Damp & Mould in Your Rented Property

Find out more about what to do if there are damp and Mould problems with your rental property and who is responsible for them. Our housing disrepair solicitors can help you to make a claim for damp and mould, for more information get in touch with our team today at 0161 697 5959.

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Home » Housing Disrepair Claims » Damp and Mould in Rental Property

What’s Causing the Damp and Mould?

Damp and mould problems are mainly due to excessive moisture in the property that causes property damage. This can be caused by poor ventilation and high levels of humidity in the environment.

In properties built at a time when central heating and double-glazed windows were not commonplace, there were open fireplaces. They did not need moisture barriers and damp-proof courses because the property’s natural ventilation took any residual moisture to the chimney.

Those same properties that now have the chimney blocked up, carpets laid and windows and doors replaced with UPVC and double-glazing mean that properties are now sealed and lose much of the natural ventilation, which in turn causes a buildup of excessive moisture in the air. Newer properties that are designed with such features are also designed to be sealed boxes essentially, however, they have other measures to prevent excessive moisture build-up.

Causes of Penetrating Damp

Penetrating damp is where moisture enters through the walls from the outer area. This is most commonly caused by is a defect in the structure of the property, e.g. failed to render. Coastal properties where there is a lot of salt and moisture in the atmosphere can cause penetrating damp also.

Another common cause is defective guttering. Gutters can be defective if they are cracked, leaking at a joint where two pieces of guttering meet together, or simply because they are too small to cope with the amount of water that falls off the roof.

If you have a damp problem around the soil pipe, follow it to see if that is the problem before looking for other problems.

Check our housing disrepair calculator to get an estimated idea of how much compensation you may win.

Causes of Rising Damp

Rising damp is common amongst older properties as they did not have a damp proof course, which is effectively a large rubber membrane covering the entire ground floor, which stops moisture rising up from the ground and into the property through the floor joists and walls. Modernising these old properties with double glazing and essentially sealing up the property means that any moisture that does rise up cannot escape and stays in the walls and floors, causing them to be damp.

Newer properties with a damp-proof course can still suffer from rising damp if the damp-proof membrane has failed, or if the garden level has been raised to above the damp-proof level. For example, building a patio or decking against the house higher than the damp-proof course.

Calculate the amount of compensation using a damp compensation calculator that provides you an estimated idea of how much compensation you will get in case of damp and mould problems.

Condensation

Condensation is when the moisture in the air comes into contact with cold surfaces, such as exterior walls and windows, and condenses to become water. Moisture comes from a variety of things such as bathing, showering, cooking, and drying damp clothes on radiators. It is often found on the inside of windows, in the upper corners of rooms on the walls and or, ceilings. It can also be found in the parts of the room that has limited ventilation such as where furniture is pushed against a wall.

Construction Damp

In some cases, property construction or design malfunction causes problems. For example, the property may have a basement that constantly floods after the water table rises. In this example, unless the flood damages the building structure or effects the tenant’s health, the landlord is not responsible actually for resolving the issue.

Damp Caused by Leaks

Leaking pipes and failing cast-iron waste pipes in older properties are common causes of damp issues. The smallest of leaks can cause significant damage to the property. Left unattended, a persistent water leak will seep into other areas of the property.

Leaks in the bathroom often cause damp in adjacent rooms or rooms below. Poor tile grouting may cause water to seep through and cause a damp patch on the other side of the wall. Failed sealant around baths, showers and basins causes the same problem. Water may leak onto floor joists and damage those over time.

Leaking gutters and downpipes are a big source of damp. A small crack in a gutter can cause significant damage to the property. They can cause winter ingress as the exterior wall remains constantly wet and absorb the water, or water can find a way into the roof space and seep through the ceilings.

A damaged roof tile or defective lead flashing can allow water to enter the roof space.
Defective windows, doors, skylights and Dorma style windows can also let water in.
A persistent leak can lead to dry rot, which can be serious if not treated in good time.

Damp Caused by Inadequate Heating

A poor heating system can lead to damp problems. Insufficient heating in the property allows moisture to build up inside. It should be noted that some people try to save money by not switching on their heating as often but unfortunately, that can lead to damp problems, so it is a false economy. If it is determined that the lack of heating is the only cause of damp and mould then your landlord won’t be responsible for this.

