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By SheldonDavidsonSolicitors
Living with persistent damp, mould, broken heating or no hot water can affect far more than the condition of a rented property. Rooms can become difficult to use, clothes and furniture may be damaged, and everyday tasks such as washing, sleeping comfortably or keeping the home warm can become increasingly difficult.
For tenants who have reported these problems but have not received a lasting repair, two questions often arise: can the landlord be made to put the problem right, and can compensation be claimed for what has already happened?
There is no fixed amount of compensation for damp, mould, heating or hot water problems. What a tenant may be entitled to depends on the circumstances, including how serious the problem became, how long it continued, which parts of the home were affected, any financial losses and whether the conditions affected health or day-to-day life.
The landlord’s response is also important. Housing Disrepair Claims will usually require evidence not only of the problem itself, but also that the landlord knew about it and failed to deal with it appropriately.
There is no standard payment awarded simply because damp or mould is present in a rented home.
Two properties with visible mould can result in very different claims. A small area that is investigated and repaired quickly is very different from widespread mould affecting bedrooms and living areas for months despite repeated reports.
When compensation is assessed, relevant factors can include:
This is why online assertions that damp and mould claims will always equal a particular percentage of rent should be approached carefully. There is no universal calculation that applies to every tenant.
Compensation may potentially reflect the loss of normal enjoyment of the property as well as direct financial losses.
For example, a tenant may have had to replace mould-damaged belongings or incurred other reasonable expenses because the disrepair was not addressed. Where a tenant alleges that damp or mould caused or worsened a health condition, medical evidence may also be needed.
The question is therefore not simply “How much is mould worth?” It is how significantly the unresolved condition affected the tenant’s use of their home and what losses resulted from it.
Evidence is an important part of any housing disrepair claim. Tenants who are currently dealing with damp or mould can take several practical steps to create a clear record of the problem.
The first is to report the issue to the landlord and retain evidence of those reports.
Emails, text messages, online repair submissions, complaint correspondence and repair reference numbers can help establish when the landlord became aware of the problem. If the issue has mainly been reported by telephone, sending a follow-up email summarising the conversation can help create a written record.
Photographs and videos are also useful. Rather than only taking a single close-up photograph, it can help to show where the mould is located, how much of the room is affected and whether the condition worsens or returns over time.
If furniture, clothes, mattresses, bedding or other possessions have been damaged, keep photographs of those items. Receipts, bank statements or evidence of replacement costs may also be relevant where available.
Where health has been affected, tenants should seek appropriate medical advice. Medical records may become relevant if a health condition forms part of the claim.
In some cases, expert evidence may also be required to identify the underlying cause of the damp or mould. This can become particularly important where there is disagreement between the landlord and tenant about whether the problem is caused by the building, heating, ventilation or another factor.
A useful way to think about a potential claim is to ask four questions:
No. The presence of condensation or mould does not automatically mean that the tenant is responsible.
Tenants are sometimes told that they need to open windows more often, stop drying clothes indoors or use the heating differently. Everyday activities do create moisture, and how a property is occupied can sometimes contribute to condensation. However, that does not mean the condition of the property should be ignored.
Recurring damp and mould can be associated with problems such as inadequate ventilation, defective heating, poor insulation, cold surfaces, plumbing leaks, penetrating damp, roof defects or other problems with the building.
The underlying cause should therefore be properly investigated rather than responsibility being assumed simply because condensation is present.
This distinction matters particularly where a tenant has repeatedly cleaned mould or followed advice given by the landlord, only for the problem to return.
Painting over mould or applying a mould treatment may improve its appearance temporarily, but it may not provide a lasting solution if an underlying defect remains.
For example, if water continues to enter through a defective roof, or the property has inadequate ventilation or a heating system that is not working properly, treating the visible mould alone may not deal with the reason it keeps returning.
Landlords have repairing obligations under the Landlord and Tenant Act 1985 which can include the structure and exterior of rented homes and installations for water, sanitation, space heating and heating water.
There is also no fixed daily or weekly compensation rate for being left without heating or hot water.
The amount that may be appropriate depends on what actually happened.
A brief period of intermittent hot water will not necessarily have the same impact as a household being left without functioning heating and hot water for weeks during winter.
Relevant factors can include:
The household’s circumstances can be particularly relevant where young children, elderly residents or people with existing health conditions are affected by a lack of adequate heating.
Boiler & Heating System failures can also contribute to wider housing problems. A persistently cold home can make condensation more difficult to manage and may contribute to damp and mould where other issues such as poor insulation or ventilation are present.
Landlords are generally responsible for keeping installations for space heating and heating water in repair and proper working order under the Landlord and Tenant Act 1985.
