Damp & Mould Claims
Black mould on the walls, condensation, a musty flat your landlord won't sort? You may be owed repairs and compensation.
Damp and black mould aren't just unpleasant — they destroy your belongings and can seriously affect your family's health. You've told your landlord. The problem's still there. Here's the thing: the law is on your side. Your landlord has a legal duty to keep your home free from serious damp and mould hazards, and when they don't, you can force the repairs and claim compensation for the misery, the ruined clothes and furniture, and any health impact.
Reviewed by Sannah Khatoon, Litigation & Housing Disrepair Solicitor · SRA #654258 · Admitted 2018
Two separate legal duties usually apply to damp and mould. Under section 11 of the Landlord and Tenant Act 1985, your landlord must keep the structure and exterior of your home in repair — the roof, walls, guttering, windows and pipework that, when they fail, let water in and cause penetrating or rising damp. On top of that, the Homes (Fitness for Human Habitation) Act 2018 (which added section 9A to the 1985 Act) requires most rented homes to be fit for human habitation for the whole tenancy — and serious damp and mould can make a home unfit.
Under the Housing Health and Safety Rating System (HHSRS), the framework councils use to assess hazards in housing, 'damp and mould growth' is a recognised hazard category. Where damp and mould reach a serious level they can amount to a 'category 1' hazard, which a council has a duty to act on. That same standard is what a court looks at when deciding whether a home is fit to live in.
The route to a claim is set out in the Pre-Action Protocol for Housing Conditions Claims (England). In practice that means reporting the problem to your landlord in writing, giving them a reasonable chance to inspect and repair, and — if they don't — instructing a solicitor who arranges an independent survey and puts the claim to the landlord. Most claims settle with the repairs carried out and compensation paid, without a court hearing.
Compensation for damp and mould is assessed on the facts of your case — how bad it was, how long you lived with it, the damage to your belongings and any effect on your health — so we don't quote fixed figures. A regulated solicitor will give you an honest, case-specific view. For general background on your landlord's repair duties, see GOV.UK's guidance for private and council tenants.
How we can help
- Rising, penetrating and condensation damp
- Black mould affecting health and belongings
- Claims against councils, housing associations and private landlords
- Court orders compelling your landlord to fix it
These claims are run on a no-win, no-fee basis by SRA-regulated solicitors, so in suitable cases it costs you nothing up front to find out where you stand. Start your claim using the form and a regulated solicitor will review your situation. We connect you with a regulated firm — we are not a firm of solicitors ourselves.
Frequently asked questions
Do I qualify for a damp and mould claim?
You may have a claim if you rent your home, you reported the damp or mould to your landlord, and they failed to put it right within a reasonable time. Your landlord's duty to keep the structure and exterior in repair comes from section 11 of the Landlord and Tenant Act 1985, and the Homes (Fitness for Human Habitation) Act 2018 requires the home to be fit to live in. A regulated solicitor can tell you honestly whether your situation qualifies.
Is my landlord responsible for condensation damp?
Often, yes. Condensation damp is frequently linked to disrepair the landlord is responsible for — poor ventilation, a broken extractor fan, failed windows or inadequate heating. Under the Housing Health and Safety Rating System, damp and mould growth is a recognised hazard, and where it makes the home unfit the landlord can be liable regardless of how the moisture started. The answer turns on the facts, which is what an independent survey establishes.
How long do I have to make a damp and mould claim?
Time limits come from the Limitation Act 1980. You generally have up to six years to claim for the disrepair itself and three years for any personal injury or ill health it caused. The sooner you get advice the better, while the evidence — photos, letters and the mould itself — is still fresh.
Can I be evicted for reporting damp or mould?
Evicting a tenant simply for asking for repairs or making a disrepair claim is 'retaliatory eviction'. Section 33 of the Deregulation Act 2015 restricts a landlord's ability to use a section 21 notice after a tenant has complained about conditions. Don't let a threat put you off getting advice — a regulated solicitor can explain exactly where you stand.
What can I claim for damp and mould?
Typically a reduction of the rent you paid while living with the disrepair, the cost of belongings ruined by damp or mould (clothes, furniture, bedding), and an amount for the inconvenience, distress and any health impact — plus an order that the repairs are actually done. Amounts are assessed on the individual facts, so a solicitor will give you a case-specific estimate rather than a fixed figure.
How does no win, no fee work for a damp claim?
Most damp and mould claims are run under a Conditional Fee Agreement (a 'no win, no fee' agreement), usually alongside After the Event (ATE) insurance that covers the other side's costs if the claim doesn't succeed. In suitable cases that means nothing to pay up front and nothing to pay if you lose. Your solicitor must explain the funding in full before anything starts.
Sources & further reading
- Landlord and Tenant Act 1985, s.11 (repairing obligations) — legislation.gov.uk ↗
- Homes (Fitness for Human Habitation) Act 2018 — legislation.gov.uk ↗
- Housing Health and Safety Rating System (HHSRS) — GOV.UK ↗
- Repairs if you're a private tenant — GOV.UK ↗
This page is general legal information, not legal advice. Every housing-disrepair case turns on its own facts — speak to a solicitor about your situation. UK Housing Disrepair Solicitors is a connector service: we put tenants in touch with SRA-regulated solicitors, and we are not a firm of solicitors ourselves.