Compensation for Damp and Mould Due to Housing Disrepair
Damp and mould are common issues in rental properties that can significantly impact the health and wellbeing of tenants. When these problems arise due to a landlord’s failure to maintain the property to an acceptable standard, tenants have the right to seek compensation. In this guide, we’ll explore everything you need to know about making a housing disrepair claim related to damp and mould, how the process works, and the compensation you might be entitled to receive.
What is Damp and Mould in Housing?
Damp occurs when moisture penetrates the walls, ceilings, or floors of a property. This moisture can come from a variety of sources, such as leaks, condensation, or rising damp from the ground. If left untreated, damp can lead to mould growth, a type of fungus that thrives in damp, humid conditions. Both damp and mould can cause significant damage to a property and have serious health implications for tenants.
Types of Damp
There are several types of damp that can affect a property, and understanding the nature of the problem can help tenants make a stronger case when seeking compensation.
- Rising Damp: This occurs when moisture from the ground moves up through the walls and floors of a property. It’s often found in basements or ground-floor rooms and can cause extensive damage to the structure of a building.
- Penetrating Damp: Caused by water entering the property from outside, penetrating damp is usually a result of leaks in roofs, windows, or walls. It often leads to wet patches on walls and ceilings, peeling wallpaper, and crumbling plaster.
- Condensation Damp: The most common form of damp, condensation occurs when warm, moist air inside the property comes into contact with colder surfaces, such as windows or walls. Poor ventilation exacerbates this problem, often leading to mould growth.
The Impact of Damp and Mould on Tenants
Damp and mould can have a significant negative effect on tenants’ health and quality of life. Prolonged exposure to damp conditions and mould spores can lead to a range of health problems, including:
- Respiratory Issues: Mould spores can irritate the lungs and trigger asthma attacks, allergies, or even cause respiratory infections.
- Skin Irritations: Prolonged exposure to damp conditions can cause or worsen eczema and other skin conditions.
- Mental Health Problems: Living in a damp, mouldy environment can lead to increased stress, anxiety, and depression, particularly if the tenant feels powerless to resolve the issue.
Additionally, damp can damage personal property, such as clothing, furniture, and electrical items, which may lead to financial loss. If the conditions are severe enough, rooms may become unusable, leading to overcrowding or discomfort in other parts of the home.
Landlord’s Responsibility for Damp and Mould
Landlords have a legal obligation to ensure that their rental properties are free from damp and mould and that they are safe, warm, and habitable. Several pieces of legislation support the rights of tenants in this regard, most notably:
- The Landlord and Tenant Act 1985: This Act places a duty on landlords to maintain the structure and exterior of the property, including ensuring that the property is free from rising and penetrating damp.
- The Homes (Fitness for Human Habitation) Act 2018: Under this law, landlords are required to ensure that their properties meet certain living standards, and this includes being free from damp and mould.
Failure to meet these obligations can lead to tenants suffering both in terms of their health and their financial situation. If landlords neglect their duties, tenants can pursue housing disrepair claims to seek compensation.
What is a Housing Disrepair Claim?
A housing disrepair claim is a legal action taken by a tenant against their landlord for failing to maintain the property in a safe and habitable condition. If damp and mould in the property are caused by the landlord’s negligence, the tenant may be entitled to compensation. The aim of the claim is to force the landlord to make necessary repairs and compensate the tenant for any harm or inconvenience caused.
When Can You Make a Claim?
To make a housing disrepair claim, tenants must first demonstrate that they have notified the landlord of the issue and given them a reasonable amount of time to carry out the necessary repairs. If the landlord fails to take action or carries out inadequate repairs, the tenant can then begin the process of making a formal claim.
To strengthen their case, tenants should:
- Report the Problem in Writing: Keep records of all communications with the landlord regarding the issue.
- Collect Evidence: Take photos of the damp and mould, and keep a diary of any health issues, inconvenience, or damage to personal property that occurs as a result.
- Seek Medical Advice: If the damp and mould have affected the tenant’s health, obtaining medical records or a doctor’s note can strengthen the claim.