The appropriate level of compensation therefore depends on the severity and consequences of the failure rather than an arbitrary amount for each day without hot water.
Landlords in England have legal obligations concerning the condition of rented homes.
Under the Landlord and Tenant Act 1985, relevant landlords have responsibilities relating to the structure and exterior of a property as well as installations for water, sanitation, heating and hot water.
The Act also contains fitness for human habitation obligations introduced by the Homes (Fitness for Human Habitation) Act 2018. Qualifying rented properties in England must be fit for human habitation when the tenancy begins and remain fit during the tenancy.
These duties are important in damp, mould and heating cases, but the individual circumstances still matter.
Not every instance of mould automatically gives rise to a compensation claim. The cause of the problem, the Landlord’s Obligations, when the landlord became aware of it and what happened afterwards all need to be considered.
Tenants should report problems as soon as possible and allow reasonable access for inspections and necessary repairs. At the same time, they should keep records of reports, appointments, missed visits and any work that fails to resolve the problem.
Social housing tenants now have additional protections under Awaab’s Law.
The first phase came into force in England on 27 October 2025. It introduced fixed requirements for social landlords dealing with significant damp and mould hazards and emergency hazards.
Social landlords must investigate potential significant damp and mould hazards within the required timeframe and, where a significant hazard is identified, take appropriate action to make the property safe. Emergency hazards are subject to much shorter requirements.
A further phase is scheduled for 30 November 2026, when the significant-hazard requirements are due to extend to additional hazards including excess cold.
The specific Awaab’s Law timescales currently apply to social housing. Private renters have separate protections under existing repairing and fitness-for-habitation legislation.
A photograph showing mould or a record of a broken boiler can be important evidence, but a strong housing disrepair claim usually needs to tell the complete story.
First, there needs to be evidence of the condition itself. This may include photographs, videos, repair records and, where required, findings from an appropriately qualified expert.
Second, there should be evidence that the landlord was aware of the problem. Emails, texts, repair portal reports and complaints can help establish when reports were made.
Third, the landlord’s response needs to be considered. Did someone inspect the problem? Were repairs promised but repeatedly postponed? Were contractors sent out but the underlying issue remained? Was the mold cleaned or painted over only to return?
Finally, the impact on the tenant and household needs to be established. That might include damaged belongings, additional expenditure, reduced use of rooms, inconvenience or relevant health effects.
A strong claim connects these elements rather than treating them separately.
This is also why tenants should avoid discarding repair correspondence simply because it feels repetitive. A history of reports and unsuccessful repairs can later help establish what the landlord knew and how long the problem remained unresolved.
If damp, mould, heating or hot water problems continue after being reported, the first priority is to maintain a clear record.
Continue documenting the condition where necessary, keep copies of communication with the landlord and record appointments, inspections and repair attempts. If belongings are damaged or additional costs are incurred, retain evidence of those losses as well.
Where appropriate, tenants may also be able to use their landlord’s formal complaints process. Social housing tenants may have access to the Housing Ombudsman once the relevant complaint stages have been followed, while local authority environmental health teams can have powers relating to hazardous housing conditions.
Legal advice may become appropriate where significant disrepair remains unresolved despite the landlord being aware of it, particularly where the conditions have continued for a substantial period or are seriously affecting the use of the home.
Tenants sometimes hesitate because they are concerned about legal costs or fear that challenging their landlord could put their tenancy at risk. These are legitimate issues to raise when obtaining advice. The legal position can vary depending on the type of tenancy and individual circumstances, so tailored advice is preferable to making assumptions about what will happen.
The important point is that repeatedly living with the same unresolved problem does not have to be the end of the process. Where the circumstances support a housing disrepair claim, legal action may provide a route to pursue both necessary repairs and appropriate compensation.
If damp, mould, broken heating or a lack of hot water has continued after being reported to a landlord, SDS Solicitors can assess whether the circumstances may support a housing disrepair claim.
The team can help review the repair history and available evidence, identify relevant losses and, where appropriate, pursue both repairs and compensation on the tenant’s behalf.
Eligible housing disrepair claims can be handled on a No Win No Fee basis, meaning tenants do not need to fund conventional solicitor fees upfront to find out whether their claim can be pursued. The terms of any agreement are explained before the claim proceeds.
SDS Solicitors supports tenants throughout England, including Manchester, Ashton, Bury, Bolton, Radcliffe, Prestwich, Middleton, Failsworth, Rochdale, Oldham and Whitefield.
If problems with damp, mould, heating or hot water remain unresolved, speak to SDS Solicitors to find out whether a housing disrepair claim may be possible.
