Do you have a damp problem in your rented property? Contact Legal HD and we can help you seek compensation.

Your landlord has a duty to provide safe and inhabitable accommodation.

• If a damp issue is causing disrepair and damage to the property you may be able to make a housing disrepair claim
• If a damp issue is causing you health problems and you can prove it with medical evidence, you may be able to make a housing disrepair claim

What types of damp are there?

There are four common types of damp that can be found in a property, these are:

• Condensation – caused by poor ventilation or insulation and is evidenced by mould spots typically around windows
• Penetrating damp – caused by damage to external structures such as walls, gutters, fascias and soffits or internal pipework, and is evidenced by moisture getting into the walls and slowly making paint or plaster bubble up and blister, if left untreated this can deteriorate to cause structural damage
• Rising damp – caused by there being no damp proof course installed in a property, and therefore moisture from the ground travels up from the ground and manifests itself as damp and mould spots in corners and around skirting boards
• Traumatic damp – caused by a traumatic event such as flooding or severe plumbing issues.

How does damp affect tenants?

Damp can cause a problem if it is ignored and left to get worse. Once damp is in the walls of a property it is very hard to remove, the only real way is to stop the problem at source and wait for the damp to dry out, so if the damp is left it will gradually deteriorate the structure of a property potentially causing instability, but also causing draughts. It will also look unsightly and is generally unpleasant to live with. Even if no structural damage is caused, the spores from mould can affect the health of some people and cause breathing difficulties or other illnesses. Also, if a damp issue is not resolved by the landlord after a tenant has reported it, this can lead to stress and anxiety as the tenant has to live in these conditions.

What happens if a landlord doesn’t resolve a damp issue?

In some cases it is possible that a damp issue is only minor and won’t get much worse. However, you should always report a damp issue to your landlord because they may want to act so that the issue is resolved at source, i.e. whatever is causing moisture to enter the property is stopped from doing so. This may involve an external repair, but it doesn’t automatically mean that the damp itself is a disrepair issue that you can make a claim against.

• If damp hasn’t caused a disrepair issue or damage to the property, and there is just superficial damp that looks unsightly but nothing worse than that, you may not be able to seek housing disrepair compensation.
• Even if you have rising damp and there is no damp proof course in the property, this doesn’t mean the landlord is automatically liable as it could be a construction issue. In such circumstances you may not be able to seek housing disrepair compensation.
• If the damp has been left unresolved since you first reported it and it has deteriorated to cause damage to a wall or other feature of the property, and/or your personal belongings, you may be able to seek housing disrepair compensation.
• If the damp is only minor and has not caused any damage, but it has caused you health issues which you can prove, then you may be able to seek housing disrepair compensation.
• If there is a damp proof course in the property and it has been damaged or breached then you may be able to seek housing disrepair compensation.

In all cases you should contact Legal HD for expert legal advice on your damp issue. On a no-win-no-fee basis we can examine and advise on your case and work out the best way forward in making a housing disrepair claim.

Frequently Asked Questions

How am I eligible to make a housing disrepair claim?

If you are renting property through a housing association, social housing or local authority, have reported the problem and left a reasonable amount of time for it to be repaired, and the damp issue has now caused damage to the property, you are eligible to seek housing disrepair compensation.

What is the claims process?

If you start a claim we will review the information you provide and then talk to you to establish if your case is likely to be successful. We will then outline a plan going forward and help you through the claims process.

What can I claim for?

When making a housing disrepair claim you can claim for any costs you have paid out, any damage to your personal belongings and any health issues directly related to the damp issue. And you can also claim for the inconvenience of living with the unresolved damp issue.

Contact Legal HD to discuss your damp problem in a rented property today.