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Housing Disrepair Mould Compensation Claims Guide – How To Claim – How Much Compensation Can I Claim?

By Danielle Jordan. Last Updated 23rd December 2022. Welcome to our guide on how to make housing disrepair mould compensation claims.

Have you experienced mould or illness in your home due to negligence on the part of your landlord, council, or housing association? If you have respiratory problems, respiratory disease, a fungal infection or had your asthma worsened due to mould in your rented flat or house, you could be entitled to make a mould compensation claim for your illness. Mould related claims can be worth tens of thousands of pounds or even more, so if you think you are owed compensation for an illness caused by mould, call Legal Expert today to enquire about making a claim.

Trust Legal Expert to handle your mould compensation claim. We are a trusted personal injury solicitor’s firm, with an excellent track record of winning personal injury claims and mould-related claims for our clients. If you or a member of your family has experienced a mould-related illness caused by negligence on the part of the person or organisation who manages your home, you could make a social housing compensation claim or claim against your landlord for the injuries caused.

Our social housing solicitors would love to represent your claim, so call us today for your free legal consultation to see if you have a legitimate claim to be made. If you are entitled to compensation for an illness caused by mould or damp we will estimate how much you can claim and provide you with an excellent damp claim lawyer who will proceed with your case right away. Call 0800 073 8804 to see if you can make a mold compensation claim today.

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A Guide To Mould Compensation Claims

Welcome to our guide on how to make housing disrepair mould compensation claims.

Welcome to our guide on how to make housing disrepair mould compensation claims.

Welcome to our guide on how to make housing disrepair mould compensation claims.

Housing disrepair, excessive condensation and poor upkeep can all cause mould and damp to develop. Mould can make a home uninhabitable and worse; can affect the residents of the property causing respiratory problems, respiratory disease and fungal infections. If you already have an existing respiratory problem like asthma, exposure to mould and damp can worsen your condition.

If you live in a property you own, it is your responsibility to deal with mould and damp. However if you rent a property from a private landlord, or your home is provided by your local council or a housing association, then they have a legal duty of care towards you. Part of this means fixing the property when it is in disrepair and making sure it is habitable. If your housing provider has neglected to do so, for example failing to fix a mould or damp related problem then you could be entitled to claim housing disrepair compensation, including being recompensated for any damage to your furniture, clothing or other possessions that may have occurred. If you have experienced an illness or had an existing medical condition worsened by exposure to mould you could potentially claim compensation for illness caused by mould.

In this housing disrepair mould compensation claims guide, we are going to look at what mould is and what are the causes of damp and mould. We are then going to look at the health risks of mold and what responsibilities your landlord or housing provider will have towards you if you experience damp or mould in your home. Finally we will advise you on how to claim against a landlord who has acted negligently for a housing compensation claim and advise you on how to find the right damp claim lawyer to handle your claim.

Remember, Legal Expert offers all potential clients a free legal consultation where you can talk about your situation to a friendly advisor and gain free legal advice. Call us today to see if you are entitled to make a mould compensation claim and see how much compensation you could be owed.

What Is Mould In Your Home?

Before we look at housing disrepair mould compensation claims, let’s look at what mould is.

Mould is a form of fungus which grows in the form of multi cellular filaments called hyphae. Mould can be found on rotten food, plants and in buildings. Mould in a rented flat or house can be caused by excessive moisture.

If mould in the home goes untreated it can cause damage to the home, such as the walls and ceilings. It can also ruin possessions such as soft furnishings and clothing. What is more worrying are the health risks associated with mould, as it has been known to cause respiratory problems, respiratory diseases and fungal infections. Skin irritations can also happen. If you already suffer from allergies, or respiratory problems such as asthma, then it is likely to worsen your medical condition. Babies and young children, elderly people, people with a weakened immune system or people suffering from existing conditions such as eczema are more likely to be affected by mould.

Understandably if you live in a home affected by mould and you or anyone in your household fits these descriptions this is particularly worrying. For information on how you could be able to make housing disrepair mould compensation claims for your suffering, please read on.

What Causes Mould In A Rented Flat, Or House?

What are the causes of damp and mould? In buildings such as houses and flats, mould is caused by excessive moisture. This could be due to leaking pipes, or damage to the roof or the windows which causes the rain to seep in. If the water is used in a newly built home, while the house is still drying out, this can also cause mould.

Does Excessive Condensation Lead To Damp?

Next in our housing disrepair mould compensation claims guide, let’s look at how excessive condensation could lead to damp. Simply put, excessive condensation is a common form cause of mould and damp.

How does condensation occur? Condensation happens when the air in a room cannot hold any more moisture. Especially during cold weather, it is normal to see droplets form on window panes, window sills, mirrors and walls.

To avoid excess condensation forming, you can take the following measures to ensure your home is well ventilated: using lids on saucepans, opening windows and using extractor fans whilst cooking or using the shower, drying clothes outdoors rather than indoors if possible and opening your bedroom window for fifteen minutes each morning and leaving doors open to let the air circulate. Purchasing a dehumidifier can also help. If the excess moisture is caused by disrepair in the home, it is the responsibility of the landlord to mend the disrepair.

