Penetrating Damp, Leading To Mould: Can I Claim Compensation?
By Stephen Hudson. Last Updated 12th December 2023. If you’re wondering, ‘I have penetrating damp leading to mould, can I claim?’, this guide can help.
Damp and mould in council property or other rented homes can be a major concern for tenants. It can be an issue at the end of a tenancy, where a landlord and tenant may enter discussions about the return of a deposit, for example, but an ongoing damp problem can cause mould and lead to health problems and damage to personal property. Mould can be caused by penetrating damp, rising damp or condensation; all can be a problem, but the type of damp will have an effect on what claim can be made. Broadly, if the damp is caused by disrepair, it is the landlord’s responsibility and, if they will not repair it, the tenant may be able to sue landlord for mould and damp compensation. There may also be environmental health damp and mould issues.
To start your no win no fee compensation claim for penetrating damp and disrepair, please call us, free, now on 0800 073 8804, or contact us through our website. To find out more about compensation for mould and damp, damp in house tenants’ rights RE mould in the UK and how to take action against damp and condensation, please read on.
Select A Section
- A Guide To Penetrating Damp Compensation Claims
- What Is Penetrating Damp?
- Mould In House – Tenants’ Rights
- Mould In A Rental Property – Claim Time Limits
- What Can My Penetrating Damp Claim Include?
- Health Complications And Illness Caused By Damp
- Examples Of Compensation For Penetrating Damp
- No Win No Fee Penetrating Damp Claims
- Useful Links
‘I have penetrating damp leading to mould, can I claim?’
A Guide To Penetrating Damp Compensation Claims
If you’re wondering ‘I have penetrating damp leading to mould, can I claim?’, this guide can help.
There are three main sources of damp in the home: penetrating damp, rising damp and condensation. Rising damp is usually caused by an underlying structural issue, and will be down to the landlord to sort out; penetrating damp and condensation can be trickier. Penetrating damp occurs when water finds a way of entering the property, for example through a broken tile or window frames, or a hole (however small) in the external wall. This amounts to housing disrepair and will be the landlord’s responsibility. However, it isn’t always obvious where the damp is entering the property, and the landlord may try and avoid their obligations. Condensation damp is caused by sources within the home, commonly washing, cooking or bathroom use (such as showers), and who is responsible for it depends on the cause and the overall state of ventilation of the property.
Where there is damp and mould in rented property, or damp and mould in a council property, the first step will usually be to bring it to the attention of your landlord and ask them to resolve the damp issues and/or the mould problem. However, unfortunately, many landlords resist dealing with damp and mould in rented homes and you may need to take further action.
If you’re wondering ‘I have penetrating damp leading to mould, can I claim?’, a damp claim lawyer can help you identify tenants’ rights regarding mould in the UK, and even sue your landlord for failing to prevent mould, which may include housing disrepair compensation for mould and damp. Damp claims are likely to be part housing claim and part personal injury claim, covering damage to property (belonging to you, the tenant – such as clothes or soft furnishings), the effect of the damp on your health and forcing your landlord to take action against damp and condensation. Environmental health damp and mould teams may also be involved. Withholding rent due to damp is risky, unless you follow a specific procedure, and you can find more about this below.
What Is Penetrating Damp?
Before we address the question of ‘I have penetrating damp leading to mould, can I claim?’, let’s look at what penetrating damp is.
Damp, as the name suggests, is excess moisture in the home, and it becomes a problem when it occurs in places where it is not wanted. The damp can be caused by water entering the building from outside (e.g. rain or rising damp), a problem inside the house (e.g. a plumbing defect, such as a burst internal pipe) or from condensation caused by things within the property, such as cooking, washing and bathroom use, often in conjunction with inadequate ventilation.
Penetrating damp is damp that comes into the property from outside, through the wall. Common causes are damaged roof tiles or missing tiles, broken or inadequate guttering, damaged windows or cracks in the brickwork, and it can happen anywhere on the property. Flat roofs can be a particular problem if they do not drain properly.