Damp in New Build Properties

All materials used in the construction of the property such as cement, mortar, plaster and grout needs water needs to be mixed with water. A new build property will therefore take a while to dry out so it is important to keep an eye out for potential damp issues.
In the first 12 months or so when the house is drying out it needs to be well-ventilated and heated adequately.

How to Claim Compensation for Penetrating Damp And Mould?

Here at the Tenant Housing Disrepair, we have a lot of experience dealing with many compensation claims like damp and mould compensation or more. Our friendly, Housing disrepair team have heard many different contenders in many different positions, and we work hard to ensure that we answer all questions faster and professionally.

So you will always know where you stand. When you call us and talk to us about your situation, we will take some details to determine if your claim can make your compensation. If there may be a settlement due to your case, we can offer you a solicitor to help you more. All of the solicitors work on a no-win no-fee basis. Use damp compensation calculator to calculate the compensation amount.

If you’re not know how to claim or you’re not sure whether you have a right to claim and want to know more about tenants’ rights to damp and mould compensation, do get in touch. We’ll answer any questions you have and don’t charge you for advice. We have no obligations to use our services; we want you to know your options.

Could You Claim Compensation for Damp and Mould?

Yes, you could claim compensation from your landlord if your landlord neglects to do his duty and violates by failing to fix the damp and mould problems. The typical damp and mould compensation is between 25% and 50 % of the rental of the property. If your landlord is taking responsibility for fixing the problem of damp and mould but needs help managing to do so.

In this case, you may have reported this issue to your landlord and waited for the appropriate repair time. If he still needs to do it after three months, contact our solicitors team to claim compensation. Whether you are in a council or privately rented property, damp and mould caused health problems or financial matters, you could able to claim compensation.

Reporting the Problem to Your Landlord?

Report to your landlord about the damp problem and any housing disrepairs that affect your health and damage to furniture and belongings.

If you have reported to your landlord about the damp problems and they have done nothing about it, you can take action.

Sometimes, a private landlord may decide to expel the tenant instead of repairing it. Make sure you know whether you are in danger of being expelled before taking action.

Contacting the Local Authority

Private rentals and tenants of the Housing Association can contact the Local Authority’s Environmental Department.

If the damp in your home is harmful or dangerous for your health, it can be a legal problem. Where there is a legal problem, the local authority can force your landlord to deal with the issue.

The damp can threaten your health or safety and, therefore, a threat under the Housing Health and Safety Rating System (HHSRS).

Taking Court Action

If your landlord is responsible for dealing with the moist and they do not do so in 3 months, it is possible to take them to court. Taking judicial action can be expensive and timely, and you should take it only as a last resort. But our solicitors can help you in this case with a no-win no, fee policy.

How to document damp?

You should document any signs of damp by keeping a record of:

Where any damp and mould is located
Is it affected by different weather conditions? Does it get worse in rain, cold weather, hot days?
Does it get worse when you take a bath or shower? Use a washing machine etc?
In the cases of condensation, when is it at its worst?
The temperature of your home
Take photos

What Should Your Landlord Do in a Disrepair Claim?

Your landlord must organize a survey and carry out repairs within a time.

Repairs

The common issue of damp and mould your landlord must fix include:

Internal pipes leakage
poor heating systems
missing roof tiles or leaky guttering
cracked walls or rusted window frames

Your landlord should also be responsible for repairing any damaged plaster, skirting boards, or flooring if needed. You need not compromise on alternative accommodation during repairs. If the repair is incomplete, you can sometimes claim compensation from a court.

Improvements

If your repair does not fix any basic problems, your landlord may have to improve. For example, if damp is an ongoing problem that needs to be repaired repeatedly, they may have to install a damp-proof course.

If a repair does not fix the damp, your landlord should consider improving the heating, insulation, or ventilation. Some landlords fix this problem by using dehumidifiers rather than making expensive improvements.

Make Sure Your Home is Fit to Live in

Your house must be fit from the beginning of your tenure until you go. You do not need to compromise on health and damage caused by damp. You have a right to live in an appropriate place.
If it exceeds the limit and seriously affects your health, the home could be inappropriate because you cannot use some rooms. Your landlord must make improvements and repairs to make it fit.
You can complain council until they make sure your home is fit to live in. The council could order your landlord to fix the mould as a health hazard. If the council gives them notice of improvement, your landlord must improve because your health is in danger, and they will have to compensate for it.

Compensation

A tenant can claim compensation for any housing disrepair. Depending on the severity of the problem, you can be compensated. Housing disrepair problems are different for every tenant, depending on the result of an injury caused.

