Living in a house or a flat with damp and mould can be extremely concerning for your health; long-term exposure can often lead to respiratory problems such as asthma, bronchitis and allergic reactions. This exposure can often be caused by a landlord’s inability to address an ongoing damp and mould problem, resulting in harm to their tenants. If you’ve experienced this kind of harm, you may be wondering ‘how much compensation for damp and mould could I receive?’ Fortunately, our friendly advisors are here to help you navigate the claims process.
Key Takeaways
- According to Gov.UK, around 4% of households in England had damp in at least one room between the years 2021 and 2023.
- Exposure to damp and mould could cause health issues such as asthma, skin conditions, allergic reactions and eye irritation.
- Helpful evidence to support a housing disrepair claim could include letters or emails addressed to your landlord, asking for the mould and damp to be dealt with.
- There are 2 different mould and damp claims that could be made. To illustrate, you could claim for housing disrepair and property damage, or for personal injury caused by the housing disrepair.
At How Much Compensation, our helpful advisors work around the clock to answer questions for people just like you. As part of the free services that we offer, you could enjoy a case check to find out your eligibility to claim. If your case is strong, you could be connected with one the expert No Win No Fee solicitors from our panel to start your damp and mould claim. To start your claim today, please feel free to contact us:
- Call us on 0800 408 7826
- Contact us by filling out our online form
- Use our free live chat feature
Frequently Asked Questions
- How Much Compensation For Damp And Mould?
- How Much Personal Injury Compensation For Damp And Mould Could I Receive?
- What Damp And Mould Compensation Could I Get For Material Loss?
- Can I Claim Compensation For Damp And Mould
- What Injuries Could Be Caused By Mould And Damp?
- How Can I Prove Damp And Mould Is Someone Else’s Fault?
- How Long Will I Have To Claim Mould And Damp Compensation?
- No Win No Fee Compensation For Damp And Mould
- Learn More
How Much Compensation For Damp And Mould?
Compensation for damp and mould in rented housing is typically assessed as a percentage of your rent, depending on the severity of the issue and how long it has been unresolved. The more serious the damp and mould, and the greater the impact on your ability to use your home comfortably, the higher the percentage that may be awarded.
For example, if your rent is £800 per month and you have reported severe damp and mould in several rooms for 12 months, you might be awarded around 30% of your rent for that period. This would amount to £2,880 in compensation, plus any additional payment for property damage (such as ruined furniture, clothing, or electrical items) provided you can supply proof of purchase or repair costs.
How Much Personal Injury Compensation For Damp And Mould Could I Receive?
The amount of compensation for damp and mould in the UK is calculated on a case-by-case basis; the severity of your illness and your recovery period are often taken into account.
In successful damp and mould personal injury claims, you will be awarded with general damages as part of your settlement. In all, this award will compensate you for any physical and mental pain and suffering you experienced due to your illness or injury.
When calculating your general damages, your medical report and the Judicial College Guidelines (JCG) will be referred to. Commonly, the JCG publication is used by solicitors and legal professionals as it contains compensation guidelines for many different injuries.
You may still be wondering how much compensation for damp and mould you could receive. As such, the table below has been designed to provide you with an idea of common compensation guidelines. All figures have been taken from the JCG apart from the first figure; please also note that they are merely guidelines.
Injury | Notes | Estimated Compensation Pay-out |
---|---|---|
Multiple severe injuries with financial losses | More than one form of serious injury with special damages such as medical expenses, loss of earnings and travel costs from commuting to and from appointments. | Up to £500,000+ |
Severe and Permanent Disabling Asthma | Severe asthma causing regular coughing and a restriction in employment prospects | £52,550 to £80,240 |
Chronic Asthma | Chronic asthma leading to breathing difficulties and the requirement of an inhaler | £32,090 to £52,490 |
Bronchitis and Wheezing | Bronchitis which affects working life with the chance of recovery within a few years of the exposure | £23,430 to £32,090 |
Relatively Mild Asthma | Mild asthma symptoms resulting from exposure to harmful toxins | £12,990 to £23,430 |
Mild Asthma | Chest problems that can be treated by a healthcare professional with symptoms typically resolving within a few months. | Up to £6,280 |
Lung Disease (d) | Breathing difficulties requiring an inhaler and a significant effect on working life. | £38,210 to £66,920 |
Lung Disease (e) | Bronchitis causing non-serious symptoms with little effects on employment | £25,380 to £38,210 |
To receive an in-depth compensation evaluation from one of our advisors, please contact our team today.
What Damp And Mould Compensation Could I Get For Material Loss?
You could receive damp and mould compensation for material loss through the award of special damages. This award ultimately relates to any costs or financial losses you may have experienced due to your illness or injuries. For example, special damages could include:
- Loss of earnings, such as a loss in current or future income, loss of a bonus or loss of overtime pay.
