks

cracks, damp, mould or leaks

Cracks caused by housing disrepair

Damp and mould growth is commonly reported in many rented properties and it can happen for many reasons with the main one being when a landlord fails in their duty to correctly maintain a property to an acceptable standard.

Cracks, damp, mould or leaks in rented properties can lead to you suffering from some very nasty health issues and could negatively impact your immune system. In short, you would have more trouble fighting off any illnesses and viruses.

There is a specific course of action to take when it comes to reporting housing disrepair to a landlord which is referred to as a Pre-Action Claims Protocol. This involves following certain steps before taking a landlord to court with the first step being to inform a landlord in writing of the problem so you have a record of it. Landlords have 20 days to respond to your correspondence and if they fail to do so, or if their reply is unacceptable, you can then begin court proceedings against them.

To find out how a Legal Expert personal injury lawyer can help you through the process of taking a negligent landlord to court over housing disrepair, please contact us today so we can offer free legal advice on the best way to proceed with your claim.

What Is Included In Housing Disrepair?

Landlords must by law maintain their properties to an acceptable standard and carry out necessary repairs when needed. Should a landlord fail to maintain a rented property and it falls into disrepair, tenants can insist that needed repairs are carried out to make their home more habitable. The legislation covers secure and shorthold tenancies whether a rented property is owned by a private landlord, local authority or housing association.

If you live in a poorly maintained rented property you are at risk of developing specific health issues and your possessions could be damaged beyond repair if the property is damp which has resulted in mould growth taking hold.

To find out how a Legal Expert personal injury lawyer can assess your claim to establish whether you have suffered any health issues as a direct result, or because the conditions in the property have exacerbated an existing health issues, please call us today so we can discuss it the situation caused you “general inconvenience” which includes whether your personal possessions were damaged beyond repair.

What Is Damp And Mould And What Damage Can They Cause?

The most common forms of damp that cause mould growth are detailed below:

  • Rising damp – this occurs when moisture found under a building gets soaked up into the concrete and brickwork. It is a very common problem in ground floors and basements of older properties
  • Penetrating damp – this occurs when water seeps through external walls or roofs, but it can also occur if there is a leak in a property or if there is a problem with the plumbing
  • Condensation – the most common type of damp reported in rented accommodation. The problem gets worse when too much moisture found in the air comes into direct contact with any cold surfaces which includes windows and cold walls. The result is that mould growth takes hold and it gets worse during the colder winter months and when there is not enough ventilation, insulation or heating in a rented property

Occasionally, finding what is causing damp is easy, but if it is not, a landlord would need to call in an expert. A damp and mould problem in a rented property should be dealt with in a timely manner to avoid not only damage being done to your possessions but to prevent you from suffering slight to severe health issues as a direct result of the problem.

What Damage Can Cracks Cause?

Landlords are legally obliged to keep rented properties in good repair and under UK law they are liable for structural defects which result in cracks in walls and other areas of a home. Cracks can be caused for several reasons which are detailed below:

  • Subsidence – this occurs when a property’s foundations sink downwards because the ground underneath a property subsides. This can result in cracks appearing in walls, flooring and other areas of a home
  • Diagonal and vertical cracking – these are typically large cracks that appear in damp proof courses (DPCs) and which run into a home’s foundations
  • External cracking – typically develops on the exterior of a property in the same area where internal cracks have appeared
  • Dry weather cracks – cracks can appear during long spells of hot weather
  • Seasonal cracks – these cracks open and close according to the seasons
  • Large structural cracks – these appear in various areas of a property and do so for several reasons. The seriousness of this type of crack is typically established by its length, its depth and width. They require more investigation and it is a landlord’s obligation to do this
  • Holes/cracks in plaster and flooring – ill maintained properties where structural damage is an issue often suffer from holes and cracks in plasterwork as well the flooring. If not inspected and repaired it can lead to a property suffering further disrepair

All of the above can lead to dampness and mould taking hold in property, putting your health and well-being at risk. To discuss a damp and mould in rented property claim with a Legal Expert personal injury lawyer, please contact us today.

What Responsibilities Does A Landlord Have To Repair Cracks, Damp, Mould, Or Leaks?

A housing association landlord’s responsibilities when it comes to maintaining properties covers the majority of repairs that are needed. With this said, your tenancy agreement (shorthold tenancy) with a private landlord would set out what repairs the landlord is responsible for which are detailed below:

Express terms on repairs

Your tenancy would set out your landlord’s obligations when it comes to repairing and maintaining a rented property. If there is no tenancy agreement in place, any agreements between you and your landlord would apply although it could be hard to prove anything should you need to at any point in time.

A landlord is not allowed to include any express terms in a tenancy agreement if they are seen to reduce any legal obligations or responsibilities they have to a tenant.

Implied terms on repairs

A tenancy agreement may include an “implied term” even though this has not been stated. Section 11 of the Landlord and Tenant Act 1985 clearly implies a “term” into a tenancy agreement. In short, a landlord’s obligation to carry out basic repairs to a rented property are implied whether you have a written or oral agreement. We are often told by a client that a “landlord blaming me for mould” and we always advise them that we would take up their case on a No Win No Fee basis to establish a landlord’s responsibility when it comes to mould issues in rented properties.