If your landlord has failed to repair the Damps, so there are several ways to claim compensation in such cases;

– Discomfort

You could claim compensation for housing disrepair if the problem of damp and mould caused discomfort for you and your family members. Your landlord will be responsible for every suffering caused by his negligence. The quality of the standard residence should not cause any discomfort to the inhabitants.

– Damage to Personal Property.

If it damages your personal belongings in the apartment, like furniture, you can take compensation for your damage. If the landlord is familiar with mould or damp but is reluctant to behave as an emergency, you can seek advice from an expert solicitor here.

– Personal Health Risk

If it affects your physical and causes sickness, then you can claim compensation. With a written report by the Health Practitioner, the tenant can claim against the landlord.

How Do I Get Rid of Penetrating Damp?

There is a need to identify the main cause of damp and mould to get rid of penetrating damp. For example, if you have a damp, moist brick wall, you may need a builder to solve the brickwork, while if it is due to guttering or broken roof tiles, other commercial individuals may need to fix the external problem.

After it is completed, the moisture will need to dry inside the property. Then further repair, if needed, can start depending on how serious the penetrating damp is; many different tasks that need to be done. The rooms may need to be re-plastic, the woodwork may need to be changed, and more. In some cases, it needs to use damp proof inside the property.

Preventing Penetrating Damp and Mould

Here are some actions to prevent damp and mould in housing;

Opening bedroom windows and doors regularly 10-15 mins.
Dry your clothes outside in day time.
Leaving gaps between external walls and furniture for ventilation
Close the doors of the house during showering or cooking
Use of exhaust fans in bathrooms and kitchen
Cover the pans with a lid during cooking
Check the pipes and gutters weekly
Switch on the heating system when you feel moist

Maintain temperature 18 °C in bedrooms and 21°C in living rooms during -1 outside

What Are Tenants’ Rights For Damp And Mould In The UK?

The council may demand that your landlord tackle the damp and mould issue as a health hazard even if your tenancy’s not subject to the rules for homes that aren’t fit. The landlord is required to carry out and pay for repairs if the council issues an order to improve the condition of the property because it poses an encroachment on your health.

If you have a rental property, it is the legal responsibility of your landlord to improve this issue. Suppose they do not pay attention to the situation within a reasonable time after reporting them. In that case, you may be injured or sick, and you can claim against them for the landlord’s negligence.

The same case if there is damp in a rental property. The landlord has the same legal responsibility to resolve this issue. You have a right to report the landlord for the fixation of damp.

If your landlord’s negligence affects your health, you can claim the illness or injury. It is part of your tenants’ rights about damps in UK rental residences.

If you have any questions about this topic, our advisers are always available to help you. Contact us today, and we can answer your questions about your rights and generally claiming.

Is Dampa Landlord's Responsibility?

UK’s main laws protect tenants and landlords; The Landlord and Tenant Act of 1985 and The Housing Act of 2004.

UK laws state that the landlord’s responsibility is maintenance and repair of structural and external damage. It means that your landlord is responsible for repair when structural defects cause the damp and mould.

Thanks to our years of experience handling the disrepair claims of damps and mould housing, we know that the mistake is often not with the tenant but the council or social housing landlord.

An inspection may be required if there is any doubt regarding who is at fault. If you suspect whose responsibility is damp, or if you want to make an inadequate claim to housing due to the presence of a DAMP, our residential houses’ solicitors’ panel can help.

We work with a panel of experienced solicitors who have handled various inadequate claims through tenants and will tell you if your landlord may be responsible for damp in your home.

Could I Withhold Rent from My Landlord?

You may be wondering how the tenant has the rights of damps and mould compensation, and you may be surprised that if a property is inactive, you can stop some of your rent.

While in many cases,

tenants have a responsibility to stick to the tenancy contract; some exceptions may mean you could withhold rent in some situations under the rule of ‘set off.

This rule means that if a tenant reports the property as structurally defective and the landlord does not arrange for repair by delay or refusal, the tenant can fix this repair on a special procedure and deducts the total amount of this expense from his rent.

Only repair expenses that can be under this set-off principle are registered under Section 11 in the Landlord and Tenant Act 1985.

What Illnesses and Complications Could Be Caused by Penetrating Damp and Mould?

Damp and mould can affect everyone who is living with it. Still, in most cases, it causes serious health complications to babies, children, the elderly, and people with weak immune systems, asthma, and some allergic issues. It can also cause an unpleasant living environment.

