Home / Things you can claim / Damp and mould
Damp and mould in your rented home? You may be able to claim.
If you've told your landlord about damp or mould and it still hasn't been fixed, you may be entitled to have the repairs done and to receive compensation. Answer a few quick questions and we'll check where you stand.
- No win, no fee: nothing to pay upfront
- For council, housing association and private tenants
- Our own specialist solicitors handle damp and mould cases
Three kinds of damp, and why it matters which one you have
Condensation
Moisture in the air settles on cold surfaces, often causing black mould on walls, windows and corners. It can be linked to poor ventilation, a broken extractor fan, weak heating or missing insulation. Whether your landlord is responsible depends on the cause.
Penetrating damp
Water gets in through the building itself, such as a leaking roof, blocked gutters, cracked walls, failed seals or leaking pipes. Look for damp patches that get worse after rain. This is usually the landlord's responsibility to repair.
Rising damp
Moisture travels up from the ground when the damp-proof course fails. Tide marks, peeling paint and crumbling plaster low on walls are common signs. It normally needs a proper repair, not just repainting.
What your landlord must do
Under section 11 of the Landlord and Tenant Act 1985, your landlord must keep the structure and exterior of your home in repair, along with the installations for water, heating and sanitation. In England, they must also make sure the home is fit to live in, and serious damp and mould can make it unfit.
Social landlords in England also face stricter deadlines for investigating and fixing damp and mould under Awaab's Law. The exact timescales depend on the hazard.
Why it's not just cosmetic
Damp and mould can damage your belongings and make rooms unusable. They can also affect health, particularly for children, older people and anyone with asthma or other breathing conditions. If anyone in your home is affected, see your GP and keep a record of what they say.
Your landlord can't lawfully evict you for reporting a problem or making a claim.
What to do right now
- Photograph and film the damp and mould before you clean it, with a coin or ruler for scale
- Report it to your landlord in writing, by email or letter, and keep a copy
- Keep every reply, repair visit note and call log
- Ventilate rooms and wipe small patches safely, but don't paint over it
- Keep receipts for extra heating, cleaning or damaged belongings
- See your GP if anyone's health is affected
What affects compensation
Each case is different, and we can't promise an amount. Solicitors usually look at:
- How long the problem went unfixed after you reported it
- How bad it is and how many rooms are affected
- Any effect on your health or your family's
- Damage to your belongings and extra costs you've had
How your claim works
Tell us the problem
Complete the short form with your landlord and the repairs needed.
We review it
We check the facts, the dates you reported the issue, and your evidence.
Our solicitors take over
If you have a claim, one of our specialist solicitors contacts you to take it forward.
Repairs and compensation
Your solicitor pursues the repairs and any compensation you're owed.
How a damp and mould claim works
1. Report it and gather evidence
Tell your landlord about the damp or mould in writing and keep a copy. Photos, videos and any medical notes help.
2. Your solicitor writes to your landlord
Before any court case, one of our specialist solicitors sends a formal letter setting out the problem and asking your landlord to inspect, repair and respond. An expert damp or building surveyor may be asked to inspect and confirm the cause.
3. Repairs and compensation
Many landlords agree to carry out repairs and pay compensation without a hearing. If they don't, the claim can go to court, where a judge can order repairs and award compensation. Each case is different, and we can't promise an outcome.
Can I claim if I've already moved out?
Often yes, for the time you lived with the problem, but time limits apply, so speak to us as soon as you can.
Damp and mould claims: your questions
Is my landlord always responsible for mould?
Not always. If the cause is a defect such as a leak, a failed damp-proof course or a broken extractor fan, the landlord is usually responsible. If it's caused only by how the home is used, it can be harder. Your solicitor will look at the cause.
Can I claim if the mould keeps coming back?
Yes. Repeated cosmetic fixes that don't deal with the cause can still leave you with a claim, particularly if you've reported it more than once.
Do I need a survey?
Not to start. Photos and your reports to the landlord are a good start. If needed, your solicitor can arrange an expert inspection.
Will it go to court?
Most claims settle without a hearing, after a formal letter to the landlord and a set pre-action process.
How much will it cost me?
Nothing upfront. It's no win, no fee, but some costs can still apply in certain situations. See how our fees work.
Other problems we can help with
Ready to find out where you stand?
Check my claimHow our fees work
Disrepair Claims Hub is a trading style of Equitas Solicitors Ltd. Our own solicitors handle every claim from start to finish, and we explain our fees in writing before you sign anything. Read the full guide to our fees.
- Upfront: you pay nothing to start.
- If your claim succeeds: your landlord usually pays most of our costs. If it does not pay all of them, a success fee may apply, capped at 25% of your damages. The insurance premium, a flat £425 plus Insurance Premium Tax (£476.00 in total at the current 12% rate), is payable only if you win and comes out of your compensation. VAT [applies / does not apply] to our fees.
- If it does not succeed: you do not pay our charges, provided you have kept to your agreement with us. Your insurance is designed to cover the other side's costs and the expenses it insures. Cover can be lost in some situations, and in a few you may have to pay our charges. These are explained in the full guide.
- What's included: [list the stages covered], usually taking [X to Y months].
- Cooling-off: you have 14 days to cancel after signing without charge. If you cancel, your insurance ends too.
Complaints
We want to put things right. If you're unhappy, tell us at Enquiries@disrepairclaimshub.co.uk, on [phone] or in writing to [address]. We'll acknowledge your complaint within [X] working days and aim to reply within [Y] weeks. [Insert the steps of your procedure.]
If we can't resolve it, you can complain to the Legal Ombudsman, normally within six months of our final written response. [COLP to confirm current time limits.] You can also report concerns about our conduct to the Solicitors Regulation Authority.
Privacy notice
Equitas Solicitors Ltd is the data controller. We use the details you give us to assess your enquiry, contact you and, if you instruct us, handle your claim. Our lawful bases are [list them]. We share data only with [service providers, insurers, experts, courts] and keep it for [retention period]. If you upload photos or videos, we use them only to assess your claim, and they may contain location data.
You can ask to see, correct or delete your data, restrict or object to its use, or ask for a copy. Contact Enquiries@disrepairclaimshub.co.uk. You can also complain to the Information Commissioner's Office. We only send news and offers if you tick the optional box, and you can opt out at any time. [Replace with your full UK GDPR privacy notice.]
Who we are
Disrepair Claims Hub is a trading style of Equitas Solicitors Ltd, authorised and regulated by the Solicitors Regulation Authority, SRA number 459787. Company number 5871121. Registered office: Muirfields Buildings, 5 Fairways Office Park, Pittman Way, Fulwood, Preston, Lancashire, PR2 9LF.