Mould, Damp and Disrepair: How to Claim Compensation
Living in a home with mould, damp, or structural disrepair can significantly impact your health and wellbeing. If your landlord has failed to address these issues, you may be entitled to compensation. Here’s a step-by-step guide on how to claim for housing disrepair.
What are Mould, Damp, and Housing Disrepair?
Housing disrepair refers to a property being in poor condition due to the landlord’s failure to maintain it. Common issues include:
Mould and damp: Caused by excess moisture in the home, these can lead to respiratory problems, skin irritation, and damage to belongings.
Leaks: Persistent water ingress from damaged pipes or roofing can cause structural problems.
Broken heating systems: A malfunctioning heating system can lead to excessive cold, making living conditions unbearable.
Landlords are legally obligated to maintain properties to ensure they are fit for human habitation, as outlined in the Homes (Fitness for Human Habitation) Act 2018.
Can You Claim Compensation?
If your landlord has been made aware of the issues and has not taken action to resolve them within a reasonable time, you can likely claim for:
Loss of Rental Value: whilst you are currently paying your full rent, but the property is in disrepair you are not getting what you are paying for. Therefore the most likely financial remedy is a return of a percentage of the rent paid to you.
Financial losses: For example, if your belongings were damaged by damp or mould, you may claim the cost of replacements.
Personal injury: If mould or disrepair has caused you health problems, you could seek compensation for medical expenses or emotional distress.
Steps to Take When Making a Claim
- Report the problem: Notify your landlord about the disrepair in writing (email or text can suffice). Keep a copy of all correspondence. Make a complaint.
- Give your landlord time to fix it: Depending on the severity, landlords should address emergency repairs within 24 hours, and other repairs within a reasonable timeframe.
- Gather evidence: Take photos of the disrepair, mould, or damp. Keep records of any financial losses (e.g., damaged furniture) and medical reports if the disrepair has affected your health.
- Seek legal advice: A solicitor specialising in housing disrepair claims can help assess your case and advise on the next steps.
What Can You Claim For?
You may be able to claim compensation for:
Damage to belongings: Compensation for furniture, clothing, or appliances ruined by damp, mould, or leaks.
Medical conditions: If the conditions of your home have caused or worsened health issues such as asthma, you may claim for medical expenses and personal injury.
Loss of amenity: If disrepair has affected your use of the home (e.g., a room is unusable due to damp), you could claim for the inconvenience.
How Much Compensation Could You Receive?
Compensation varies based on factors such as:
- The severity of the disrepair
- How long the issue persisted
- The impact on your health and wellbeing
- The financial losses incurred
Claims for serious health impacts or extensive damage may result in higher payouts.
What If Your Landlord Ignores the Problem?
If your landlord fails to act, you can escalate the issue by:
- Reporting the disrepair to your local council’s environmental health department.
- Contacting the Housing Ombudsman for further advice.
If all else fails, taking legal action might be necessary. Solicitors offering no win, no fee services can handle your claim without upfront legal costs, making it accessible for tenants in difficult situations.
Conclusion
If mould, damp, or disrepair has made your home unsafe or uncomfortable, you have the right to claim compensation. Document the issues, keep communication with your landlord, and seek legal assistance if necessary. By understanding your rights, you can take action to improve your living conditions and seek compensation for any damages or distress suffered.