By Jo Anderson. Last Updated 4th September 2024. You may be wondering if, after suffering effects of sleeping in a damp room, you could make a personal injury claim against your landlord.
In this guide, we offer advice on claiming compensation if you have suffered harm due to sleeping in a room with mould and damp in the property you’re renting. We will also discuss the duty of care landlords owe their tenants regarding house repairs. Additionally, we will share examples of the illnesses you could suffer from due to being exposed to damp and mould, as well as the evidence that could be used to support your claim.
To find out if you can make a personal injury claim against your landlord for illness caused by black mould in your rental property, call our advisors for a free case assessment. Our friendly team is available 24/7 to help you.
You can contact our advisors by:
- Calling 0800 073 8801
- Reach us online using our contact form
- Or you can use our live chat service.
Select A Section
- Tenants’ Rights To Damp And Mould Compensation – Is Damp A Landlord’s Responsibility?
- What Illnesses And Complications Could Be Caused By Penetrating Damp And Mould?
- How Much Compensation For Damp And Mould Could I Claim?
- No Win No Fee Compensation Claims Against Landlords For Penetrating Damp
- Essential Resources Relating To Tenant’s Rights to Damp and Mould Compensation
Tenants Rights To Damp And Mould Compensation – Is Damp A Landlord’s Responsibility?
If you’re wondering ‘Is damp a landlord’s responsibility?’ the answer may not be as simple as saying yes or no.
There could be confusion about the responsibilities and tenants’ rights in damp properties. This is because there are different reasons that there might be damp or mould within a property.
For example, rising damp or penetrating damp may be the landlord’s responsibility because they are responsible for the structural maintenance of a property that they rent out.
However, there is a big difference between penetrating damp and condensation, and that is the fact that condensation could actually be caused by a tenant’s lifestyle, if they hang washing inside the house, cook often without ventilation, have a lot of showers, or boil a lot of water. However, it could also be argued that if a property has poor ventilation, this may lead to damp caused by condensation.
When it comes to repairing damp within a property, even damp caused by condensation, it could be argued that this falls under the landlord’s obligations as if condensation is a big issue, and mould is forming, then it may be considered to be a structural issue.
Mould In A Rented Property – How Long Do I Have To Claim For Harm Caused?
If you are eligible to make a claim for compensation for mould and damp, you will need to be aware of the time limits in place.
If you are making a housing disrepair claim for damp and mould in a rented property, you will generally have 6 years to start your claim.
Alternatively, if you are making a personal injury claim, under the Limitation Act 1980, you will generally have 3 years to start your claim from the date you suffered harm. However, some exceptions may apply to this limitation period for minors and those who lack the mental capacity to make their own claim.
To see which type of claim you should make for damp and mould, or for landlord responsibility regarding mould, you can contact our advisors.
What Illnesses And Complications Could Be Caused By Penetrating Damp And Mould?
Compensation for damp and mould can be awarded for a variety of different health conditions. Damage could also be caused to furnishings and possessions within your home.
We have provided a brief list of health conditions mould compensation could be awarded here:
- Asthma and respiratory illnesses.
- Allergic reactions.
- Weakened immune system.
- Skin conditions.
People Who Should Avoid Sleeping In Rooms With Mould Growth or Penetrating Damp.
While all people who sleep in rooms with mould growth are at increased risk of ill health, certain persons could be of increased sensitivity and therefore more vulnerable, including:
- Young children and babies.
- The elderly.
- People suffering from allergies.
- Those with asthma or other respiratory conditions.
- People suffering from skin conditions such as eczema.
- Individuals with compromised immune systems.
To learn about the types of harm you could claim for, or to find out how much compensation for damp and mould related illnesses you could be eligible to receive, talk to our advisory team today using the contact information provided above.
How Much Compensation For Damp And Mould Could I Claim?
If you successfully receive compensation for a damp and mould claim, your settlement could consist of general and special damages.
General damages is the head of claim that compensates you for the harm you have suffered and the pain and suffering they’ve caused you.