Section 11 of the Landlord and Tenant Act 1985

This section of the Landlord and Tenant Act 1985 clearly states that landlords must do the following:

  • Maintain and repair the structure and exterior of a rented property
  • Ensure that basins, sinks, toilets, baths and all pipework are in good working order
  • Ensure that water, gas, electrical, water tanks, boilers, gas fires, fitted electric fires/heaters and boilers are in good working order

To speak to a Legal Expert adviser about filing a claim against a landlord, the council or housing association, please call us today.

Damage To Window Frames Caused By Damp And Cracks

Many older and badly maintained rented properties have rotten or defective window frames. Doors too are often a problem with both letting in water and condensation. All too often it’s the sealant in a window or door frame that causes the problem and once wet, wooden frames quickly deteriorate making the situation that much worse. It’s not just water that gets into a property, heat escapes while draughts become a real issue making a rented property that much colder to live in.

If the windows and door frames in the property you are renting need repairing or replacing, you must inform your landlord, the council or the housing association of your concerns in writing and if they fail to respond, you can then begin court proceedings against them.

A Legal Expert personal injury solicitor would walk you through the process of filing a claim once your landlord, the council or the housing association has been informed that the repairs to window and door frames need to be done in a timely manner. Call us today to find out more about our No Win No Fee structure which allows us to begin work on your case without the need to request any upfront fees.

Claiming For Cracks In Roofs, Walls, And Floors

If the property your are renting begins to show cracks in walls, the roof or ceiling and on the floors, you should immediately inform your landlord, the council or housing association of these structural defects so they can have them repaired before the property falls into severe disrepair. Cracks, damp, mould or leaks in a rented property can lead you suffering some serious health issues and your personal possessions may get damaged beyond repair.

Under UK law, landlords must ensure that rented properties are maintained to an acceptable standard and this includes investigating and repairing the following:

  • Cracks in walls
  • Cracks in ceilings and roofs
  • Rotten, defective flooring
  • Damaged roof tiles
  • Defective flashings
  • Deterioration in water proofing

A landlord must carry out any needed repairs within a “reasonable time”. Failure to carry out repairs could entitle you to file a claim against them. To find out how a Legal Expert personal injury lawyer can help you start your claim bearing in mind that landlords, councils and housing associations must be informed in writing of any repairs needed prior to beginning a claim.

How Long Does A Landlord Have To Make Repairs To You Home?

There is a specific procedure that must be respected by tenants who want their rented properties repaired to an acceptable standard. This is known as Pre-Action Claims Protocol which clearly sets out the steps you must take before filing for compensation through the courts. In short, you must inform your landlord of needed repairs which must be done in writing. Your landlord has 20 days to respond, and if they do not or their reply is deemed unacceptable, you can then proceed in filing your case through the courts.

Landlords, the council and housing associations must carry out needed repairs in a reasonable time. With this said, there is no “definite” time period set in place for repairs to be done and as such “reasonable time” can differ from case to case depending on the amount of repairs needed and their severity.

If your landlord, council or housing association does not appear to be making any effort to rectify a housing issue after they have been informed of the problem and the disrepair is getting worse, you could be entitled to file a claim for compensation against them.

A Legal Expert personal injury solicitor who has years of experience working on successful claims for people who have had to put up with damp and mould in council property, a housing association property and private rented properties would be able to assess your case before advising you on how best to proceed with your claim.

When Can You Claim Compensation For Mould And Damp

Moulds are harmful to your health because they produce nasty allergens which cause allergic reactions in many people. Moulds also produce irritants and they can even produce toxic substances which when inhaled or touched can lead to a serious allergic reaction. These can be as follows:

  • Sneezing fits
  • Runny nose
  • Red eyes
  • Skin rashes
  • Asthma attacks

Damp and mould can lead to you suffering from mild to severe respiratory issues, which incudes infections and they can negatively impact your immune system making it that much harder to fight off infections. Some people are a lot more susceptible to suffering ill health as a result of being in contact with damp and mould which includes the following:

  • Babies
  • Children
  • The elderly
  • People with existing skin issues namely eczema
  • People who already suffer from respiratory issues which includes asthma
  • People with weak immune systems

Damp and mould can develop in a property for many reasons which are detailed below.

Rising damp

Rising damp is a common problem in badly maintained and badly built properties which can lead to mould forming causing serious health issues for tenants.

Penetrating damp

Penetrating damp often occurs in older properties where the walls are porous and where the brickwork is ageing. This allow water to penetrate through but it can also be caused by defects in a building which includes broken guttering and downpipes. Poorly fitted windows and roof damage can also be a contributing factor to penetrating damp.

Unsafe heating systems and boilers

Unsafe heating systems and old, badly maintained boilers can also lead to a property becoming damp which then results in mould growth.

Unsafe flooring and/or stairways

Badly maintained, unsafe flooring and staircases can also be a contributing factor to dampness in a property.