What Are The Health Risks Of Mould?

At this point in our housing disrepair mould compensation claims guide, let’s look at the health risks that mould carries.

Why is mould a health risk to humans? Allergens (allergic reaction causing substances), irritants and in some cases toxic substances. If you touch or inhale the mould, this can cause a number of symptoms such as sneezing, runny noses, skin rashes and sore eyes. Unfortunately, there are more serious health risks of mould to be concerned about such as fungal infections, respiratory problems, respiratory disease and skin irritations.

If you already suffer from asthma mould exposure can trigger asthma attacks and if you suffer from skin conditions such as eczema, the skin irritations caused by mould can aggravate or worsen it. That being said then, if you or anyone in your household already suffers from skin conditions such as eczema or respiratory conditions such as asthma, they are particularly vulnerable to the health risks of mould and should avoid exposure to it at all costs. Similarly if children, the elderly or anyone with a health condition that has weakened their immune system is in your household, this is of a particular cause of concern as these groups are also more vulnerable to the health risks of mould.

For more information about the health risks of mould and the relationship between mould and respiratory problems, you can consult this NHS guide. If you think you may have grounds to claim compensation for illness caused by mould call Legal Expert today to see how much compensation you could potentially claim.

Housing Disrepair Claims

Disrepair compensation cases could occur due to untreated mould and damp. However, as we explore below, you will need to prove that a breach in your landlord’s duty of care caused the mould.

If you report the problem to the landlord, local authority or housing association and they fail to carry out repairs, you could have a valid claim. However, there are circumstances where the tenant’s lifestyle causes damp and mould. Even if this causes health problems, if the mould and damp were caused by your behaviour, you may not be able to claim.

Landlords may try to blame tenant lifestyle for mould or damp when the problem was caused by disrepair. Mould solicitors could support housing disrepair claims. For example, they could help prove disrepair compensation cases by gathering evidence.

Call our advisors to learn what housing disrepair claims could be eligible for compensation.

Who Is Responsible For Treating Damp And Mould In A Rented Flat Or House?

There are different types of damp and mould that can appear in a property and there are different causes of damp and mould. Because there is not one clear type of problem concerning damp and mould, disagreements can occur between landlord and tenant about who is responsible for treating mould in rented flat or house.

For example if the tenant’s behaviour is creating excessive condensation, which is the cause of damp and mould the tenant is responsible. However, whilst the tenant may be responsible for changing their behaviour in order to help take care of the property, a responsible landlord will also provide ventilation and look into ways to better insulate the property, to avoid any long term damage to the property. If the mould is caused by disrepair in the property (examples of which have been stated earlier) then the landlord will be responsible for treating the damp and mould in the rented flat or house.

What Duty Does Your Landlord Have To Maintain Your Home?

In this section of our housing disrepair mould compensation claims guide, let’s look at what duty of care your landlord owes you as a tenant.

The Housing Health And Safety Ratings System (HHSRS), which landlords must abide by, states that landlords are responsible for ensuring that a tenant’s physical or mental health is not harmed due to mold. Therefore it is within a landlord’s interest to treat the mold as soon as possible so the tenant does not make a claim against the landlord for compensation for an illness caused by mould. Claims for mould compensation are a frequent housing compensation claim that we deal with here at Legal Expert.

If you reported the mould problem to the landlord and your landlord failed to effectively treat the mould, causing you or a member of your household to become ill, you could make a mould compensation claim.

Clients often ask us if it is possible to make housing disrepair mould compensation claims against their landlord for mould. Yes, housing disrepair compensation is compensation for tenants of private landlords, councils or local authorities who were caused an illness or injury due to disrepair in the home that the landlord failed to act on.

Mould compensation claims are a common compensation for disrepair example as there are many health risks associated with mould. Your mould compensation could also include a mould compensation claim for any damage to your property that occurred due to the mould infestation and landlord compensation for inconvenience, if the mould problem caused you great inconvenience, for example losing sleep due to illness or losing privacy during the mould treatment process, you may be able to claim housing disrepair compensation for this.

How To Claim Compensation From Your Landlord

If your landlord has been neglectful and breached their duty of care by failing to adequately deal with damp or mould in your rented property, you could be able to claim compensation against them. To help you claim compensation from your landlord, you can collect evidence of their negligence, and of the impact it has had on you.

Supporting evidence could come in the form of:

  • Proof of the requests you had made to your landlord to deal with the damp. Ideally the requests should be dated and in writing.
  • Pictures, or similar dated recordings of the mould present within the property.
  • A medical report of an illness that can be connected to the mould or damp present in your property

You can present this evidence to a solicitor to help you begin your claim or begin the claim yourself. For more advice about taking action against a landlord for a damp law violation, please reach out to one of our advisers.

Mould Disrepair Compensation Calculator

At this point in our housing disrepair mould compensation claims guide, let’s take about compensation amounts.

If you have experienced an illness triggered by exposure to mould in a rented flat or house, you could be entitled to make a mould compensation claim worth tens of thousands of pounds. Our mould disrepair calculator can give you an estimation of how much your mould 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.