- Care costs, such as the cost of paid at-home care if your illness left you unable to look after yourself.
- Medical expenses, such as private medical appointments and prescription costs.
- Travel expenses, such as public transport or fuel costs from travelling to and from medical appointments.
You must also support special damages with evidence such as receipts, invoices and payslips. To learn more, please contact our team today.
Can I Claim Compensation For Damp And Mould?
Yes, you could claim compensation for damp and mould against your landlord through one of the two avenues:
- For the housing disrepair itself, and any property damage due to the disrepair.
- For personal injuries caused by the housing disrepair.
Firstly, if you’ve suffered housing disrepair and damaged property as a result of damp and mould, you could make a housing disrepair claim against your landlord. Rental properties should be kept safe and be free of any hazards as per the Landlord and Tenant Act 1985. Under this Act, landlords should repair leaks, fix inadequate ventilation and repair structural issues. A failure to do this may result in mould and damp, making a landlord liable.
Furthermore, Section 11 of the Landlord and Tenant Act 1985 states that landlords must maintain rental properties and rectify any disrepair. If this issue is not fixed by your landlord, you could therefore seek compensation for having experienced housing disrepair, such as for inconvenience and a loss of enjoyment of the home. In addition to this, you could claim for any personal property that may have been damaged by the damp and mould.
Alternatively, you could make a personal injury claim against your landlord for illness or injuries suffered due to the damp and mould. Under Section 4 of the Defective Premises Act 1972, tenants looking to claim for personal injuries must fulfil the following requirements:
- The landlord was informed of the defect
- The defect was not repaired in a reasonable time frame
- The failure to repair resulted in your illness or injuries
To discuss your eligibility to claim for damp and mould, please contact one of our helpful advisors today.
What Injuries Could Be Caused By Mould And Damp?
There are many different types of injuries and illnesses that could be caused by mould and damp. Often affecting babies, the elderly and vulnerable people the most, the presence of damp and mould can have long-lasting negative affects on your health. For instance, you could experience the following after mould and damp exposure:
- Skin conditions such as eczema and rashes
- Asthma
- The exacerbation of any pre-existing respiratory conditions, such as bronchitis and COPD
- Allergic reactions
- Eye irritation, such as redness, itching, watery eyes and vision problems
- Headaches due to toxins in the air
If you’ve experienced any of the above injuries, you may still be wondering ‘how much compensation for damp and mould will I receive?’ Our friendly advisors are here to help answer these questions; please contact us today.
How Can I Prove Damp And Mould Is Someone Else’s Fault?
You could prove damp and mould is someone else’s fault by supplying evidence to support your version of events. Evidence could therefore include:
- A copy of your medical records which details the injuries or illness you suffered
- Photographs of any visual evidence of the mould and damp
- Proof of the requests you had made to your landlord to repair the property and fix the damp and mould.
At How Much Compensation, one of the expert solicitors from our panel could help to gather evidence on your behalf. Moreover, they could also help you to figure out how much compensation for damp and mould you could receive by arranging a medical assessment.
To learn more about the evidence you could provide, please get in touch today.
How Long Will I Have To Claim Mould And Damp Compensation?
You will typically have 6 years to claim mould and damp compensation for housing disrepair claims against your landlord.
If you’re alternatively making a personal injury claim against your landlord, you will have a 3 year limitation period to claim. This must be from the date you suffered an illness or injury due to the damp and mould as per the Limitation Act 1980.
However, there are two exceptions to the 1980 Act for minors and those lacking mental capacity. To learn more about this, please contact our team today.
No Win No Fee Compensation For Damp And Mould
Our team of advisors are here to help you with questions such as, ‘how much compensation for damp and mould could I receive?’ In doing this, you could receive a personalised compensation valuation for the harm you experienced. Moreover, you could also be connected with one of the experienced solicitors from our panel who operate on a No Win No Fee basis. Under a Conditional Fee Agreement (CFA), you could enjoy:
- No solicitor service fees at the beginning of your claim or as it progresses
- No solicitor fees if your claim is not a success
- If your claim is a success, you’ll be required to pay a success fee to your solicitor. The fee percentage is capped by law, and will be taken from your compensation. Therefore, you’ll always receive the majority of your settlement.
To learn more about the benefits of CFAs, please get in touch today.
Contact Our Advisors
To start your damp and mould compensation claim today, please contact our team:
- Call us on 0800 408 7826
- Contact us by filling out our online form
- Use our free live chat feature
Learn More
To learn more about the different types of claims we pursue, please see some of our other guides:
- Get help with claiming compensation for a concussion
- Learn about claiming after a factory accident
- See the following advice on food poisoning claims
Additional external resources:
- Learn about the health risks of damp and mould from the Gov.UK
- See the following advice on damp and mould indoors from NHS Inform
- Get help with managing sick leave and return to work from HSE
Thank you for reading our useful guide about how much compensation for damp and mould you could receive.