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Preventing Condensation Mould Claims Guide – How Much Compensation Can I Claim?

By Olivia Margaret. Last updated 24th May 2021. In this guide, we’ll explain how to make preventing condensation mould compensation claims.

Has your private landlord refused to deal with condensation in the bedroom or any other room in your property? Have you sustained an illness because your landlord has not dealt with condensation and mould as they should have? Here at Legal Expert, we can assist you when it comes to claiming compensation from your landlord. We can ensure you receive the money you deserve for the lack of repair, including any impact this has had on your belongings and your ability to use the house to it’s fullest. We can also ensure you get the payout you deserve for any injuries you have sustained due to the mould. If this has caused you to miss work, you can claim for loss of income too.

For more information, please do not hesitate to give us a call on 0800 073 8804. However, before you do this, make sure you continue reading to find out everything you need to know about preventing condensation mould claims.

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A Guide To Preventing Condensation Mould Claims

preventing condensation mould compensation claims

preventing condensation mould compensation claims

In this guide, we’ll explain how to make preventing condensation mould compensation claims.

Not only will you discover how to claim compensation from your landlord, but we will also reveal the level of payout you may be entitled to, as well as providing details regarding the service that we provide. If that wasn’t enough, if you are looking for a controlling condensation and mould leaflet, you will also get the advice you need regarding this, including how to stop condensation on walls and other parts of your property.

If you still have any queries by the time you get to the end of this guide, you will find our contact details. Our line is open seven days per week so please do not hesitate to get in touch.

Health Problems Caused By Damp, Condensation, And Mould

If you’re considering making preventing condensation mould compensation claims, it will help to have a good understanding of what condensation mould actually is.

You may be able to make a claim for mould compensation or damp compensation if you have damp in your rental property. When it comes to these sorts of housing compensation claims, some of the symptoms you should be looking out for include the following:

  • Infections
  • Sinusitis
  • Asthma
  • Bronchitis
  • Shortness of breath
  • Vomiting
  • Sickness
  • Fungal infections

If you have experienced any of the symptoms that have been mentioned above, it is important to see a medical professional as soon as possible. Not only is this critical in terms of your health, but it is also vital when it comes to making a claim with a damp claim lawyer. This is because the medical report that your doctor or healthcare professional puts together is the most critical piece of evidence in any sort of claim. It is used to determine how much compensation you will receive.

Who Is To Blame For Mould?

If you’re wondering who to make preventing condensation mould compensation claims against, this section could help.

For all personal injury claims, including housing disrepair claims, the most important element is being able to establish responsibility for what has happened. If you are to successfully secure compensation, you are going to need to prove that your landlord did not do what was required of him or by law. In cases involving mould, both the tenant and the landlord could be to blame depending on the circumstances.

So, when is the landlord responsible for the mould? The landlord is responsible if the damp, whether that be rising damp or damp resulting from structural issues, has occurred due to the likes of structural defects, leaky pipes, or a damp proof course going wrong. On the flip side, the tenant is going to be responsible for the mould if the condensation has been caused because the tenant has not been looking after the property properly. This may be the case if a lack of ventilation has caused the condensation because the tenant never opens the windows.

How To Reduce The Condensation In Your Rented Property

If you’re suffering from condensation mould, as a tenant, it is a good idea to make an effort to lower the level of damp in your property. There are a number of different things that you can do, including those in the following list. However, if it’s your landlord’s responsibility to stop this from developing, you could be entitled to make preventing condensation mould compensation claims.

  • Make sure that your drains are not blocked. Blocked drains can result in the external walls becoming soaking wet. Eventually, this will have an impact on the interior of your property.
  • Make sure you use your central heating during the colder months, as this will help you to keep your property at a consistent temperature. Condensation can happen when cold air causes the warm air to release moisture. To stop this from happening, maintain a consistent temperature.
  • Try to leave a gap between your walls and furniture whenever you can because this will assist with ventilation. It will prevent any air from being trapped at the bottom of the walls, which will then lower the chance of the formation of black mould.
  • Make utilisation of any extractor fans in your kitchen when you are cooking. You should also open any kitchen windows, as this will provide further ventilation.
  • Turn on any extractor fans in your bathroom and open your bathroom window once you have had a shower or taken a bath, as this will help to get rid of any extra moisture in the air.
  • Whenever you can, you should try to ensure that you’re only drying clothes outdoors or in a dryer. If you cannot do this, do these activities in a room that is enclosed and has an open window. Make certain that the ventilation pipe attached to your tumble dryer runs outside of your property when you are using this machine.
  • Open the windows each day in your home so that you can make sure your property is well ventilated.

Claiming If The Damp In Your Rented Property Is Not Your Fault

If you’re wondering whether you could make preventing condensation mould compensation claims, you’ll need to make sure that the damp is not your fault.

As touched upon earlier, you are going to be able to make a claim for damp or mould if it has occurred due to external factors that are out of your control. If you have maintained your rental property to the level that is expected of you, and the source of the damp is something you have no control over, for example, it is to do with the structure of the property, you will most certainly be able to make a claim for compensation.

