Damp and Mould Compensation Claims Against Your Landlord

If you’re living with damp and mould that keeps coming back, despite repeatedly reporting it to your council or housing association, you may feel like you’ve run out of options. Repairs may have been promised but never completed, contractors may have only painted over the problem, or you may be increasingly worried about what the conditions in your home could be doing to your family’s health.

After weeks or months of getting nowhere, it can be difficult to know what to do next. You may be unsure whether the problem is serious enough to make a claim, worried about the cost of legal help, or concerned that taking action could affect your tenancy.

If your landlord has failed to deal with repairs they are responsible for within a reasonable time, you may be able to make a Damp and Mould Claim. A successful claim can help ensure the underlying problems are properly repaired and secure compensation for the effect the disrepair has had on you and your household.

You don’t need to understand housing law or have everything documented before speaking to us. We’ll listen to what has happened, assess your circumstances and explain your options clearly, so you know where you stand and what you can do next.

SDS Solicitors has more than 25 years of legal experience. Our Housing Disrepair team is led by our Managing Director, Sheldon Davidson, a qualified solicitor with experience pursuing Damp and Mould Claims against landlords. Sheldon and his team bring that wider legal experience to housing disrepair cases, helping tenants understand their rights, challenge poor conditions and pursue appropriate outcomes.

Your initial consultation is free and without obligation. If we can accept your Damp and Mould Claim, we’ll confirm whether we can represent you on a No Win, No Fee basis, so you know the financial position before deciding whether to proceed.

If you’ve reached the point where you need someone else to take your concerns seriously, contact SDS Solicitors today and find out how we can help.

Understanding Damp and Mould in Housing Disrepair

Damp occurs when excess moisture builds up within a property. If the underlying source of that moisture is not identified and repaired, it can create the conditions in which mould grows and spreads.

You may notice black, green or other patches of mould appearing around windows, ceilings, walls or behind furniture. There may also be peeling wallpaper, damaged plaster, persistent condensation, musty smells or walls that feel cold and damp to the touch.

Common causes of damp and mould can include:

• Leaking pipes and plumbing
• Defective roofs, guttering or brickwork
• Water entering through windows or doors
• Poor or defective ventilation
• Insufficient or defective heating
• Penetrating damp
• Rising damp
• Structural defects and water ingress

Simply cleaning or painting over mould does not necessarily solve the problem. Where mould is being caused by a defect in the property, the source of the moisture may need to be properly investigated and repaired.

This is particularly frustrating when you have already reported the problem, allowed contractors into your home and repeatedly explained that previous repairs have not worked.

Is Your Landlord Responsible for Damp and Mould?

Landlords have legal responsibilities to keep rented homes in repair and ensure they are fit to live in. Under the Landlord and Tenant Act 1985, this generally includes responsibility for the structure and exterior of the property and certain installations for water, sanitation and heating.

The Homes (Fitness for Human Habitation) Act 2018 also requires relevant rented homes to remain fit for human habitation. Damp and mould are among the hazards that can be relevant when assessing whether a home is fit to live in.

If you rent from a council or housing association in England, you may also have additional protection under Awaab’s Law. Introduced following the death of two-year-old Awaab Ishak after prolonged exposure to mould in his home, the law places time-bound duties on social landlords to investigate and address certain hazards. Since 27 October 2025, these requirements have applied to significant damp and mould hazards and emergency hazards.

This means social landlords cannot simply leave serious reports of damp and mould unresolved indefinitely. Where the requirements apply, landlords must investigate within prescribed timescales, provide tenants with written information about their findings and take action to make the property safe within the required timeframe. Emergency hazards must be investigated and made safe within 24 hours.

However, the presence of mould does not automatically mean that your landlord has breached their legal duties. Responsibility will depend on the circumstances, including what is causing the problem, the seriousness of the hazard, when your landlord became aware of it and what action they took in response.

If you have reported recurring damp and mould and your council or housing association has failed to properly investigate or resolve the problem, Awaab’s Law and wider housing legislation may give you important legal protections. Our housing disrepair solicitors can assess what your landlord should have done and whether you may have grounds to take further action.

