A tenant claim guide to housing disrepair compensation
Living with mould in a rented property isn’t just unpleasant—it can pose a serious risk to your health and well-being. Mould is consistently among the most common issues raised in housing disrepair cases. In a 2023 survey undertaken by the housing charity Shelter, it was found that over 60% of residents in the UK have experienced mould in their homes. In 2021-2022 English councils received over 20,000 complaints about poor housing conditions, and a significant proportion of these complaints were related to mould and damp.
When a landlord fails to deal with issues such as damp or mould, tenants may have the right to claim housing disrepair compensation. This tenant claim guide will walk you through the causes of mould, its health risks, your legal rights, and how to claim for disrepair effectively.
Understanding mould in rented properties
What causes mould in a rented property?
Mould in a rented property thrives in damp environments, often resulting from:
- Leaking pipes or roofs: when water leaks from these areas, it will add moisture into the property, which in turn will provide the ideal environment for mould to grow.
- Poor ventilation: When ventilation is inadequate this may lead to a build up of compensation, which can promote the growth of mould
- Rising damp caused by ground moisture: Moisture from the ground can travel up through the building’s structure, resulting in damp patches on walls and floors
- Condensation due to inadequate heating: When moist air comes into cold surfaces in your property, this can provide the conditions for mould to develop.
Issues such as mould in a rented property are typically the landlord’s responsibility to fix, and if they fail to do so, you could be entitled to housing disrepair compensation.
Health risks associated with mould
Exposure to mould can lead to serious health problems. If you are experiencing ant of these problems, we can talk you through the processes of a housing disrepair claim if your landlord chooses inaction. Some of the main health risks include:
- Respiratory issues like asthma and bronchitis. The WHO (World Health Organization) reports that exposure to damp and mould increases the risk of asthma by 40% and respiratory infections by 50%
- Allergic reactions. Research conducted by the WHO indicates that prolonged exposure to damp and mould increases the risks of allergic reactions by up to 50%, which can include symptoms such as sneezing, skin irritation, red eyes and respiratory discomfort
- Mental health effects due to living conditions: A study by Environmental Health discovered that living in a home with mould and damp increases the risk of depression by 34-40%. This can be attributed towards anxiety, sleep disturbance and feelings of helplessness due to their landlord refusing repairs.
Mould in a rental property should be treated as an urgent problem that needs to be resolved. The evidence for the damage it inflicts on people’s health and livelihoods is concrete. We will help guide you through mould and damp claims, as well as advising you on the next steps regarding housing disrepair compensation.
Legal responsibilities of landlords
UK legislation requires landlords to keep rental properties in a condition that is safe and suitable for living. As discussed, one of the most pertinent of issues overlooked by landlords is mould in a rented property. If they fail to act after being notified, tenants may be able to make a damp claim and pursue housing disrepair compensation.
The Homes (Fitness for Human Habitation) Act 2018 is a key piece of legislation that supports this requirement and applies to both social and private landlords. This piece of legislation requires landlords to maintain their rental properties to a standard fit for human habitation throughout the tenancy, which includes ensuring that the property is free from damp and mould. Damp and mould are both explicitly categorised as hazards that would render a property unfit for human habitation. Under the Act, landlords must address mould and damp problems without delay once notified by the tenant. They must act accordingly and take the necessary steps to fix the mould in the rented property.
An additional piece of legislation is the Landlord and Tenant Act 1985 which holds a landlord responsible for maintaining the structure and exterior of the property. If these structures (such as walls and roofs) are founding to be causing damp or mould, they must resolve it. They are legally accountable to do so.
Following the tragic passing of two-year-old Awaab Ishak in 2020—caused by prolonged exposure to mould in a rented home—the UK government introduced Awaab’s Law to improve safety standards in social housing. Set to take effect in October 2025, Awaab’s Law will impose strict new rules requiring landlords to investigate and resolve serious mould and damp problems within legally defined timeframes. These deadlines will include:
- Landlords will have to investigate reported hazards, including mould in a rented property, within 14 calendar days
- They must then begin repairs within 7 calendar days if those hazards which have been reported pose a serious health and safety risk to the tenants
- Any emergency repairs will have to be completed within 24 hours of the disrepair being reported
By introducing legal deadlines, this will make landlords legally accountable to act quickly to deal with disrepair, reducing the time that tenants are exposed to harmful living conditions and thus minimising the risk of long-term health risks associated with issues such as mould in a rented property. When these fixed timeframes are in place, this will also make it easier to make a successful damp claim or secure housing disrepair compensation, as we will be able to clearly prove when a landlord has failed in their legal duties.