It is usually seen inside the property as damp patches or black mould on the walls or ceiling, often accompanied by a musty smell. You may also see damage to woodwork or brickwork. If not fixed, it can cause further damage to the property and furnishings, including wet rot or dry rot, as well as various health problems including allergies, skin conditions and breathing conditions.
Mould In House – Tenants’ Rights
Should you have mould or damp in your flat or house, then your landlord has a legal responsibility to rectify the issue. If you notify them and they do not do this within a reasonable amount of time, then this could be described as landlord negligence.
Black mould in a rental property could cause many health issues, including having an effect on your respiratory system. So, if you have mould in your house, tenants’ rights include the right for it to be sorted by your landlord. You could claim compensation from your landlord for mould should you suffer form its presence after you’ve made them aware of the situation.
If you want to know more about tenants’ rights regarding damp patches, wet rot and/or a musty spell caused by mould, get in touch with our advisors today.
Mould In A Rental Property – Claim Time Limits
If you’ve suffered an injury or illness due to mould in a rental property, then you typically have 3 years from the date of the injury (or knowledge of the injury) to begin a claim. This is stated in the Limitation Act 1980. However, this time limit is not necessarily absolute.
There are some circumstances where you could claim for injuries caused by a damp flat or house outside of this window of opportunity. For instance, claims involving children can be made without time constraints until they turn 18. Similar exceptions can be made if the injured party lacks the mental capacity to make their own claim.
However, a litigation friend could act on behalf of these parties since they cannot pursue a claim themselves.
To find out if you are still within your rights, and how much compensation for damp and mould you could be owed, get in touch with our advisors today.
Can I End My Tenancy Early Due To Mould?
After uncovering mould in a rental property, you might have questions, such as:
- Can I end my tenancy early due to mould?
- Can I claim compensation from my landlord for mould?
We recommend you check the terms and conditions of your tenancy. If there is a break clause, you could potentially end your tenancy early. However, if there is no break clause, it may help to complain to the council or local authority who can then investigate and establish if your landlord has acted negligently.
Our advisors could give you insight into your rights as a tenant and let you know if you are eligible to claim compensation for mould in a rental property. If you can prove your landlord has acted negligently, for example, they did not take action when the mould was identified, you may have a valid claim.
Get in touch with our advisors for free legal advice. After assessing your case, they could connect you with one of our expert solicitors.
Health Complications And Illness Caused By Damp
You may be wondering ‘I have penetrating damp leading to mould, can I claim?’ due to subsequent health conditions you’ve experienced.
Damp and mould can affect anyone who is living with it, but particularly babies, children, the elderly and people who are particularly vulnerable due to existing conditions such as asthma, allergies or a weakened immune system. It can also produce a thoroughly unpleasant living environment.
Mould can irritate and produce allergens, causing skin conditions and allergic reactions, and invisible mould spores can spread rapidly. They can also affect the respiratory system, potentially inducing asthma attacks or exacerbating that and similar conditions. Tenants’ rights relating to mould in the UK mean that you should be able to live in your rented property free from potential health hazards.
Examples Of Compensation For Penetrating Damp
If you’re wondering ‘I have penetrating damp leading to mould, can I claim?’, this section will look at some examples of compensation amounts for these types of claims.
As indicated above, compensation for mould and damp will potentially be split into a personal injury compensation claim and a claim for damp and disrepair. The housing claim will include your out-of-pocket expenses for damage to property, such as mould on soft furnishings, the cost of making good the damage (e.g. decorating costs, if these were not paid by the landlord) and potentially a claim for loss of enjoyment of the property due to the landlord’s breach of the tenancy agreement.
