Exposure to mould and damp in a poorly maintained property can lead to significant respiratory injuries, such as Asthma particularly in vulnerable individuals such as children, the elderly, or those with pre-existing health conditions. When a property suffers from housing disrepair, such as inadequate ventilation, leaks, or improper insulation, it creates an environment where mould can thrive. Prolonged inhalation of mould spores and damp air can exacerbate or cause respiratory conditions like asthma, bronchitis, and other chronic lung diseases. The constant exposure to these harmful conditions can lead to persistent coughing, shortness of breath, wheezing, and a general decline in lung function, severely impacting the quality of life and overall health of the occupants. Such health implications underscore the importance of addressing housing disrepair promptly to prevent long-term harm.

Housing Disrepair Causing Asthma Compensation Calculator

As expert solicitors in this field we are often required to investigate a tenant’s complaint that their asthma has been caused by the state of the property or if they has suffered from asthma previously if the damp and mould in the property has made their asthma worse.

The way to prove this will be to instruct a specialist medical expert to advise on the cause of the asthma due to poorly maintained property.  If the expert can prove the damp and mould either caused the asthma or made the tenant’s asthma worse then a claim for personal injury compensation can be made.

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How much compensation for asthma due to housing disrepair?

Every case is individual and will be decided on its own facts but for general guidelines the following compensation levels in our asthma calculator are set out below:

    1. Mild Asthma

  • Compensation Range: £5,000 to £10,000
  • Description: Mild asthma with occasional breathing difficulties, which is largely controlled with medication. Impact on daily activities is limited.
  1. Moderate Asthma
  • Compensation Range: £10,000 to £25,000
  • Description: Persistent asthma with more frequent symptoms, requiring regular use of inhalers or other medication. The condition may affect sleep, exercise, and overall quality of life, but the claimant is generally able to lead a relatively normal life with some restrictions.
  1. Severe Asthma

  • Compensation Range: £25,000 to £45,000
  • Description: Severe, chronic asthma with frequent and debilitating symptoms. The condition significantly impacts daily activities, employment prospects, and overall quality of life. The claimant may experience regular hospital admissions or require intensive treatment.
  1. Very Severe and Chronic Asthma

  • Compensation Range: £45,000 to £65,000+
  • Description: Severe cases with life-threatening exacerbations, frequent hospitalisations, and a profound impact on all aspects of life. The condition may lead to a permanent reduction in life expectancy and substantial disability.

        Additional Factors Affecting Compensation

  • Causation: The claimant must demonstrate a clear link between the exposure to mould or damp and the development or exacerbation of asthma. Thsi is proven by independent medical reports.
  • Impact on Life: Awards can increase depending on the extent to which the asthma affects the claimant’s daily life, work, and future prospects.
  • Age and Vulnerability: Younger claimants or those who were particularly vulnerable to respiratory conditions may receive higher awards.

It is important to note that these are general ranges, and each case is assessed on its own merits. For an accurate assessment, it is advisable to consult a legal professional who can provide specific advice based on the facts of the case and the most current guidelines.  Also please read further on housing disrepair claims.

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Housing Disrepair Compensation Calculator

Generally there are two claims for compensation for a housing disrepair claim that can be used to calculation the total compensation award.  The first is the ‘property claim‘  that can include the cost of the repairs, damage to property, and loss of enjoyment of the use of the property.  The second element is if the tenant has suffered injury, usually respiratory illness such as asthma, ‘the injury claim.’

Housing Disrepairs – Loss of Enjoyment Claim

In addition to the personal injury element such as asthma, in England and Wales compensation for loss of enjoyment due to housing disrepair can vary significantly based on several factors, including the severity and duration of the disrepair, the impact on your daily life, and any financial losses incurred. Here are some key points to consider:

  1. Severity and Duration of Disrepair: The more severe and prolonged the disrepair, the higher the potential compensation. For example, if the disrepair has made parts of your home uninhabitable or has caused significant inconvenience, this will be taken into account.
  2. Impact on Daily Life: If the disrepair has affected your ability to use your home as intended, such as causing health issues, preventing you from using certain rooms, or leading to stress and anxiety, this will also be considered.
  3. Financial Losses: Any direct financial losses incurred due to the disrepair, such as increased heating costs, damage to personal belongings, or costs of temporary accommodation, can be claimed.
  4. Legal Precedents: Previous cases and settlements can provide a benchmark for compensation amounts. However, each case is unique, and compensation is determined based on the specific circumstances.

Addition, Compensation a tenant can also claim compensation for Housing Disrepair

  • Specific performance for the repairs to be carried out.
  • Any damage to property of the tenant.
  • Removal costs if a tenant has to move to another property.
  • Any loss of earnings or other expenses associated with the housing disrepair.

Expert Advice on our Housing Disrepair Calculators

To provide a more accurate estimate, more detailed information about the nature of the disrepair, its impact on your life, and any financial losses would be helpful. If you don’t have this information, that’s okay; you can still seek legal advice to get a more tailored estimate from our housing disrepair calculator in respect of your asthmatic condition.

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Housing Disrepair Further Reading

Housing Disrepair Claims Specialists

Housing Disrepair and Asthma Claims

Housing Disrepairs Compensation

Housing Disrepair and Human Rights

 

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