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Reason for being compensated Further notes Compensation band
Lung disease (a) Claims for young people left with serious disabilities and the probability of premature death. £100,670 to £135,920
Lung disease (b) Lung cancer – typically in an older person £70,030 to £97,330
Lung disease (c) Disease causing progressive reduction in lung function. Will affect every day life and disrupt sleep. £54,830 to £70.030
Lung disease (d) Leading to persistant use of an inhaler, reduced function and general breathing difficulty. £31,310 to £54,830
Lung disease (e) Bronchitis which does not have serious symptoms and little to no permanent effect. £20,800 to £31,310
Lung disease (f) Working life is not affected but some slight breathlessness may occur £10,640 to £20,800
Asthma Relatively mild asthma-like symptoms £10,640 to £19,200
Asthma Mind asthma-like symptoms Up to £5,150
Mental Anguish Fear of impending death £4,670

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.

How Much is the Compensation for Damp and Mould?

If damp in a rented property has led to you suffering health issues or material losses, you may be able to claim if you can prove this was caused by landlord negligence. The figures in the compensation table above relate to general damages compensation, which compensates you for the suffering and pain caused by the injury.

You may also be eligible for special damages compensation. This compensation figure is made up of any financial losses caused by the injury, such as:

  • Medical costs – Including prescription costs and private healthcare fees. When claiming for private healthcare, you will need to show how using these facilities was necessary to recover from your injury.
  • Loss of earnings – You may lose the ability to work because of the injury. If the injury is long-term, you could also claim for future loss of earnings.
  • Moving costs – If the damp and mould has reached the point where the property is no longer safe to live in, you may be forced to move out. You could claim back for any costs associated with this, such as the hiring of moving vans or hotel fees.
  • Damage to your property – If the mould and damp has led to your possessions being damaged, you may be able to claim for the costs of needing a replacement.

Furthermore, you would need evidence, such as invoices, bank statements and receipts, to potentially receive compensation. While a damp compensation calculator can be a useful tool, it may not always be the most accurate when estimating potential special damages compensation.

Therefore, why don’t you give our advisors a call? They can tell you quickly and easily if you’re eligible to claim and provide you with a personalised compensation estimate.

No Win No Fee Mould Compensation Claims

housing disrepair mould compensation claims

housing disrepair mould compensation claims

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 housing disrepair mould compensation claims.

At Legal Expert, we will give you the option to make a No Win No Fee claim for compensation from your landlord. A No Win No Fee claim means that you won’t pay an upfront or ongoing fee to your solicitor. Instead there’s nothing to pay unless you win your mold compensation claim, so for many it’s the more affordable, less risky way to make a mould compensation claim.

To enquire about being represented by a damp claims lawyer that offers a No Win No Fee service, call Legal Expert today to speak to one of our friendly advisors.

Mould Solicitors – Disrepair Claims

When making a claim for damp leading to mould, our solicitors are experts and have experience dealing with housing disrepair cases. They can help you no matter where you are based in the UK and may be able to help you on a No Win No Fee basis.

They could help you make a disrepair claim in various ways, including:

  • Gathering evidence
  • Arranging a medical appointment
  • Negotiating a settlement with the faulting party

To find out more, you can contact our team via the following ways:

Housing disrepair mould compensation claims FAQs

Can a dehumidifier help get rid of damp and mould?

This depends on whether the cause of the damp and subsequent mould is condensation. If it is, then a dehumidifier can help to minimise condensation and its potential impacts. However, if the issue is structural, such as a leaking roof for example, then a dehumidifier cannot solve your problem.

What is housing disrepair defined as?

Damage that prevents something from functioning as well as it could but means it isn’t technically broken. For example, a window that doesn’t close properly.

How do I know if I have grounds to make a claim?

Please get in touch today for a free consultation with one of our specialist advisors to see whether you could have a valid claim. Providing that your landlord failed to uphold their duty of care to you and you suffered as a result, you could be eligible for compensation.

What does negligence look like?

Typically, negligence can be determined if the following applies in a situation:

  1. You are owed a duty of care by a third party
  2. Which they then fail to uphold to you
  3. And you suffer as a result

How much compensation can I get for damp and mould?

If you’d like a free consultation to see how much your unique claim could be worth, please speak to one of our advisors today. Otherwise, there’s no way of estimating your payout, as every claim is different and must be valued on an individual basis.

What damages could I claim?

As part of a personal injury claim, you could be compensated for 2 different types of damage:

  • General damages, accounting for physical and psychological impacts
  • Special damages, accounting for financial impacts, such as loss of earnings

Can I claim compensation for stress and anxiety?

Yes, this is a type of psychological suffering so it would fall under the category of general damages in a personal injury claim.

How can I contact Legal Expert?

Please see our contact section earlier in our guide for some options on how to get in touch with us today.

Useful Links

NHS guide to mould related illnesses
Follow this guide to mould related illnesses from the UK’s NHS.

How Much Compensation Can You Get For A Housing Disrepair?
How compensation can you claim for housing disrepair instances from a landlord.

How Much Compensation Could I Claim From My Landlord?
How much compensation can you claim from your landlord?

Thanks for reading our housing disrepair mould compensation claims guide.

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      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.