The Process of Making a Claim for Damp and Mould
The process of making a housing disrepair claim for damp and mould typically follows these steps:
1. Notifying the Landlord
The first step in making any housing disrepair claim is to notify the landlord of the problem. This should be done in writing, clearly outlining the nature of the damp and mould, the damage it’s causing, and requesting that repairs be made. Tenants should keep a copy of this communication as evidence that they have informed the landlord of the issue.
2. Allowing a Reasonable Time for Repairs
Once the landlord has been notified, they should be given a reasonable amount of time to fix the issue. What is considered “reasonable” depends on the severity of the problem. For example, if the damp is causing health issues, urgent action should be taken.
3. Seeking Legal Advice
If the landlord fails to address the problem or does not carry out the repairs adequately, the tenant may need to seek legal advice. Solicitors specialising in housing disrepair claims such as ourselves can assess the case and help determine the best course of action.
4. Independent Survey
In some cases, wer may arrange for an independent surveyor to assess the extent of the damp and mould. This professional report can serve as crucial evidence in the claim.
5. Formal Letter of Claim
We will send a formal Letter of Claim to the landlord, outlining the tenant’s case and the evidence gathered. This letter will request that the landlord carries out the necessary repairs and offer compensation for any inconvenience, health issues, or financial loss caused by the damp and mould.
6. Negotiation or Court Action
In many cases, landlords will agree to carry out repairs and offer compensation following the Letter of Claim. However, if the landlord disputes the claim or refuses to take action, the case may proceed to court. The court can then order the landlord to make repairs and award compensation to the tenant.
Compensation for Damp and Mould
Tenants who successfully bring a housing disrepair claim for damp and mould may be entitled to various forms of compensation, depending on the impact the disrepair has had on their life.
1. General Damages
General damages compensate tenants for the inconvenience and loss of enjoyment of their home. This can cover situations where rooms have become unusable due to damp or mould, or where the tenant has experienced discomfort or distress as a result of living in substandard conditions.
2. Special Damages
Special damages are awarded to cover specific financial losses caused by the damp and mould, including:
- Damage to Personal Property: Damp and mould can ruin furniture, clothing, and electrical items. Tenants may claim compensation to replace these damaged items.
- Health Issues: If the damp and mould have caused or worsened health problems, such as respiratory issues or skin conditions, tenants can claim for the cost of any medical treatment or medication required.
- Loss of Earnings: If the damp and mould have caused serious health issues that result in the tenant being unable to work, they may claim for any loss of income suffered.
3. Reduction or Refund of Rent
If the tenant has been living in damp, mouldy conditions for a significant period, they may also be entitled to a reduction or refund of rent. The amount awarded will depend on the extent to which the disrepair has affected the tenant’s use and enjoyment of the property.
Health Implications of Damp and Mould
Living with damp and mould can have serious consequences, particularly for vulnerable individuals such as children, the elderly, and those with pre-existing health conditions. Some of the most common health problems associated with damp and mould include:
- Asthma and Respiratory Issues: Mould spores can irritate the lungs, leading to or exacerbating asthma and other respiratory conditions.
- Allergies: Mould can cause allergic reactions, leading to symptoms such as sneezing, coughing, and skin irritation.
- Infections: In extreme cases, exposure to mould can lead to more severe infections, particularly in individuals with weakened immune systems.
- Mental Health: Prolonged exposure to poor living conditions, including damp and mould, can contribute to stress, anxiety, and depression.
Common Defences Used by Landlords
Landlords may attempt to defend themselves against a housing disrepair claim by arguing that the tenant is responsible for the damp and mould. Common defences include:
- Tenant Negligence: The landlord may claim that the tenant caused the damp and mould by not adequately ventilating the property or by drying clothes indoors. To counter this defence, tenants should ensure they have followed any advice given by the landlord regarding ventilation and humidity control.
- Access Denied: A landlord may argue that they were unable to carry out repairs because the tenant did not allow them access to the property. Tenants should keep records of any communication regarding access arrangements to avoid this defence being used.
Housing Disrepair Further Reading
Housing Disrepair and Human Rights
Housing Disrepair Asthma Claims
Housing Disrepair Specialist Solicitors
Legal Action Against Landlord for Housing Disrepair