The table below sets out possible personal injury claim amounts in respect of general damages (as set out in case law, and summarised in the Judicial College Guidelines) for the relevant conditions. Special damages for personal injury (out-of-pocket expenses) will be in addition, and will be particular to your own situation. Take note that the first entry in this table is an estimated figure for when someone claims for multiple injuries and is not based on the Judicial College Guidelines.
| Injury | Compensation Amount | Comments |
|---|---|---|
| Multiple Serious Injuries Plus Special Damages | Up to £250,000+ | If the claimant has sustained multiple serious physical and/or psychological injuries, then they may receive a compensation payout that covers all of these. Any related special damages, such as loss of earnings, may also be covered. |
| Psychiatric Damage (Generally) – Severe | £54,830 to £115,730 | Victims who have suffered psychiatric harm covered by this bracket will have significant issues with coping with life, education and work. The prognosis will also be very poor. |
| Psychiatric Damage (Generally) – Moderately Severe | £19,070 to £54,830 | The victim will be struggling with everyday activities. However, the prognosis will be much more optimistic compared to psychiatric damage that’s covered in the bracket above. |
| Asthma (a) | £43,060 to £65,740 | Severe and disabling permanent asthma |
| Asthma (b) | £26,290 to £43,010 | Chronic asthma with breathing difficulty |
| Asthma (c) | £19,200 to £26,290 | Bronchitis and wheezing |
| Asthma (d) | £10,640 to £19,200 | Relatively mild asthma |
| Lung disease (e) | £20,800 to £31,310 | Bronchitis and wheezing not causing serious issues |
| Lung disease (f) | £10,640 to £20,800 | Slight breathlessness and aggravation of existing condition |
These claims will form the basis of a personal injury claim against the landlord in respect of damp and mould in rented property. Claims for damp and mould in council property will be made against the council (likewise for housing associations). The housing portion of the claim will come under the Landlord and Tenant Act and breach of the tenancy agreement, but the claim can be made in one go. Please contact our personal injury lawyers for further information.
More Payouts For Compensation For Mould
As mentioned above, when you sue a landlord for mould-related injuries or illnesses, you could also be eligible to have special damages included within your settlement. This amount is to reimburse you for financial losses experienced due to the housing disrepair for which you are claiming.
Damp and mould in a council property (or even a privately-owned property) could lead to a variety of costs and losses that would not have occurred otherwise. Below, we have provided some examples. However, you will need to present evidence of these costs in the form of documents such as payslips and receipts.
- Loss of earnings – If you become ill due to the mould, your illness may be severe enough that it removes or reduces your ability to work. This means that you could lose out on wages. The amount that you would have earned whilst ill could be included in your settlement as a special damages payment.
- Damage to property – Mould may spread to your personal possessions, leading to a need to have them cleaned, replaced, or repaired. Expenditures due to reasons such as these may also be included in your settlement.
- Medical expenses – For instance, you may need to pay for prescription medication to aid in your recovery, if ill.
Get in touch with us today for more information and advice, such as whether or not withholding rent due to damp is a possibility.
No Win No Fee Penetrating Damp Claims
If you have valid grounds to claim for an illness or other harm you’ve suffered due to penetrating damp leading to mould, then you could discuss your case with our advisors for free. Our team could review your case, and if they determine that it’s strong, they could then connect you with one of our No Win No Fee solicitors.
Our solicitors can support claims for injuries and illnesses under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). If you start a claim under such an agreement, then you won’t need to pay your solicitor for their services either upfront or while your claim is being processed. Also, you won’t need to pay your solicitor for their work if your claim is unsuccessful.
If your claim does succeed, then your solicitor usually takes a small and legally capped percentage of the compensation awarded to you to cover their payment. This is known as a success fee.
To contact us to learn more about claiming with a No Win No Fee solicitor, you can:
- Call our team on 0800 073 8804
- Use our online contact form.
- Or message us online with our 24/7 live chat service.
‘penetrating damp leading to mould, can I claim compensation?’
Useful Links
- Legal Expert – Housing Disrepair
- Legal Expert – Landlord Compensation Claims
- NHS – can damp and mould affect my health?
What is penetrating damp?
If you’re wondering ‘I have penetrating damp leading to mould, can I claim compensation?’, we hope this guide has helped.
