When you rent a property there is a certain standard that must be met at all times. Specific living conditions that your landlord must ensure are kept up throughout the time that you are paying rent. If these conditions alter and your accommodation is showing signs of becoming an unstable living environment, then it is up to your landlord to make the appropriate corrections.
A standard of living when it comes to rented properties includes dampness. There should be no dampness at any point as this can become mould and can have negative effects on the renters’ health. Damp and mould will not only make your house unappealing to look at, but they can also damage furniture, clothing, and belongings and cause health complications such as issues with breathing, chest infections and suffering from mould poisoning. This is why damp must be corrected immediately and if it is neglected, a housing disrepair claim could be made and the renters could be eligible for compensation.
Who is responsible for dampness in a rented property?
Typically, handling the living conditions of a rented property is the landlord’s responsibility and this includes dealing with dampness. It can be slightly tricky to decide who is responsible, however, and the role can often be circumstantial. There is a general guide to understanding who is responsible and when and we have briefly outlined it below.
The landlord is responsible when the dampness has occurred due to underlying repair issues, some of these could be:
- Leaking pipes
- Missing roof tiles
- Cracks in the walls
- Faulty guttering
- Rotten or inadequate window frames
- Faulty damp proof course
However, there are some scenarios where dampness may occur that would lead the landlord to believe it is not their responsibility and is the tenants as it is their actions that have caused it. The times when a landlord may be reluctant to take accountability and fix the dampness are when the tenant has not taken the appropriate actions to reduce the chances of dampness.
This could be if they:
- Regularly dry clothes indoors or on radiators
- Fail to open windows
- Let the temperature dramatically fluctuate
Can I claim compensation for damp?
If you are experiencing dampness in your rented home then you can claim compensation but only if certain elements apply. Some of these are:
- If you have reported the issue to your landlord and they have failed to resolve the issue, discuss how and when they will resolve the issue or follow up at all with you. If your damp goes untreated and you can prove that you have contacted your landlord expressing your concerns and they have failed to solve the issue then you can claim.
- You have reported the dampness and it has been neglected by the landlord so the issue has worsened. This can also apply if they have not set a date to fix it or have said they would and failed to do so for some time.
- If it is affecting the tenants’ health or worsening pre-existing conditions.
- If it has occurred due to an issue that the landlord was made aware of, and neglected, beforehand.
Can I claim for mould damage?
If your damp has turned into mould then you may be able to claim for mould damage. If it has festered into mould and you can prove that you notified your landlord about the dampness, which they neglected to fix, thus leading to the mould that has caused issues and violations to the tenancy agreement, then you can claim for mould damage. The most common reason people can claim mould damage is due to the impacts it can have on the tenants’ health. Mould and dampness can trigger a range of health complications and if you can prove that you have experienced these then you can claim. Some symptoms are:
- Respiratory problems
- Allergic reactions
- Skin irritations
- Sneezing fits
- Fungal infections
- Inconvenience and discomfort
You can also claim if you can prove that the mould has caused other housing issues. Some of these are:
- Damage to furnishings
- Damage to belongings
- Any costs incurred – to fix or replace belongings
The key point of claiming mould damage is proof. You have to be able to prove that these issues have occurred due to negligence or failure to provide complete service by your landlord. That’s why if you are experiencing any of these issues it’s important to document it. Take pictures, keep doctors’ notes and letters including dates, record the dates of appointments, and keep proof of your emails/ways of contacting your landlord including dates and how they followed it up.
How much compensation can I get for mould and dampness in the UK?
The compensation rates can vary usually depending on the evidence, amount of damage and the effects. Typically speaking, compensation for mould and dampness in the UK tends to be between 25% to 50% of the rent of the property. This is why it’s great to get the help of a team of legal professionals who can appropriately assess the damage and the level of compensation that is fair.
Calculate your housing disrepair compensation today!
If you feel as though you are entitled to compensation for the dampness in your home and want to begin the process, then Claims Bible is the company for you. Our team of highly trained legal experts are entirely equipped and determined to calculate the fairest and best damp compensation claim for you and ensure that you receive the appropriate reimbursement for property claims. Claim with confidence when you use Claims Bible and contact us today on WhatsApp at 07312 077 400 or by email at firstname.lastname@example.org to begin this process or read more about our damp compensation calculator