You should, however, make sure you get in touch with your landlord first via writing to request repairs. If your landlord refuses, he or she needs to put in writing their reasons why. If you think this is unreasonable, you can proceed with your claim. Furthermore, you can claim damages for a wide range of things, including securing landlord compensation for inconvenience if you have not been able to use all of your property.

What Could Your Preventing Condensation Mould Claim Include?

If you’re thinking about making preventing condensation mould compensation claims, you may be wondering what damages you could include in your case.

It is vital to be aware that compensation for preventing condensation mould claims is split into two parts – special damages and general damages. The latter relates to the amount you receive to compensate you for your injuries and your suffering. It is calculated based on the severity of your injuries and the impact they are having on your life. Special damages are designed to compensate you for any out of pocket expenses.

So, if you have incurred costs because of your injuries, you will be able to claim for these. It is crucial to note however that you will need proof. You cannot simply expect to build a case for special damages built on your say so. You will need to keep receipts and any other relevant documents.

Examples of special damages

As part of preventing condensation mould compensation claim, special damages could compensate for financial shortfall, such as:

  • Medical costs– The most obvious expense that is incurred by most people that have been the victim of a personal injury is medical costs. If you have had to pay for treatment or medication then you will be able to claim for this.
  • Counselling expenses– An accident can often have a physiological impact on people, especially if it is a severe one. It may be necessary to seek counselling afterwards to help you through it. You will be able to claim for the cost of this.
  • Loss of income– Have you suffered a loss of income due to your inability to work whilst you recover? If so, this also counts as a special damage.
  • Damage to your belongings – You will also be able to claim for any damage to your belongings that has happened because of the condensation.
  • Rent reduction or refund – You may also be entitled to a rent reduction or refund if the condensation has left you unable to use a part or all of the property.

Time Limited On Preventing Condensation Mould Claims

If you’re thinking about making preventing condensation mould compensation claims, please be aware that there are time limits within which you can make legal proceedings.

This time limit is three years. This means that you have three years from the date of the incident to make a claim and court proceedings must be issued within this period. For instance, if you were involved in an accident in the home on May 12th2016 you will have until May 12th2019 to make a claim.

These time limits are strict and it’s unlikely that you will be able to find a way around them. The only exceptions tend to occur when the incident has occurred over time, such as poisoning. In such instances, it is often impossible to pinpoint and accident date and, therefore, you will have three years from the date of your diagnosis instead.

It is important to note that if you are planning to sue landlord for mold UK because of a lack of repair, but you are not claiming for any injuries, you will have longer – six years. You can claim either during your tenancy or at the end of it.

No one wants to lose out on the money they are entitled to simply because they left it too late. If you have been injured, get in touch with Legal Expert today.

Preventing Condensation Mould Claims Calculator

If you’re wondering how to make preventing condensation mould compensation claims, you may also be wondering how much you could claim.

It is important to recognise that all cases are assessed on an individual basis. This is because no two claims are the same. You may suffer severe health problems due to the mould, whereas someone else may only experience minor issues. Moreover, you may be left unable to work for the foreseeable future, whereas someone else may be able to return to work within a matter of weeks or months. All of this is taken into consideration. That is why providing an accurate figure of compensation is just not possible. Nevertheless, we have put together a table to help you understand the average payout for the typical injuries relating to condensation and mould.

Updated May 2021.

Edit
What sort of injury have you sustained? Extra notes about the injury The average payout amount
Asthma Mild-level illness. Bronchitis, colds, chest problems, and asthma. Up to £4,830
Asthma Relatively mild symptoms. £9,990 to £18,020
Asthma Bronchitis and wheezing. This sort of condition will have an impact on the person’s working life and social life. £18,020 to £24,680
Asthma Chronic asthma, which makes it difficult for the claimant to breathe properly. £24,680 to £40,370
Asthma Disabling and permanent asthma, which is of a severe level. The person will experience prolonged and regular coughing, as well as sleep disturbance, and severe impairment of physical activity. There will also be restrictions in terms of the individual’s life enjoyment and their employment prospects. £40,410 to £61,710
Mental Anguish Fear of reduction in life expectancy. £4,380
Psychiatric Damage Generally Less severe £1,440 to £5,500
Psychiatric Damage Generally Moderate £5,500 to £17,900
Psychiatric Damage Generally Moderately Severe £17,900 to £51,460

If you cannot find the injury you have sustained in the table above, please give us a call and we will be able to advise further. Please note that if you have used a disrepair compensation calculator online, this will only ever provide a very rough estimate. You should never pin your hopes on the figure that has been calculated when using a personal injury claims calculator.

No Win, No Fee Preventing Condensation Mould Claims

If you’re considering making preventing condensation mould compensation claims, you may be worried about the cost of legal help.

