Everything You Need To Know About Damp And Mould Compensation Claims
Read our guide to learn how to make damp and mould compensation claims with a No Win No Fee solicitor.
£85 million in compensation
Everything You Need To Know About Damp And Mould Compensation Claims
Read our guide on making damp and mould compensation claims with a No Win No Fee solicitor.
A Guide To Damp And Mould Compensation Claims
The lack of suitable living conditions can have a negative impact on your physical and mental well-being. If there is any mould or damp present in the home, it could be indicative of structural issues and lead to severe health problems. Therefore, as a tenant, it is important to learn about damp and mould compensation claims, which are a kind of housing disrepair claim.
Important Points
- In order to make damp and mould compensation claims, it is necessary to demonstrate the landlord’s lack of timely action despite being aware of the issue.
- You may be able to claim for a personal injury if you suffer from any illness due to damp and mould.
- Mould and damp can lead to several health issues and a weakened immune system if not treated in time.
- Collecting evidence and being aware of the time limit are important steps for your mould claim.
- If you have an eligible mould compensation claim, our advisors will connect you with our No Win No Fee solicitors.
Call our advisors now for more information on housing disrepair claims:
- Call at 0151 375 9916.
- Contact us online.
Can I Make A Claim For Damp And Mould Compensation?
Yes, but you need to satisfy the eligiblity requirements. In order to have an eligible claim, you need to prove that your landlord failed to handle the mould or damp on a timely basis.
Section 4 of the Defective Premises Act 1972 states that:
- The landlord has a duty of care to ensure the safety of tenants from relevant defects by taking reasonable steps.
- This duty of care commences from the moment the defect is brought to the landlord’s notice.
In addition to a housing disrepair claim, you may be able to claim for a personal injury due to damp and mould if:
- The landlord had a duty of care.
- This duty has been breached.
- Due to the damp and mould, you’ve suffered an illness.
Call us now to book a complimentary consultation on damp and mould compensation claims.
What Are Landlords' Responsibilities For Damp And Mould?
Section 11 of the Landlord and Tenant Act 1985 states that a landlord must:
- Carry out repairs to the structure and exterior of the property.
- Ensure the working of essential installations like sinks, basins and baths.
- Maintain the supply of hot water and space heating.
Therefore, a landlord has to take action on damp and mould if it is due to a structural defect.
Contact us now for more information on when you can make damp and mould compensation claims.
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What Health Issues Can Be Caused By Damp Or Mould?
Living with damp can be very dangerous and leads to health risks like:
- Coughing, wheezing and shortness of breath.
- Respiratory problems like bronchitis, asthma or nasal congestion.
- Allergic reactions.
- Irritation in the eyes.
- Skin rashes, eczema or patches of itchy skin.
- Disturbed sleep
- Social isolation leading to depression or PTSD.
- Anxiety over living conditions or damage to property.
Contact us now for more information on psychological injury or mental trauma when making damp and mould compensation claims.
The Average Damp And Mould Compensation Claims Payout
The average compensation payout for damp and mould claims can be worked out if you know the number of claimants for a particular area in a given timespan and how much compensation they were collectively awarded. From here, you would divide this figure by the number of claimants. However, as each claim is valued based on its own unique facts, you might find it more helpful to learn how compensation is calculated.
In successful damp and mould compensation claims, your payout may include the following heads:
- General Damages: This head is related to compensation for your illnesses.
- Special Damages: This head is related to the financial losses resulting directly from your illness.
Your housing disrepair solicitor may refer to the Judicial College guidelines (JCG) to calculate your general damages. These guidelines provide compensation brackets for different kinds of injuries.