The Judicial College Guidelines (JCG) could be useful to those calculating such payouts. It provides a list of different injuries and illnesses at varying severities, along with associated guideline compensation brackets. You can see some figures from the JCG in the table below. However, we should note that the first line in the table is not from the JCG and that these figures should only ever be used as guidance. We’ve also included a figure in the top the row, not from the JCG, to show you how compensation could be awarded for multiple injuries and illnesses and any related expenses.
| Illness/Injury | Notes | Payout bracket |
|---|---|---|
| Multiple serious injuries causing financial expense. | Settlements for a combination of multiple serious injuries. Inclusive of damages for pain and suffering and for financial expense such as medical expenses, and loss of earnings. | Up to £100,000+ |
| Dermatitis in both hands (a) | Work capability and the ability to perform domestic tasks may be affected. | £16,770 to £23,430 |
| Dermatitis in one or both of your hands (b) | Symptoms could last for a significant period of time, but special gloves and treatments may be effective over time. | £10,550 to £13,930 |
| Asthma (a) | Asthma causing disturbances to sleep due to regular coughs, leading to loss of enjoyment of life and restrictions on a person’s ability to work. | £52,550 to £80,240 |
| Asthma (b) | Chronic asthma causing breathing difficulties. An uncertain prognosis could fall under this bracket. | £32,090 to £52,490 |
| Asthma(c) | This may take a few years to recover from and would have an impact on work/social life | £23,430 to £32,090 |
| Asthma (d) | Claims in this bracket could arise from the inhalation or vapours that irritate the respiratory system. | £12,990 to £23,430 |
Additionally, you may receive compensation for costs and financial losses sustained due to the harm you have suffered. These are compensated under special damages, and can include:
- Care costs – If your illness or injury has left you unable to care for yourself, and you’ve had to have paid care at home.
- Medical expenses – If you need to pay for prescription medicines, for example.
- Loss of income – Loss of earnings could result from you being unable to work due to your injuries or illness.
- Travel expenses – If you needed to pay for transport to go to medical appointments or to visit your solicitor for a meeting, these could be compensated for under special damages.
Providing evidence of these costs with documents, such as payslips, receipts and invoices, could help support your claim for special damages.
To learn more about how compensation is calculated in housing disrepair claims, please contact an advisor.
No Win No Fee Compensation Claims Against Landlords For Penetrating Damp
If you are eligible to make a claim for compensation for damp and mould that has caused you harm, you might wish to get help from a solicitor. By working with a solicitor who has experience with these types of claims, they could help you gather evidence and negotiate with the liable party for an appropriate compensation settlement.
One of our solicitors could offer to work on your case under a No Win No Fee agreement, such as a Conditional Fee Agreement. With this type of contract in place, you will not have to pay them anything upfront to obtain their services. You also won’t be required to pay them for their work while your claim is progressing or if it fails.
A success fee will be deducted from your compensation should your claim be a success. There is a legal cap in place that limits the percentage that this fee can be.
To check whether you could be eligible to make a claim with one of our No Win No Fee solicitors or to discuss your case with an advisor, please don’t hesitate to get in touch.
Start My Penetrating Damp And Mould Claim
Do you now know more about tenants right to damp and mould compensation? Do you feel that you would like to make a claim, or would you like more advice? Either way, you can reach us in any one of the following ways and we’ll be happy to help you.
By telephone: 0800 073 8801
Via email: office@accidentclaims.co.uk
Or, if you prefer, you could fill in the contact form. Alternatively, why not use the live chat feature here on the site. However and whenever you choose to get in touch, we’ll be glad to help you.
Essential Resources Relating To Tenants Rights to Damp and Mould Compensation
- Council Claims – Here is our guide to making claims against a local authority.
- Housing Disrepair – Our guidance on housing disrepair claims can be found here.
- Claiming With A Pre Existing Condition – If you already had asthma or another condition and it was made worse, then this guide may be of use.
- Advice on non fault accident compensation claims. Learn more about claiming for a non-fault car accident with our guide.
Tenants Resources And Medical References Relating To Damp Compensation Claims
- NHS Reference On Damp And Mould – Here, you can read what the NHS has to say about the effects of damp/mould on health.
- Shelter – Damp And Mould – Shelter, a UK charity, offer advice on damp and mould in properties.
We hope this guide helped you understand more about claiming compensation from a landlord for mould and damp. Plus, how much compensation for housing disrepair you could receive. For any further queries, get in touch today.