Below, we are going to reveal the reasons why you should definitely choose a No Win, No Fee solicitor when making any sort of claim…

  • No huge upfront payment– One of the main hurdles associated with going down the traditional route is that people cannot afford the huge outlays that are associated with getting the ball rolling – even an initial consultation can prove to cost a fortune. This is something you don’t have to worry about with a No Win, No Fee service, as no enormous outlay is needed to start the claim process.
  • Financial risk diminished – Aside from this, you can be confident that financial risk is lowered by a huge degree. This is because you will only pay legal fees if your case is a success. If you go down the traditional route, there is always the chance that you spend a fortune and then your case is not a success. This is a risk that many people cannot afford to take.
  • Better service– The payment structure works to ensure a much better service. This is because the solicitor in question is impacted by the outcome of your case and therefore you can be sure that they will be doing everything in their power to secure compensation.
  • No time wasting– If you do not go for a No Win, No Fee personal injury solicitor there is always the risk that the professional in question is merely taking on your case to get your money, irrespective of the outcome. However, No Win, No Fee accident lawyers won’t waste your time. If your case is not strong, they will tell you.

Here at Legal Expert, you will be pleased to know that all of our chosen panel solicitors work on a No Win, No Fee basis, so you will always benefit from everything that has been discussed above.

Why You Should Make Your Claim With Us?

Are you interested in making preventing condensation mould compensation claims? Would you like legal help?

No matter what has occurred, if you have been involved in an accident that was not your fault due to damp and mould in council property, you will need to have a quality claim firm in your corner fighting your case. This is exactly what you have with Legal Expert. Read on to discover why we are the best option for you if you need a personal injury lawyer…

  • Experience– We are an experienced company. You can be confident that we will have handled cases like yours time and time before. We were established many years ago, and since then we have successfully helped thousands of personal injury victims to get the compensation they deserve.
  • Reputation– We have an excellent reputation in the industry. Simply take a look at the reviews on our website to see what our previous clients have had to say about working with us.
  • No Win, No Fee– All of our provided accident lawyers work on a No Win, No Fee basis. This means that you will not need to make a huge upfront payment for the claim process to begin. Financial risk is also eliminated substantially because you will not pay any legal fees if your case is not a success. Thus, you don’t need to worry about the potential of losing huge sums of money if your case is unsuccessful, as is the case if you went for a solicitor that charges per hour.
  • We won’t waste your time– Last but not least, if we do not think that your case is strong, we will tell you. We won’t waste your time. This is something you can be certain of, as all of our lawyers work on a No Win, No Fee basis. They have nothing tog ain by merely taking on any case, irrespective of the strength of it.

Speak To Legal Expert Today

If you are ready to make preventing condensation mould compensation claims or you are looking for condensation and mould advice for tenants, please do not hesitate to get in touch with Legal Expert.

preventing condensation mould compensation claims

preventing condensation mould compensation claims

You can reach us on 0800 073 8804. This is our claims line, which is open from 9.00 a.m. until 9.00 p.m. seven days per week. You will speak to one of our experts who will provide free legal advice and handle your call on a fully confidential basis. You are under no obligation to use our service by getting in touch, so you have nothing to lose. Furthermore, you will find other ways to get in touch on our website, including live chat and via email.

Preventing condensation mould compensation claims FAQs

Is mould a landlord’s responsibility?

It’s not as simple as it may seem to determine whether your landlord is responsible for damp and subsequent mould growth, particularly if the exact cause of it isn’t obvious (for example, a leaky roof or drainpipe would be an obvious cause). In most cases, a surveyor is required to determine the root of the problem.

Can you claim compensation for mould?

If your landlord (or housing association, agent or the like) is contractually obliged to amend any damp or subsequent mould and they fail to do so, you could be able to make a claim against them. This would be classed as negligence, which you could be eligible for compensation if you suffered as a result of it.

How much compensation can I get for damp and mould?

As every claim is different, there’s no such thing as an average payout. Therefore, if you’d like a personalised consultation, please get in touch with us today for free and see how much you could claim.

How are claims valued?

As part of a personal injury claim, the amount of damage the claimant has suffered will be taken into consideration and proportionately compensated.

What damages could I claim?

General damages could be claimed for physical injuries and psychological harm, whereas special damages could be claimed for loss of finances, caused by things such as loss of earnings.

Does a dehumidifier get rid of damp?

If you buy a dehumidifier, this could minimize any subsequent damp or mould if the root of the problem was condensation in the air. However, if the damp is actually caused by a structural issue such as a leaky roof, a dehumidifier won’t likely be of much help.

Should I get a solicitor?

In order for you to make a claim, there’s no legal requirement for you to have a solicitor. However, in having one handle your case, you could increase its chances of success and allow them to handle everything on your behalf.

How can I get in touch with Legal Expert?

Please use our contact section to get in touch with us today or simply use our live chat feature on your screen to get an instant response from an advisor.

Resources And Useful Links

Hopefully, you now feel like you have all of the information you need about preventing condensation mould claims. However, for further details, you may find the links below helpful…

Housing in Disrepair – More information about claiming– This link takes you to our guide on housing disrepair compensation claims. You will find out everything you need to know about making these sorts of claims.

Do you live in a council property?– This link takes you to our guide on council housing disrepair compensation claims. You will find out everything you need to know about making these sorts of claims.

How mould and damp can affect a person– This link from the NHS explains how condensation and mould can have a negative impact on your health.

Thanks for reading our guide on how to make preventing condensation mould compensation claims.

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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.