In addition to this, the law will redefine mould as a health hazard. Currently, landlords can avoid fixing mould issues by blaming the “lifestyle choices” of the tenants – which includes things like drying your clothes indoors. Going forward, mould will be recognised as a category 1 hazard under the Housing Health and Safety Rating System (HHSRS) and tenants will no longer have to prove that it wasn’t their fault. If mould exists in the property, the landlord will not be able to ignore it and will have to fix it by the required deadline.
How to claim for disrepair
If you’re living with mould in a rented property and your landlord is refusing to deal with the problem, it’s important that you take the right steps to ensure that the issue is resolved. This is fundamental for any damp claim you wish to make, and if you are eligible for housing disrepair compensation, it’s essential that you do these things first:
Step 1: Document the Issue
Start by collecting evidence. This is the foundation of any mould or damp claim. Please do the following:
- If you find mould in your rented property, take clear photographs of the areas of the property that have been affected. Make sure that these photos are date-stamped
- Do the same for any damage that has been caused to personal belongings
- Consider keeping a written record which includes information such as when the problems first arose, how the problem has developed (has the mould got any worse?), and any insight into how the mould is damaging your health, daily life or use of the property
- If you do experience any health issues, please seek advice from your GP. Please make a note of this and consider asking your GP for a letter – as this can serve as evidence and will help you build your case
Step 2: Notify your landlord
If you live with mould in a rented property, before you consider making a mould or damp claim, you must inform your landlord about the problems in the property that have arisen. We cannot understate how important it is to ensure that there is a physical record of any correspondence that you have, as this will serve as important pieces of evidence if we need to take legal action later. Please consider doing the following:
- Send a letter or email to them and provide details about the problem, and save any copies of this
- Clearly request that they investigate and repair the issue, as well as a reasonable deadline that you wish for this to be completed by
- If they are being difficult, it may be worth outlining your legal right to live in a safe and habitable home under the Homes (Fitness for Human Habitation) Act 2018
Step 3: Seek legal advice
If your landlord fails to act, we will consult with a solicitor that specializes in housing disrepair compensation. If it reaches this stage, this is what will happen:
- A solicitor will assess your case involving mould in a rented property and any damp claims you wish to forward
- They can then ask for a surveyor to come round to your home and investigate the disrepair
- If they believe you have a case, they can subsequently file a disrepair claim using the appropriate legal avenues (such as through a court or negotiated settlement)
- If they believe you are entitled to housing disrepair compensation, they can provide an estimation to you of what they think you could be owed
If you live with mould in a rented property or wish to make a damp claim, there is no financial risk because the solicitors we work alongside will only charge a fee if the case is successful. We will also be here to offer you our guidance and support throughout every stage we have just outlined.
Potential Compensation Amounts
If you live with mould in a rented property or wish to make a damp claim, you could have a viable case for housing disrepair compensation. The amount you can claim will depend on the seriousness of the problems. This includes the impact it has had on your health, the damage that has been inflicted onto your personal belongings, as well as any inconvenience the problem has caused to your daily life. In addition, the amount will also be determined by the duration of time that the mould in your rented property went unresolved since it was first reported. Until Awaab’s law comes into force, current legislation means landlords are expected to fix the disrepair within a “reasonable timeframe” after being alerted to the issue, which is usually 7-28 days.
In some cases, tenants have received significant sums for prolonged exposure to mould and damp, so if you live with mould in a rented property, it could be worth seeing how much you could be owed.
Disrepair Support: Your ally in Manchester
DisrepairSupport, located in Manchester, focuses on helping tenants pursue housing disrepair claims. Our experienced team is dedicated to helping you secure the compensation you deserve and ensuring your living conditions are safe and healthy.
Frequently asked questions
Q: How long do I have to make a damp claim?
A: Generally, you have six years to make a housing disrepair claim.
Q: Can I claim if I’m a private tenant?
A: Yes, both private and social housing tenants can claim for disrepair if the landlord fails to address issues like mould.
Q: What if my landlord blames me for the mould?
A: Landlords are responsible for structural issues causing mould. If the mould results from disrepair, you may still be entitled to compensation.
Don’t let mould in your rented property compromise your health and comfort. Understanding how to claim for disrepair empowers you to take action and secure housing disrepair compensation. Contact DisrepairSupport today to begin your tenant claim journey