Mould can irritate and produce allergens, causing skin conditions such as eczema and allergy. They can also cause respiratory diseases such as asthma, pneumonia, and lung cancer. In the UK, the rights of tenants related to mould mean that you should be able to be free from potential health risks in your rental property.

No Win No Fee Damp and Mould Compensation Claims

To claim in a court claim is expensive and confusing, but to help you through it, we offer you a no-win no, fee agreement, also known as a conditional fee agreement, or CFA. It means that if your claim is not successful, you do not need to pay legal costs. If you win your claim, most of your expenses will be paid by your landlord.

If your claim is exceeded at the end of the rent, the deposit should be placed in a specific scheme to resolve its dispute. If it is not working, you will still have the opportunity to use a no-win no, fee agreement to sue your landlord for damp in the UK courts.

How Can Our Solicitors Help You?

Firstly, you need to know about your legal rights. With our help, you can get the necessary repair work on your rented property. We want to help you get the compensation you deserve so you can live comfortably in your social housing property.

If your landlord still needs to resolve your house’s mould and damp problems, you want to take advice from our expert panel of solicitors. Our housing disrepair services are provided on a no-win, no-fee basis. It means you can claim without worrying that you’re taking a financial risk.

Our expert solicitors have a wealth of experience with these types of cases. They can help you to identify your situation and ensure that any damp and mould problems in your rented home are properly resolved.

They will also help you to claim compensation if damps and mould cause damage to your health and wealth. For example, if you’ve severe asthma or mould, such as black mould, has ruined your furniture.

You have a right to live in a safe home, so if you’re being denied that right we want to help you claim against your landlord to ensure all disrepair. We want to help you live comfortably in your home without worrying about damp and mould matters, which have reduced your health.

If your rented council home or housing association property has issues that have not been repaired find out if you are eligible to make a housing disrepair claim for property repair and compensation.

Damp problems
Mould issues
Pest infestations
Damaged Windows & Doors
Leaks and Water Damage
Pest infestations, Mice, Rats & Insects
Broken heating systems
Problems with gas pipes or electrical wiring
Internal deterioration such as damage to carpet, walls etc.
Structural problems, including damaged gutters, drains & pipes
Environmental health issues, bathroom, sanitary & sewage

Frequently Asked Questions

Is Damp and Mould the Same Thing?

No, damp and mould are not the same thing. Damp refers to excess moisture in the air or on surfaces, while mould refers to the growth of fungi (microscopic organisms) on those surfaces. mould can grow as a result of damp conditions, but dampness itself does not necessarily mean there is mould present.

How Much Compensation for Damp and Mould Uk

The amount of compensation for damp and mould in the UK varies and depends on a number of factors, including the severity of the issue, the impact it has had on the affected property, and any associated expenses (such as the cost of repairs or temporary accommodation).

In some cases, the affected party may be able to claim compensation from the responsible party (such as a landlord or housing association) through the courts. However, the amount of compensation that can be awarded will depend on the specific circumstances of the case and can only be determined by a judge or court.

It is advisable to consult with our Disrepair solicitors who specializes in housing disputes to understand your rights and the potential compensation you may be able to claim.

What Causes Damp and Mould

Dampness and mould growth can be caused by a variety of factors, including:

Poor ventilation: Insufficient air flow can lead to moisture buildup on walls, windows and other surfaces.
Leaks: Leaks from pipes, roofs, or walls can cause moisture to accumulate, leading to mould growth.
Condensation: High levels of humidity can cause condensation to form on surfaces, which can lead to mould growth if not addressed.
Flooding: Flooding can lead to significant amounts of moisture in a building, which can cause mould growth if not properly addressed.
Poor building maintenance: Neglecting to address damp or mould problems can allow them to persist and spread.
Inadequate heating: Inadequate heating can cause condensation and moisture buildup, leading to mould growth.
High humidity levels: High humidity levels can cause moisture to condense on surfaces, leading to mould growth if not addressed.

Can I Claim Compensation for Damp and Mould?

In some cases, you may be able to claim compensation for damp and mould if it is caused by the negligence of another party, such as a landlord, housing association, or building contractor.

To claim compensation, you must be able to prove that the responsible party failed to address the problem in a timely and appropriate manner, and that this failure led to the growth of damp and mould.

