By Stephen Hudson. Last Updated 12th August 2025. 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 the landlord for mould and damp compensation. There may also be environmental health damp and mould issues.
To start your compensation claim for penetrating damp and disrepair, please call us for free on 0800 073 8804, or contact us through our website. To find out more about compensation for mould and damp, together with house tenants’ rights, please read on.
Select A Section
- What Are Penetrating Damp Leading To Mould Claims?
- What Is Penetrating Damp?
- What Issues Can Result In Penetrating Damp Leading To Mould?
- Mould In House – Tenants’ Rights
- Mould In A Rental Property – Claim Time Limits
- Can I End My Tenancy Early Due to Penetrating Damp Leading To Mould?
- Health Complications And Illness Caused By Damp
- Examples Of Compensation For Penetrating Damp Leading To Mould
- No Win No Fee Penetrating Damp Leading To Mould Claims
- Useful Links
What Are Penetrating Damp Leading To Mould Claims?
You may be asking whether you can claim compensation for mould and damp in a council property or a rented home you’ve been living in. Here at Legal Expert, there are two types of claims against housing associations we could potentially support:
- We can potentially assist with claims made specifically against housing associations or a council for housing disrepair.
- And we could potentially support a personal injury claim against a housing association landlord.
If you have not suffered an illness or injury but wish to make a housing disrepair claim related to damp and mould, we could possibly assist if:
- The claim has been brought to get repairs done to a property that is owned by a council or housing association.
- The repairs fall within Section 11 of the Landlord & Tenant Act.
- The repairs cost at least £1,000 or fall within the small claims court.
If housing disrepair has led you to be harmed by damp and mould, and compensation is being sought for this through a personal injury claim, then we may be able to assist with your case if the following applies:
- The potential claimant has sought medical treatment for their injuries/illness.
- Housing disrepair has been noted as the reason they received the treatment.
For more advice about the process for penetrating damp and mould, how our solicitors could help or how much compensation could be awarded, please contact our advisors for free today.
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.
What Issues Can Result In Penetrating Damp Leading To Mould?
There are many features, fixings and installations in a property that if not properly maintained, can give rise to penetrating damp leading to mould. As we explained above, penetrating damp is excessive moisture that comes into a property from the outside.
Penetrating damp could result from any of the following:
- Broken or poorly fitted windows.
- Inadequate guttering causing rainwater to enter the property.
- Missing or displaced roof tiles.
- Poorly fitting chimneys, boiler flues or external vents such as a cooker hood or bathroom extractor fan.
- Structural issues with the walls or roof framing.
- Badly fitting water or sewage pipes enabling water to enter the property.
If a landlord is made aware of such issues, they have a duty to complete a repair within a reasonable time frame. Mould compensation can be claimed for both the damage to your personal property as a result of the damp, as well as any health issues that result from it. To learn about your rights as a tenant, as well as how much compensation for mould and damp you could claim, contact our advisors today using the details provided below. Our team can assess your eligibility for free, as well answer any questions you may have.
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 a claim for injuries caused by a damp flat or house can be made outside of this window if the affected individual is under 18 or mentally incapacitated. In both cases, neither group can make a claim for themselves. Therefore, the time limit is paused unless the following conditions are met:
- A minor turns 18, at which point they have 3 years to begin a claim.
- An adult regains mental capacity. Here, the time limit would take effect from the date of recovery. Otherwise, the time limit will be suspended for as long as there is a mental incapacity.
However, a litigation friend could act on behalf of these parties during the pause. This would allow someone like a parent or a solicitor to help them claim.
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 those 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 Leading To Mould
You could be awarded between £52,550 and £80,240 if the damp and mould in your home leads to severe and permanent disabling asthma. This is according to the Judicial College Guidelines, but this is only a suggestive figure. Various factors will affect your overall settlement.
The damages in a successful claim for penetrating damp leading to mould can be split into two categories. These are general and special damages.
General damages cover the harm or injury caused. Special damages cover the associated financial losses, which include loss of earnings due to your injuries, but also the cost of decorating or fixing the problem if you had to pay for these yourself.
Looking at general damages first, several factors can influence the size of the compensation for your injuries. These include:
- The severity of the injuries
- How long it will be until you recover (known as the prognosis period)
- The impact on your life, including hobbies affected
Any medical evidence obtained can be considered when calculating the potential value of injury compensation. The Judicial College Guidelines (JCG) are often also consulted. The JCG is a document that covers a wide range of injuries and pairs them with suggested compensation brackets for each.
Below is a table with some injuries and brackets taken from the JCG (except the top entry). They are for illustrative purposes only. After the table, we will discuss financial losses as part of damp and mould compensation.
| Injury | Severity | Compensation Amount |
|---|---|---|
| Multiple Severe Injuries Plus Special Damages (e.g. Lost Earnings) | Severe | Up to £250,000+ |
| Psychiatric Damage (Generally) | (a) Severe | £66,920 to £141,240 |
| Psychiatric Damage (Generally) | (b) Moderately Severe | £23,270 to £66,920 |
| Asthma | (a) Severe and Disabling Permanent Asthma | £52,550 to £80,240 |
| Asthma | (b) Chronic Asthma with Breathing Difficulty | £32,090 to £52,490 |
| Asthma | (c) Bronchitis and Wheezing | £23,430 to £32,090 |
| Asthma | (d) Relatively Mild Asthma | £12,990 to £23,430 |
| Lung disease | (e) Bronchitis and Wheezing Not Causing Serious Issues | £25,380 to £38,210 |
| Lung disease | (f) Slight Breathlessness or Aggravation of Existing Condition | £12,990 to £25,380 |
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.
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 Leading To Mould Claims
At Legal Expert, we offer a free eligibility assessment for anyone wishing to make No Win No Fee claims for penetrating damp leading to mould.
If your claim is strong, you could then be connected with one of our expert No Win No Fee solicitors to help you pursue damp and mould compensation. With decades of experience, our highly trained solicitors work diligently with their clients’ needs in mind, ensuring that their health and well-being are a priority throughout the claims process.
Our solicitors work under a Conditional Fee Agreement (CFA), which provides the following benefits:
- No solicitor fees at the start of your claim.
- No solicitor fees as the claim progresses.
- No solicitor fees if your claim is unsuccessful.
You will only need to pay for your solicitor’s work if you win. This is referred to as a success fee, which is taken as a legally capped percentage of the compensation. Therefore, you’ll always receive the majority of your compensation.
What Services Does Legal Expert Provide?
Legal Expert provides a range of nationwide services through our team of experienced solicitors. By making a claim for damp and mould compensation with one of them, you’ll be entitled to the following, amongst other services:
- Regular case updates so you always know where your claim stands.
- Advice that strictly adheres to the rules of confidentiality.
- Explanations of key legal terminologies and assistance with signing documentation.
- Help with gathering, reviewing, and assembling evidence to build a strong case for damp claim compensation.
- Expert representation in all correspondence and a dedicated approach to negotiating a settlement that fairly reflects the extent of your suffering.
Whether you have questions about how much compensation for damp and mould you might receive or want to get started with your claim, please get in touch with one of our helpful advisors today. You can reach them at any time via the following options:
- Call our team on 0800 073 8804
- Use our contact us form
- Or message us online with our 24/7 live chat service.
Useful Links
Some useful links:
- Our guide on housing disrepair compensation
- See our overview of landlord compensation claims
- NHS guidance on whether damp and mould can affect health
If you’re wondering, ‘I have penetrating damp leading to mould, can I claim compensation?’, we hope this guide has helped.
