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Damp and Mould Claims

England & WalesLast reviewed 18 September 2026

If damp or mould in your rented home is caused by disrepair or makes it unfit to live in, you can claim against your landlord for repairs and compensation. You do not need to wait for the council to act, and you can also claim for any illness the conditions caused.

What Makes a Landlord Liable

Direct Answer: A landlord is liable where damp or mould stems from a defect they must repair, such as a leaking roof or gutter, failed damp-proofing or defective heating, or where it makes the home unfit for habitation, once they have notice.

Section 11 of the Landlord and Tenant Act 1985 requires landlords to keep the structure, exterior and installations in repair. Since 2018, section 9A requires a home to be fit for human habitation, and serious damp and mould can make it unfit. Not all condensation is a landlord's fault: if the cause is lifestyle, such as inadequate ventilation, the claim may be weaker, which is why an expert inspection is normally needed.

Making the Landlord Aware and Following the Protocol

Report the problem in writing and keep copies, since the duty generally arises once the landlord has notice. Housing conditions claims in England follow a Pre-Action Protocol: a letter of claim, the landlord's response, a joint inspection by an expert and a chance to complete repairs or settle before court.

What You Can Recover

Compensation is usually assessed by reference to the extent of the disrepair and the period it affected you, together with damaged belongings, extra costs and, with medical evidence, any illness. A court can also order the landlord to carry out the repairs, which is often what the tenant most wants.

Frequently Asked Questions

Can I claim compensation for damp and mould?

Yes, potentially, if it is caused by disrepair the landlord is responsible for or makes the home unfit for habitation, and the landlord had notice and did not fix it within a reasonable time.

Is condensation my fault or the landlord's?

It depends on the cause. If poor insulation, ventilation or heating defects are responsible, it can be the landlord's; if it arises from how the home is used, less so. An expert survey usually decides.

Can I claim for health problems from mould?

Yes, potentially. Respiratory illness such as asthma or infections can be claimed, but medical evidence linking them to the conditions is needed.

Do I have to tell my landlord first?

Yes. The repairing duty generally arises once the landlord has notice, so report in writing, keep proof and allow a reasonable time for repair before a claim.

Can I withhold rent?

Be careful. Withholding rent can put you at risk of arrears and eviction proceedings, and is not a safe substitute for a proper claim. Take advice first.

How long do I have to bring a disrepair claim?

A claim for breach of the landlord's repairing obligations is a contract-based claim with a six-year limit, but you should not wait, because the problem usually gets worse and you can only recover for the period you have suffered it. If the disrepair injured your health, a personal injury claim has a three-year limit from when you knew the illness was caused by the conditions.

Can I make a housing disrepair claim on a no win no fee basis?

Often, yes. Many solicitors take disrepair claims on a Conditional Fee Agreement, and the landlord can be ordered to pay a large part of your legal costs if you win. Because a claim can also force repairs to be done, ask whether they can seek an order for the work as well as compensation.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Landlord and Tenant Act 1985, s.11 (repairing obligations)

    In short lettings, the landlord must keep in repair the structure and exterior and installations for water, gas, electricity, sanitation, heating and hot water. The duty generally bites once the landlord has notice of the defect.

  5. Landlord and Tenant Act 1985, s.9A (fitness for human habitation)

    Inserted by the Homes (Fitness for Human Habitation) Act 2018: a landlord must ensure a home is fit for human habitation at the start of, and throughout, the tenancy. Tenants can sue directly in the county court.

  6. Pre-Action Protocol for Housing Conditions Claims (England)

    Sets the steps a tenant and landlord should follow before court: a letter of claim, the landlord's response, a joint inspection by an expert and a chance to settle or complete repairs.

  7. Limitation Act 1980, s.5 (actions founded on simple contract)

    Six years for a claim founded on contract, which is the usual limit for a tenant's claim for breach of the landlord's repairing obligations, separate from the three-year limit for any personal injury claim.

  8. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.