If you have developed health problems from damp and mould in a rented property and your landlord failed to act despite being notified, you can claim compensation. The Homes (Fitness for Human Habitation) Act 2018, the Landlord and Tenant Act 1985 (section 11) and the Defective Premises Act 1972 all impose duties on landlords to maintain properties free from hazards like damp and mould. Your claim can cover both personal injury (respiratory illness, skin conditions) and housing disrepair damages.
Damp and mould in rented homes is one of the most widespread housing problems in the UK, and it has serious health consequences. Following the death of two-year-old Awaab Ishak in Rochdale in 2020 from a respiratory condition caused by mould exposure in a social housing flat, public and political attention on this issue has intensified. The inquest and subsequent legislation (known informally as “Awaab’s Law”) highlighted that landlords cannot dismiss mould as a “lifestyle issue” and must investigate and remedy it. This guide explains how to claim compensation for the health effects. We are an independent information resource, not a law firm.
Health effects of damp and mould
Mould produces spores that, when inhaled, can cause or worsen a range of health conditions:
- Asthma — new-onset or worsening of existing asthma, with increased frequency and severity of attacks.
- Allergic rhinitis — chronic nasal congestion, sneezing and sinus problems.
- Bronchitis and respiratory infections — recurrent chest infections, especially in children.
- Eczema and skin irritation — contact with mould or damp conditions can trigger or worsen skin conditions.
- Aspergillosis — a serious lung infection caused by Aspergillus mould, primarily affecting immunocompromised individuals.
Children, the elderly, people with pre-existing respiratory conditions and immunocompromised individuals are at the highest risk.
Your landlord’s duties
| Legislation | Key duty |
|---|---|
| Homes (Fitness for Human Habitation) Act 2018 | Property must be fit for habitation throughout the tenancy. Damp and mould growth is a listed hazard (HHSRS Category 1). |
| Landlord and Tenant Act 1985, s.11 | Landlord must repair structure, exterior, water/heating installations. Failure causing water ingress or inadequate heating can lead to damp. |
| Defective Premises Act 1972, s.4 | Duty to prevent personal injury from defects the landlord knew or ought to have known about. |
| Environmental Protection Act 1990, s.79-82 | Damp and mould can constitute a “statutory nuisance”; the council can serve an abatement notice on the landlord. |
Critically, landlords cannot simply blame condensation on the tenant’s lifestyle (opening windows, drying clothes). If structural defects, inadequate ventilation, leaking roofs or guttering, poor insulation or lack of heating contribute to the damp, the landlord is responsible. A surveyor’s report can distinguish between structural damp and condensation-only issues.
Compensation
A damp and mould claim can recover two types of damages:
- Personal injury compensation — for the health condition itself (general damages guided by JCG 17th edition, 2024, Chapter 7(D) for lung disease) plus special damages for treatment costs, lost earnings and other expenses.
- Housing disrepair damages — compensation for loss of amenity (living with the damp), damage to belongings and the cost of remedial works the tenant paid for.
| Condition | JCG chapter | Severity range |
|---|---|---|
| Mild respiratory illness (resolving with treatment) | Chapter 7(D) | A few thousand pounds |
| Moderate asthma (ongoing, controlled with medication) | Chapter 7(D) | Several thousand to mid-tens of thousands |
| Severe chronic respiratory disease | Chapter 7(D) | Mid-tens of thousands to over 100,000 in the most severe cases |
| Skin conditions (eczema) | Chapter 8 | A few thousand (mild) to several thousand (moderate, chronic) |
Social housing tenants
Social housing tenants (council or housing association) have exactly the same rights as private tenants. Housing associations and local authorities owe the same statutory duties. Many of the highest-profile damp and mould cases have been brought against social landlords. The process for claiming against a council is the same as any civil claim, though the council’s complaints procedure should usually be exhausted first.
Evidence
- Written complaints to landlord — dated emails, letters, texts and portal messages showing when you reported the damp.
- Photographs and video — of the mould growth, damp patches, condensation on windows, damaged belongings.
- Medical records — GP records, hospital admissions, prescriptions showing your health condition and its timeline.
- Surveyor’s report — a damp survey identifying the cause (structural vs condensation).
- Council environmental health inspection — if the council inspected and found a Category 1 hazard.
- Repair history — evidence of what the landlord did (or failed to do) after your complaints.
Time limits
Three years from the “date of knowledge” (when you first knew your health problem was linked to the damp) under section 14 of the Limitation Act 1980. For housing disrepair, the six-year contractual limitation may also apply. Children’s time starts at 18. See our time limits guide.
Frequently asked questions
Can I claim compensation for health problems caused by damp and mould?
Yes. If your landlord failed to address damp and mould that caused or worsened a health condition such as asthma, bronchitis or allergic reactions, you can claim compensation for your personal injury alongside any housing disrepair claim. Key legislation includes the Landlord and Tenant Act 1985, the Defective Premises Act 1972 and the Homes (Fitness for Human Habitation) Act 2018.
What health problems can damp and mould cause?
Exposure to damp and mould spores can cause or worsen asthma, bronchitis, allergic rhinitis, sinusitis, skin conditions like eczema, and respiratory infections. In severe cases, particularly for children, the elderly and immunocompromised individuals, prolonged exposure can cause serious lung conditions.
Is my landlord responsible for damp and mould?
If the damp is caused by a structural defect, inadequate ventilation, a leaking roof, defective guttering or rising damp, the landlord is usually responsible. Landlords cannot simply blame condensation on tenant lifestyle without investigating whether structural issues are contributing.
Do I need to have reported the damp to my landlord?
Yes. Under section 11 of the Landlord and Tenant Act 1985, the landlord’s repair duty generally arises once they have notice. Report the problem in writing (email or letter) and keep dated copies. Under the Defective Premises Act 1972, the landlord may be liable if they ought to have known about the problem.
What is the Homes (Fitness for Human Habitation) Act 2018?
This Act requires that rented properties must be fit for human habitation at the start of and throughout the tenancy. Damp and mould growth is listed as one of the 29 hazards that can make a property unfit. The Act gives tenants a direct right to take their landlord to court.
How much compensation can I get?
Compensation depends on the severity of your health condition and how long you have been affected. General damages for respiratory illness are assessed under the Judicial College Guidelines. Special damages cover treatment costs, lost earnings and the cost of alternative accommodation. Separate housing disrepair damages for loss of amenity may also be awarded.
Can social housing tenants claim?
Yes. Social housing tenants have the same rights as private tenants. Housing associations and local authorities owe the same duties under the Landlord and Tenant Act 1985, the Defective Premises Act 1972 and the Homes Act 2018. Many successful damp and mould claims are brought against social landlords.
How long do I have to claim?
Three years from the date you first knew (or should have known) that your health condition was linked to the damp and mould, under section 14 of the Limitation Act 1980. This “date of knowledge” rule is important because respiratory conditions develop gradually.
Get help from official, free sources
- Shelter — free housing advice on damp, mould and disrepair
- Citizens Advice — free, impartial guidance on tenant rights
- Your local council environmental health team — inspect housing hazards
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
Related guides: tenant injury claims, occupational asthma claims, claiming against a council, how to make a claim, how compensation works.