It is advisable to seek the advice of a solicitor who specializes in housing disputes to understand your rights and the potential compensation you may be able to claim. In some cases, you may be able to negotiate a settlement with the responsible party, while in other cases, you may need to take legal action.

The amount of compensation that can be awarded will depend on the specific circumstances of your case, including the extent of the damp and mould problem, the impact it has had on your health and the value of your property, and any associated expenses (such as the cost of repairs or temporary accommodation).

Are Damp and Mould a Landlord's Responsibility?

In the UK, a landlord has a responsibility to ensure that the property they rent out is fit for habitation and free from serious damp and mould problems. This means that landlords must take steps to address damp and mould issues that arise, and ensure that the property is kept in a good state of repair.

If the damp and mould issue is caused by a problem that is the landlord’s responsibility to fix (such as a leaky roof or broken window), the landlord must take prompt action to rectify the problem and prevent further mould growth.

If the tenant is responsible for causing the damp and mould (for example, by failing to ventilate the property properly), the landlord may not be responsible for fixing the problem. However, the tenant may still be responsible for the cost of repairing any damage caused by the mould.

If the landlord fails to address a damp and mould issue, the tenant may be able to take legal action to claim compensation or force the landlord to make the necessary repairs. It is advisable to seek the advice of a solicitor who specializes in housing disputes for more information.

Can a Tenant Be Blamed for Mould?

Yes, a tenant can be blamed for mold growth in certain circumstances. If a tenant’s actions or inactions have contributed to the growth of mold (such as failing to ventilate the property properly or causing a leak), the tenant may be held responsible for the problem.

For example, if a tenant does not properly maintain the property (such as by failing to keep windows open or not using extractor fans), this can cause moisture to build up, leading to mold growth. In such cases, the tenant may be responsible for the cost of repairing any damage caused by the mould.

It is important to note that while a tenant may be responsible for mold growth in some cases, the landlord still has a responsibility to ensure that the property is fit for habitation and free from serious damp and mold problems. If the landlord fails to address a damp and mold issue, the tenant may be able to take legal action to claim compensation or force the landlord to make the necessary repairs.

It is advisable to seek the advice of a solicitor who specializes in housing disputes for more information.

Compensation for leaks from your heating system

As a tenant, you have the right to expect that your landlord will keep the heating and hot water system in good condition. This includes ensuring that the boiler is checked regularly and a gas safety certificate is produced at least once a year. If you report a fault with the heating or hot water and you are left without either, your landlord is expected to rectify the problem within a reasonable timeframe, typically within a few days. Failure to do so could result in you being entitled to compensation for any inconvenience caused by your landlord's failure to comply with their legal obligations. In addition to claiming compensation for any inconvenience, you may also be able to claim for any additional costs incurred as a result of the disrepair. For example, if you have to spend extra money on heating due to the faulty system, you may be able to claim this back from your landlord. It is important to remember that as a tenant, you have certain rights and responsibilities, and your landlord has a legal obligation to ensure that the property is kept in a safe and habitable condition. If you have any concerns about the condition of your heating or hot water system, you should contact your landlord immediately.

Compensation for rats, vermin & cockroaches

Under the law, your landlord is responsible for ensuring that your rental property is properly maintained. This includes addressing any pest or vermin infestations that may arise, as these can pose serious health and safety risks. In some cases, the landlord may be held liable for the infestation if it was caused by a pre-existing disrepair issue, such as a hole in the building that the landlord failed to repair. However, if the vermin were present when you moved into the property, the responsibility may fall on you as the tenant. It's crucial to report any pest or vermin issues to your landlord as soon as possible and to keep detailed records of all communication regarding the matter. This includes any letters, texts, or emails exchanged between you and your landlord, as well as notes from any phone or in-person conversations. Gathering photographic evidence of the infestation can also strengthen your case. Remember that as a tenant, you have the right to a safe and habitable living space, and your landlord is obligated to take action to address any issues that may arise.

Compensation for loose or rotten windows & doors

Living in a property with structural defects can be a serious safety risk. If you are a tenant in social housing and your landlord has neglected to repair such defects, resulting in an unsafe or unhealthy living environment, we are here to assist you. Our team of housing disrepair specialists can help you claim for the necessary repairs and compensation if your landlord has failed to address the structural defects even after being notified of the issue. We operate on a no win, no fee basis for all social housing disrepair claims, ensuring that you have access to legal assistance without incurring any upfront costs. If you are experiencing disrepair issues in your home, don't hesitate to reach out to us to see if we can help.