Signs you may have a wall problems claim
- Black mould on walls, ceilings or around windows
- Tide marks or damp patches rising from the floor
- Plaster bubbling, crumbling or falling off
- Wet or cold walls after rain
- Cavity wall insulation that has slumped or got wet
- Musty smell that never goes away
Three kinds of damp, one responsible party
- Rising damp comes up from the ground when the damp-proof course has failed or been bridged. It shows as tide marks up to about a metre high, salts on the plaster and rotting skirting boards.
- Penetrating damp comes through the walls or roof from outside: cracked render, failed pointing, leaking gutters, defective flashing or, very commonly, cavity wall insulation that has become wet and bridges the cavity.
- Condensation damp forms when warm, moist air meets cold surfaces. It is the type landlords most often blame on tenants, but its real causes are usually uninsulated walls, missing or broken extractor fans, blocked vents and heating that is too expensive to run.
Under Section 11 of the Landlord and Tenant Act 1985 the walls, damp-proof course, render and external pointing are structure and exterior, and under the Homes (Fitness for Human Habitation) Act 2018 damp and mould are among the hazards that make a home unfit. Social landlords must also meet the strict investigation and repair deadlines in Awaab's Law.
Why mould is a health issue, not a cleaning issue
Mould spores cause and worsen asthma, bronchitis, repeated chest infections, allergic reactions, eczema and other skin conditions. Babies, children, older people, pregnant women and anyone with a weakened immune system are most at risk. Wiping mould off with bleach does not remove the cause, and tenants should never be told that it is their job to do so.
Failed cavity wall insulation
Insulation injected into cavity walls in exposed locations, or installed badly, can get wet, slump and transfer water across the cavity to the inside of the house. The result is cold, damp walls and mould, usually on the side facing the prevailing wind. Extracting failed insulation and repairing the wall is the landlord's responsibility.
What you can claim
- A proper investigation to identify the cause, then the repair: damp-proofing, repointing, gutter repairs, insulation removal or replacement, ventilation and heating improvements.
- Mould treatment and full redecoration of affected rooms.
- Compensation as a percentage of rent for the whole period affected, which for damp is often years.
- Replacement of mould-damaged furniture, clothes, bedding and children's belongings.
- Compensation for ill health, supported by medical records.
Evidence that helps
Photograph mould as it appears and after each time you clean it. Keep a diary of chest infections, inhaler use and GP visits. Save every message in which your landlord blamed condensation or lifestyle.
Think you have a housing disrepair claim?
Tell us what is wrong with your home and we will check, free of charge, whether you can claim repairs and compensation on a no win, no fee basis.
Damp, mould and wall problems: your questions answered
My landlord says the mould is condensation caused by me. Is that right?
Rarely. Condensation damp is almost always caused by the building: poor insulation, inadequate ventilation and heating that is too expensive to use. The Homes (Fitness for Human Habitation) Act makes the landlord responsible for homes that are unfit because of damp and mould, whatever the mechanism.
What is Awaab's Law?
Rules under the Social Housing (Regulation) Act 2023 that require social landlords to investigate reported damp and mould within set timescales, give the tenant a written report and start repairs within fixed deadlines. Missing them strengthens a disrepair claim.
Can I claim if my child has been ill because of the mould?
Yes. Personal injury compensation for a child's illness can be claimed alongside the disrepair claim, and the time limit for a child runs until three years after their 18th birthday.
The damp was there when I moved in. Does that matter?
It helps your claim. Under the 2018 Act the home must be fit for habitation from the first day of the tenancy.