Damp & mould claimsNo win, no feeSRA #809071

Damp or mould in my rented home — what can I do?

If your Council or Housing Association landlord has ignored damp and mould after you reported it, you can usually claim compensation and a court order forcing the repairs. Under Section 11 of the Landlord and Tenant Act 1985 the landlord must keep the structure and exterior in repair; under Section 9A of the Homes (Fitness for Human Habitation) Act 2018 the property must be fit to live in throughout the tenancy. For social-landlord tenants, Awaab's Law — enacted after the death of two-year-old Awaab Ishak in Rochdale — now sets strict investigation and remedy deadlines for damp and mould hazards. Compensation is typically calculated as a percentage of rent paid during the disrepair plus special damages for ruined belongings, increased bills, and any health effects. Most awards we see sit between £1,500 and £15,000 depending on severity and duration.

Reviewed by Sannah Khatoon — litigation & housing disrepair solicitor.

SRA #654258 · Admitted 2018 · Verify on SRA register

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What to do right now

Three things to do today

Photograph everything, with date stamps

Use your phone's camera with date-stamp on. Every affected wall, every mouldy corner, every ruined item of clothing or furniture. The strongest claims we handle are evidenced in weeks of photos, not words.

Keep the written trail

Every text, email and letter you've sent the landlord — plus their replies, or the silence that followed. If your landlord is a council or housing association, log the complaint through their formal process so there is a record of the ignored report.

Call us before the landlord's inspector arrives

A pre-inspection phone call with a specialist housing solicitor is free, and it tells us whether to arrange our own independent surveyor and what to say — or not say — on the day.

The law behind the claim

The statutes we rely on

Section 11, Landlord and Tenant Act 1985

Landlord must keep in repair the structure and exterior of the dwelling and the installations for water, gas, electricity, sanitation and heating. Damp caused by failed guttering, missing roof tiles, faulty damp-proof course or structural condensation falls squarely inside this duty.

Section 9A, Homes (Fitness for Human Habitation) Act 2018

For tenancies granted or renewed on or after 20 March 2019, the property must be fit for human habitation at the start of the tenancy and throughout. Severe damp and mould is one of the HHSRS hazards courts routinely cite in finding a property unfit under this section.

Awaab's Law — Social Housing (Regulation) Act 2023

Enacted after the death of two-year-old Awaab Ishak in Rochdale from prolonged mould exposure. It requires social landlords to investigate damp and mould within strict time limits and complete remedy works within a reasonable period. Where they do not, that failure strengthens a damages claim.

Common questions

FAQ

How much compensation can I claim for damp and mould?

Compensation is usually calculated as a percentage of rent paid during the disrepair period: 25%–50% of rent for severe damp affecting multiple rooms, 10%–25% for moderate problems, up to 10% for limited mould patches. Add special damages for ruined clothing, furniture, soft furnishings, increased heating bills, and any medical costs. Most awards sit between £1,500 and £15,000 depending on severity and duration. Every case is fact-specific.

What is Awaab's Law and does it apply to me?

Awaab's Law is the amendment to the Social Housing (Regulation) Act 2023 enacted after the death of two-year-old Awaab Ishak in Rochdale from prolonged mould exposure. It requires social landlords (councils and housing associations) to investigate damp and mould hazards within fixed time limits and complete repairs within a reasonable period. Where they do not, that failure strengthens any claim for damages. Private tenants rely on Section 11 LTA 1985 and the Homes (Fitness) Act 2018 instead.

How long do I have to bring a damp and mould claim?

You have six years from the date the disrepair began under the Limitation Act 1980. If the damp has caused personal injury — for example asthma triggered or worsened by mould — the limit is three years from the date you first became aware of the injury. You can claim while you are still in the property; ongoing disrepair strengthens the case because the rent loss period keeps growing.

Do I need to pay anything up front?

No. Most housing disrepair claims run on a No Win, No Fee agreement (a Conditional Fee Agreement). You pay nothing up front and nothing if the case is unsuccessful. We arrange After-the-Event insurance so your opponent's costs are covered. If you qualify for Legal Aid we will tell you so you can decide the right route. Abrahams Solicitors is SRA-regulated (firm #809071).

Other housing disrepair claims

If your problem is something else

Leaks and water damage

Roof leaks, burst pipes, water-damaged ceilings — compensation and repairs under Section 11.

Pests, vermin and infestation

Rats, mice, cockroaches, bedbugs — unfit for habitation claims and compensation.

Or go back to the main housing disrepair page →

No win, no fee

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Abrahams Solicitors · SRA #809071 · https://www.abrahamssolicitors.co.uk/damp-and-mould-claim/