Key points
- Your landlord has a legal duty to keep your home free from serious damp and mould.
- You can usually claim once your landlord knows about the problem and has not fixed it in a reasonable time.
- A claim can get the repairs done and compensation for the time you lived with it.
- We work on a No Win, No Fee basis, so there is nothing to pay upfront.
Why damp and mould matter
Damp and mould are more than a cosmetic problem. Mould releases spores into the air, and living with it can affect your breathing and make conditions like asthma worse. Children, older people and anyone with a health condition are most at risk.
Damp also ruins belongings. Clothes, bedding, carpets, furniture and children's toys can be stained, smell or have to be thrown away. Many tenants end up keeping rooms closed off, which leaves the family with less space to live in.
What your landlord has to do
In England, landlords of most homes must keep the structure and exterior of the property in repair. That includes the roof, walls, windows, gutters and drains, and the pipes and installations that bring water and heating into the home. Many damp problems start with a failure in one of these, such as a leaking gutter, a cracked wall or a broken extractor fan.
Your landlord must also make sure your home is fit to live in at the start of your tenancy and all the way through it. Damp and mould growth is one of the hazards that can make a home unfit.
Council and housing association tenants have extra protection under Awaab's Law. Since 27 October 2025, social landlords in England must deal with damp and mould that poses a significant risk to health within strict legal deadlines, and emergency hazards within 24 hours.
"It's just condensation"
Many landlords blame damp on how tenants live: drying clothes indoors, cooking or not opening windows. Government guidance for landlords is clear that they should not simply blame tenants' lifestyles. They are expected to look for the underlying cause, such as poor ventilation, missing insulation, a leak or rising damp, and fix it.
Even where condensation plays a part, a landlord can still be responsible if the home cannot be kept free of mould with normal day-to-day living. Every case is different, and part of our job is to find out what is really causing the problem.
Signs you may have a claim
You may have a claim if some of these apply to you:
- Black or green mould on walls, ceilings, window frames or furniture
- Damp patches, peeling wallpaper or flaking plaster
- A musty smell that does not go away
- Wet walls, water running down windows or tide marks near the floor
- Belongings damaged by damp or mould
- You have told your landlord and the problem has not been fixed, or keeps coming back after a quick clean or a coat of paint
What a claim can get you
A housing disrepair claim has two aims: getting your home properly repaired, and compensating you for what you have been through.
- Repairs to fix the cause of the damp, not just the mould on the surface
- Compensation for the discomfort and inconvenience of living with it
- The cost of belongings that were damaged or ruined
- Extra costs you had, such as running dehumidifiers or heaters
Compensation is usually based on your rent, how serious the problem was and how long it went on after your landlord knew about it. If someone's health has been affected, that can be looked at as well.
How a claim works
First, we check whether you have a claim. That starts with our free online claim check or a call with our team. If you do, we write to your landlord with a formal letter of claim, following the court's Pre-Action Protocol for Housing Conditions Claims. Your landlord then has a set time to respond, usually 20 working days.
A surveyor may inspect your home to record the problems and what needs to be done. Most claims are settled with the landlord agreeing to carry out the repairs and pay compensation. Only a small number go to court, and we handle the legal side for you either way.
What you can do now
These steps will help your claim, whatever happens next:
- Report the damp and mould to your landlord in writing, by email, letter or their online repair form, and keep a copy
- Take dated photos and videos of the mould and any damaged belongings
- Keep receipts for anything you have had to replace or buy
- Keep a note of every time you chased the repair and what you were told
- If anyone's health has been affected, speak to your GP
This page explains the law in England. If you live in Wales, Scotland or Northern Ireland, the rules are different. Call us and we will tell you where you stand.
Frequently asked questions
Can I claim if I have not reported the damp to my landlord?
Usually your landlord has to know about a problem before they are responsible for fixing it. If you have not reported it yet, do that now in writing and keep a copy. We can still talk you through your options.
My landlord painted over the mould and it came back. Can I still claim?
Yes, this is very common. Painting over mould or treating it with a spray does not fix the cause. If the mould keeps returning, the underlying problem has not been repaired.
How long ago can I claim for?
Disrepair claims can generally go back up to six years. Personal injury claims have a shorter time limit, usually three years, so it is best not to wait.
Can I claim if I am behind with my rent?
Often, yes. Tell us about any arrears at the start, because your landlord may ask for them to be taken off any compensation.
Will my landlord evict me for making a claim?
Making a genuine disrepair claim is not a lawful reason to end your tenancy, and the law gives tenants protection against so-called revenge evictions. We will explain how this applies to your tenancy.