The table below summarises the compensation brackets related to mould and damp. However, it is to be used only for guidance, and the top row figures aren’t from the JCG.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | There may be more than one illness or condition along with a loss of income. | Up to £100,000+ |
| Asthma- Severe and Permanent Disablement | Sleep is disturbed along with continuous coughing and enjoyment of life. | £52,550 to £80,240 |
| Asthma- Chronic | There are breathing difficulties and a constant use of inhaler, restricting employment opportunities. | £32,090 to £52,490 |
| Asthma-Wheezing and Bronchitis | There is an impact on social or professional life although there is a strong chance of recovery within a few years of exposure to the mould. | £23,430 to £32,090 |
| Asthma- Relatively Mild | There are relatively mild symptoms. | £12,990 to £23,430 |
| Asthma- Mild | There are chest problems and bronchitis along with cough, especially in young children, usually treated by a GP and resolved in a few months. | Up to £6,280 |
| Lung Disease- (e) | There is wheezing and bronchitis without serious symptoms. | £25,380 to £38,210 |
| Dermatitis and Other Skin Conditions-(a) | There is soreness and cracking in both the hands along with some psychological impact. | £16,770 to £23,430 |
| Dermatitis and Other Skin Conditions- (b) | There is dermatitis in at least one hand but it settles either after using gloves for certain tasks or treatment. | £10,550 to £13,930 |
| Dermatitis and Other Skin Conditions- (c) | There are rashes along with skin irritation on at least one hand, resolving with treatment in a few months. | £2,080 to £4,820 |
Contact our advisors now for more guidance on calculating compensation.
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How Could Claiming For Damp And Mould Help Me?
Apart from general damages, you may be able to include special damages or financial losses in damp and mould compensation claims.
For special damages, you may be able to claim the following expenses:
- Medical costs, such as X-rays, prescriptions and travelling for appointments.
- Loss of earnings, due to demotion, leave or termination of employment.
- Physical aids, such as inhalers or nebulisers.
- Financial expenditure for any repairs within the home.
- The cost of products used to treat damp and mould.
- Electricity costs due to the use of a dehumidifier.
Call our advisors now for more information on special damages.
How Can I Make A Compensation Claim For Mould And Damp?
Collecting evidence and determining the time limit are essential steps in damp and mould compensation claims.
Here are some examples of the proof that you could use:
- Medical records, such as psychiatric evaluations, diagnostic tests, prescriptions and correspondence with the doctors.
- Copies of communication with the landlord, housing association or the council.
- Pictures of the areas where the damp is visible and of irritation on the skin, if applicable.
- Contact details of the cohabitants of the property for witness statements.
- Copies of the tenancy agreement to highlight the responsibilities of the landlord.
The Limitation Act 1980 lays down the following time limits:
- Housing disrepair claims against the landlord or council need to be started within 6 years of the cause of the damp.
- Any claims for personal injuries due to the damp must begin within 3 years of the date the mould was discovered.
There may be certain exemptions to the time limits. Call our advisors now to find out the limitation period applicable to your claim.
Can I Claim With A No Win No Fee Solicitor?
While you are free to proceed without a solicitor in damp and mould compensation claims, having an expert by your side will always be beneficial. Our solicitors at JF Law provide their services on a No Win No Fee basis.
Generally, these No Win No Fee services will be through a Conditional Fee Agreement (CFA), meaning that your solicitor won’t charge for their services:
- Upfront
- During the claims process
- If your claim is unsuccessful.
Your housing disrepair solicitor will charge only a percentage of your mould compensation if your claim is successful. This is the success fee, which has a legal cap to ensure that you can retain the maximum amount.
Our advisors can discuss No Win No Fee agreements with you in more detail.
Why Choose JF Law To Help Your Damp And Mould Claim
Our housing disrepair solicitors have been working on damp and mould compensation claims for many years. They will utilise their experience and knowledge to ensure the best possible outcome for you. If you work with one of our solicitors, they can help you in the following ways:
- Compiling evidence for your claim.
- Valuing and negotiating your compensation payout.
- Ensuring that the time limit is followed.
- Communicating with the landlord.
- Arranging a medical examination to create a record of your illnesses.
- Filing a complaint with the local council, if relevant.
Get In Touch With Our Advisors
For more information on No Win No Fee claims, reach us now:
- Call at 0151 375 9916.
- Contact us online.
Learn More
Here are some other guides from our site:
- Details on dog bite compensation claims.
- Use our anxiety compensation calculator.
- Information on electric shock injury claims.
You can also go through these external links:
- NHS resource on aspergillosis.
- Details from the government on housing association homes.
- Government guidance about council housing.
If you have any further questions about damp and mould compensation claims and housing disrepair cases, please get in touch with our team now.
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