Rotten window frames and doors

Rotten window frames and doors can lead to condensation forming causing dampness and mould growth

Cracked sanitation and leaking pipes

Cracked toilets, sinks, baths and leaking pipes can lead to dampness and mould growth.

If you feel your health has been affected by damp and mould in rented property, you could be entitled to file for compensation because under UK law, landlords have a duty of care to ensure that their properties are maintained to an acceptable standard and that they do not allow them to fall into disrepair.

To speak to a Legal Expert personal injury solicitor about seeking compensation for mould and damp from a landlord due to housing disrepair, please call us today.

What Can My Housing Disrepair Claim Include?

If you live in a rented property where there are cracks, damp, mould or leaks which have caused you to suffer any sort of health issue or damages, you could be entitled to compensation. A personal injury solicitor would walk you through what is needed to file a claim and advise you on what could be included when it comes to out of pocket expenses. These are detailed below:

  • General damages
  • Travel Expenses
  • Medical expenses that are not covered by the NHS
  • Loss of earnings
  • Loss of anticipated earnings
  • Care claim

To find out how you could start your personal injury claim, please speak to a Legal Expert personal injury lawyer today.

Examples Of What You Could Be Awarded For Damage Or Illness Caused By Cracks, Damp, Mould, Or Leaks

The amounts indicated in the table below provide an idea of how much compensation you may be awarded in a successful cracks, damp, mould or leaks claim. The amounts are based on the latest Judicial College figures published as well as the compensation people have been awarded in the past. It is also worth noting that all personal injury claims are unique and as such, a judge or a defendant’s insurer may negotiate a higher or lower amount than indicated in the table.

Health issuesNotesAverage amounts awarded
Minor health issuesMild to severe health issues where recovery is achieved in a few weeks to several monthsA few hundred pounds to £2,150
Lung diseaseMild breathing issues to severe lung problems£27,450 to £108,370
AsthmaMild to very severe chest issuesA few hundred pounds to £57,620
Deduction in rentDepending on whether a rented property is liveableUp to 50% discount

No Win No Fee Compensation For Cracks, Damp, Mould, Or Leaks

The cost of filing a personal injury claim puts people off seeking legal advice when in truth, they are entitled to compensation for any pain, suffering and damages they sustained through no fault of their own and due to the negligence of a third party.

At Legal Expert, we offer a No Win No Fee structure which allows anyone who feels they need professional legal advice on a cracks, damp, mould or leaks in a rented property claim, the opportunity to speak to a personal injury lawyer without the financial worry of how to pay for their services.

A No Win No Fee structure involves signing a Conditional Fee Agreement or CFA which allows a firm of solicitors to begin work on your case without the need of requesting any upfront or ongoing fees. You would only have to pay for the legal representation when your case goes to court and a judge rules in your favour, bearing in mind that in most cases, a defendant’s insurers prefer to settle this type of personal injury claim out of court.

Should your case be unsuccessful, there would be nothing to pay for the legal services your received under a Conditional Fee Agreement. Tod find out how Legal Expert can assess your case and advise you on the best way to begin your claim, please contact us today.

How Legal Expert Can Help You Claim Compensation From Your Landlord

If you think your landlord has been negligent in maintaining the property you rent, you can discuss your case with a Legal Expert personal injury lawyer who will assess the circumstances surrounding your claim before advising on the best way forward. Damp and mould in rented property can lead to serious health issues and you could be entitled to file for compensation for your pain, suffering and damages.

Whether you had to put up with damp and mould in a council property or in a private rented residence, a personal injury solicitor can explain the process of filing a personal injury claim against a third party ensuring you receive the correct level of compensation for mould and damp health related issues and other damage you experienced.

Our personal injury lawyers boast years of experience in their field and we cover all types of legal claims including cases that involve cracks, damp, mould or leaks in rented and housing association properties. The first consultation is free of charge and there is no obligation to work with us following a discussion with a Legal Expert personal injury solicitor.

Legal Expert is recognised nationwide as a trustworthy legal advice provider. We are recognised by The Law Society as well as The Solicitors Regulation Authority (SRA).

Contact Legal Expert Today

If you would like to speak to a Legal Expert personal injury solicitor about cracks, damp, mould or leaks in your rented home and to find out whether you have a claim, please call us on free of charge on 0800 073 8804.

If you prefer to request a “call back”, please fill out the form and a personal injury lawyer will get back to you as soon as possible.

Our email address is info@legalexpert.co.uk if you prefer to email us

Legal Expert claim lines are open from 9am to 9pm, Monday through to Friday

Useful Links

If you need to know more about how damp and mould can affect your well-being and overall health, the link below provides information on how it can negatively impact your life:

How damp and mould can negatively impact health

The link below offers valuable information about suitable housing in the UK:

Homes fit to live in

If you want to find out more about working with a personal injury solicitor on a No Win No Fee basis, please click on the link below:

No Win No Fee structures explained

If you would like to find out more on how to file an online personal injury claim, please click on the link below:

How to file a personal injury claim online

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