Damp and mould claims against your landlord
Damp and mould damage your home, your belongings and your family’s health — and the law now treats them with the seriousness they deserve. If you reported the problem and your landlord failed to act, we can claim compensation and force the works — on a no win, no fee basis.
Yes. If you reported damp or mould and your landlord failed to deal with it, you can claim compensation and a court order requiring the works. Damp and mould engage your landlord’s repairing duty under section 11 of the Landlord and Tenant Act 1985, the requirement that your home is fit for human habitation, and — if you rent from a council or housing association — the fixed legal deadlines of Awaab’s Law: investigation within 10 working days and the home made safe within 5 working days of the investigation concluding.
What counts as a damp and mould claim
Damp and mould rarely appear from nowhere — they are usually the visible symptom of a defect your landlord should have repaired:
- Penetrating damp — water getting in through defective roofs, gutters, brickwork, render, pointing, windows or doors
- Rising damp — failed or missing damp-proof courses letting moisture climb the walls
- Leak-driven damp — plumbing failures and historic leaks that were never properly dried out or repaired (see our leaks and water damage page)
- Condensation damp caused by the building — inadequate ventilation, missing or broken extractor fans, uninsulated cold spots, defective windows and inadequate heating systems that make condensation inevitable
- Black mould growth — on walls, ceilings, around windows, behind furniture and inside cupboards, returning however often you clean it
The pattern in nearly every case we take: the tenant reported it, was told to open the windows or given a mould wash, and the mould came back — because the underlying defect was never fixed.
Why damp and mould are taken so seriously
Mould is a health hazard, not a cosmetic problem. Prolonged exposure is linked to respiratory conditions, asthma, infections and worse — with babies, children, older people and anyone with existing health conditions most at risk. The death of two-year-old Awaab Ishak from mould exposure in his family’s social housing flat is the reason the law in this area changed. Mould also ruins what you own: clothes, bedding, furniture, prams and shoes, and it makes rooms unusable — families end up abandoning mouldy bedrooms and sleeping together in the living room.
“It’s condensation — it’s your lifestyle”
This is the defence almost every tenant hears: the damp is your fault for drying clothes indoors, cooking, showering, or not opening the windows. It is the same explanation Awaab Ishak’s family were given, and it deserves the scepticism it now gets.
Why the “lifestyle” defence usually fails
If you have been blamed for the damp in your home, do not let it put you off. It is the standard first response — and it is usually wrong.
“Landlords often assume tenants won’t push back. Our job is to make sure they do — and that the repairs actually get done, not just promised.”
Stephen Lund · Director
Awaab’s Law: fixed deadlines for social landlords
If you rent from a council or housing association
Since 27 October 2025, Awaab’s Law gives your landlord fixed legal deadlines for significant damp and mould hazards: investigate within 10 working days, written findings to you within 3 working days of the investigation concluding, and the home made safe within 5 working days — with emergencies handled within 24 hours. Missing them is a breach of your tenancy agreement that you can enforce through the courts.
The deadlines apply to reports made (or repeated) from 27 October 2025 — so if your damp was reported before then and never fixed, report it again and the clock starts. Read our full Awaab’s Law guide →
What you can recover
A successful damp and mould claim can secure:
An order requiring your landlord to fix the cause of the damp — not just wash the mould off — within a set timescale.
Damages for the distress, discomfort and loss of enjoyment of your home for the whole period of the problem.
The cost of clothing, bedding, furniture and other possessions destroyed by mould and damp.
Where the conditions have affected your or your family’s health — respiratory problems being the most common.
How the claim works
Damp and mould claims follow the Pre-Action Protocol for Housing Conditions Claims: free assessment, formal letter of claim, independent expert inspection — which establishes the true cause of the damp — then settlement or court. Dated photos of the mould (especially as it returns after cleaning), your reports, and any medical records all help: our evidence guide explains what to gather. For the wider picture of your rights, see our main housing disrepair guide.
Damp and mould FAQs
My landlord blames condensation and my "lifestyle". Do I still have a claim?
Very possibly. Normal living that involves cooking, washing, and drying clothes, produces moisture, and a home that cannot cope with being lived in is defective. Condensation usually has building causes: missing or broken extractor fans, cold uninsulated walls, defective windows, inadequate heating. An independent surveyor identifies the true cause as part of the claim, and a persistently damp, mouldy home can be unfit for human habitation however the moisture arises. Don’t let the blame put you off.
The landlord keeps doing mould washes but it comes back. Can I claim?
Yes. A mould wash treats the symptom, not the cause. If the defect producing the moisture is never fixed, the mould always returns. A history of repeat washes is strong evidence that your landlord knew about the problem and never properly addressed it. Photograph the mould each time it returns, with dates.
The mould is making my children ill. What should I do?
See your GP and make sure the visits are recorded. Medical records linking the symptoms to the housing conditions matter, both for getting the problem treated urgently and for any claim. Report the mould to your landlord again in writing, mentioning the health impact and who lives in the home: under Awaab’s Law, the presence of children and the health effects make the hazard more serious and the required response faster. Then contact us — cases involving children’s health are treated with urgency.
Does Awaab's Law apply to my damp and mould problem?
If you rent from a council or housing association and the damp and mould present a significant risk of harm, yes but with fixed deadlines: investigation within 10 working days, written findings within 3 working days, the home made safe within 5 working days, and 24 hours for emergencies. If your problem was reported before 27 October 2025 and never fixed, report it again to start the statutory clock. See our full Awaab’s Law guide.
Should I clean the mould off or leave it as evidence?
Photograph and video it thoroughly first, with wide shots showing which room and close-ups showing the extent, then clean what you need to for your family’s health. Mould that returns after cleaning is itself powerful evidence, so keep photographing each recurrence. You do not need to live with untreated mould to preserve a claim.
How much does it cost to claim?
We act on a no win, no fee basis under a Conditional Fee Agreement. If your claim is unsuccessful, you do not pay our fees. The full details of how no win, no fee works, including the insurance arrangements that protect you, are set out on our costs and funding page.
Stop living with the mould — find out if you can claim
Tell us about the damp and mould and what your landlord has (or hasn’t) done. We’ll review it free of charge and tell you honestly whether you have a claim.
Free case assessment
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