Impact of Damp and Mould on Your Property and Well-being

Living with persistent damp and mould can affect much more than the appearance of your home. When the problem spreads from one room to another or keeps returning after being cleaned, it can change how you and your family live day to day.

You may find yourself moving furniture away from damp walls, avoiding certain rooms or constantly cleaning mould only for it to return. In more serious cases, bedrooms can become difficult to use, children may be sleeping close to mould-affected walls, and you may feel unable to keep your home warm, dry and comfortable despite your best efforts.

Damp and mould can also damage your belongings. Clothing, bedding, mattresses, carpets, furniture and personal possessions can become stained, mouldy or unusable. Replacing these items can create an additional financial burden, particularly when the underlying problem has still not been fixed.​​​​​​

How Can Damp and Mould Affect Your Health?

Living in a damp and mouldy home can also affect your health and well-being. Exposure to damp and mould is associated with respiratory problems, allergies, asthma and other physical symptoms. Babies and children, older people and those with certain existing health conditions can be particularly vulnerable.

The emotional impact should not be overlooked either. Constantly worrying about your children’s health, watching mould spread across your home and repeatedly trying to get your landlord to act can leave you feeling stressed, frustrated and exhausted.

Your home should be somewhere you and your family can feel safe and comfortable. If damp and mould are preventing that, and your landlord has failed to properly address the cause, you should not have to simply accept the conditions you are living in.

Can I Claim Compensation for Damp and Mould?

If your landlord has failed to deal with damp and mould they are legally responsible for, you may be entitled to compensation as part of a Damp and Mould Claim.

Compensation is not simply about the visible mould on your walls. A claim can take into account how serious the disrepair has been, how long you have lived with it and how it has affected your use and enjoyment of your home.

Depending on your circumstances, you may be able to claim compensation for:

• Living with the disrepair – including the inconvenience and loss of enjoyment caused by having to live in a damp or mould-affected home.
• Rooms you could not properly use – for example, where severe damp or mould has prevented you from comfortably using a bedroom or other part of your home.
• Damaged belongings – such as clothing, furniture, mattresses, carpets or other possessions damaged by damp and mould.
• Additional expenses – where the disrepair has caused you to reasonably incur extra costs that can be evidenced.
• Personal injury – in some circumstances, where there is medical evidence that the conditions in your home have caused or worsened a health problem.

The amount of compensation you could receive will depend on the individual circumstances of your case. There is no fixed payout for damp and mould, and we would be cautious of anyone promising you a particular amount before properly assessing what has happened.

Importantly, a housing disrepair claim is not only about compensation. Where your landlord has failed to carry out repairs they are responsible for, legal action can also be used to push for the underlying defects to be properly addressed, rather than leaving you to live with another temporary fix.

At SDS Solicitors, we will assess how the disrepair has affected you, your household and your home before advising you on what your claim may include.

What Evidence Do I Need for a Damp and Mould Claim?

You may be worried that you cannot make a Damp and Mould Claim because you have not kept every email, taken photographs from the beginning or recorded every time you contacted your landlord. Do not let that stop you from seeking advice.

The evidence needed will depend on your circumstances, and our housing disrepair solicitors can help you understand what may be available and what else might be needed to support your claim.

Useful evidence can include:

• Photos and videos showing damp, mould, condensation and damage throughout your home.
• Reports made to your landlord, including emails, text messages, online repair requests and complaint records.
• Repair and inspection records, such as contractor visits, cancelled appointments and details of previous work carried out.
• Evidence of damaged belongings, including photographs and receipts for furniture, clothing, mattresses or other possessions affected by damp and mould.
• Evidence of additional costs you have incurred because of the disrepair.
• Medical records, where you believe damp and mould have caused or worsened a health problem.

Evidence that you reported the problem to your landlord can be particularly important. Keeping a simple record of when you contacted them, what you reported and how they responded can help establish how long they have been aware of the conditions.

In some cases, an inspection by an independent expert may also be needed to identify the cause of the damp and mould, assess the condition of the property and determine what repairs are required.

Even if your evidence is limited, speak to us before assuming you do not have a claim. We can assess what you already have and explain what further evidence may be needed.