RENTING a house or flat with damp or mould? You could be entitled to £1,000s in compensation.
Dealing with mould can be a hugely stressful issue, especially if you feel like you are not being taken seriously.
We share what your rights are if you are renting a home with damp or mould[/caption]
Living in a flat with mould can impact your health, but you have rights and could be entitled to compensation[/caption]
Knowing your rights as a tenant can prevent getting messed around by a shoddy landlord who is ignoring your calls and emails.
Whether you rent privately or through the council, every tenant has rights.
You could even claim and win back £1,000’s for your troubles.
When is mould in a property a serious issue?
It is not uncommon for small patches of damp to develop over time.
Especially if you dry your laundry inside as evaporating moisture from the clothes increases humidity and water vapour in the air.
This can lead to condensation on surfaces such as walls and windows, creating a breeding ground for mould.
More often than not this issue can be treated with wiping away the fungus with a special mould spray or white vinegar.
Keeping your house well ventilated by opening windows and using a small dehumidifier can help fight off build up.
But if you are noticing large patches of black mould, have wet walls and ceilings, peeling wallpaper or crumbling plaster it is likely you have a bigger issue on your hands.
Damp cupboards or wardrobes that leave a bad smell on your clothing and cutlery can also be a sign you are dealing with excess moisture in your home.
Time to take action
If you rent your property, your landlord has an obligation to sort these issues as it can seriously impact your health.
For those renting privately, your first point of call is getting in touch with your landlord and sending an image of the issues.
In an email or letter also tell your landlord the following:
- Exactly what the problem is
- Exactly where the problem is
- What you have done already to try to solve the problem
- That you need them to help
If your issues have not been resolved you can then contact the letting agent who rented you the property on behalf of the landlord.
If the issue has not been resolved after this you could contact your local council.
You can find the details for this on your local authority’s websites.
You will find either an email or online form you need to fill out.
The council will then get in touch with you directly to assess the issue and send someone to inspect the problem.
The council will then contact your landlord before an officer can inspect the property and you are legally obliged to allow your landlord access to the property to carry out repairs.
Councils can support with enforcement action, meaning they can put pressure on the landlord to fix the problem within the home.
In some instances, if landlords do not comply with action from the council they can face fines up to £30,000.
Claim back cash
If landlords do not comply with the enforcement order, tenants can also apply for a rent repayment order.
This is an order requiring a landlord who has committed certain offences – such as failing to comply with an improvement notice – to repay rent.
You can apply for a rent repayment order even if your landlord has not been convicted of the offence. Only private tenants and the council can apply for RRO.
To apply, you need to fill in an application form to the First-tier Tribunal (Property Chamber).
You can find the form by visiting : www.gov.uk/government/publications/form-rro1-application-by-tenant-or-local-housing-authority-for-a-rent-repayment-order-housing-and-planning-act-2016.
Here you will need to detail why you are making the application, what offences has the landlord committed and the amount of repayment you are looking for.
You may also need to pay a fee to the First-tier Tribunal, which is around £100, and if there is to be a hearing you will need to pay a further hearing fee of £227.
There could be a hearing either virtually or in person at the Tribunal offices in which you will have to present your case and the landlord will present theirs.
However, the Tribunal may decide not to have a live hearing and make its ruling based on the paperwork from both sides, depending on both parties and the Tribunal agreeing to this.
After the hearing, the First-tier Tribunal will then make their decision and reasoning in around six to eight weeks, which will be sent to both the tenant and the landlord.
What other options are available?
You can also take your landlord to court if they refuse to fix issues with damp and mould in your home.
For example, you could get compensation if you lost money or had stress because of delayed repairs or things not being fixed.
Negotiating with your landlord
Experts at housing charity shelter share how you can negotiation with your landlord to avoid going to court
Negotiation gives you and the landlord a chance to deal with the problem without court action. It does not mean you have to agree to delays or bad conditions.
If you end up taking a claim to court, the judge will want to see that you tried to negotiate.
Write to your landlord and tell them what you’d like them to do and by when.
If your landlord is trying to fix things, you could: give them more time to fix things; ask to write off any rent arrears; ask for compensation.
Reaching an agreement out of court might save you time and money.
You can also ask your council for an environmental health inspection. The environmental health team can assess the property and may be able to order your landlord to fix the problems.
If negotiation is unsuccessful, you may be able to claim compensation for damp and mould in your property if it has: damaged your belongings, caused you health problems, made all or parts of your home unfit to live in, or cost you money – for example because you have to run a dehumidifier all the time.
You usually have at least three years to start a claim, so you can wait until after you move out if you are concerned that you may be evicted whilst in tenancy for reporting the issue.
You may also have a case if they do repairs badly and the problem keeps coming back or you have damage to your belongings when fixing things in your home.
But you need to have evidence to prove they did not fix the problem within a reasonable time and knew about the problem, or that you told them about it.
If you win the case, the court could order you landlord to do repairs and tell them to pay you compensation.
But it is not always guaranteed that you will win the case, and you could also be at risk of a revenge eviction.
A Shelter spokesperson said: “Many of our frontline staff hear from tenants in private rented homes who don’t complain about damp and mould out of fear their landlord will evict them in response.
“Our research shows that private renters who complained to their landlord, letting agent or local council were more than twice as likely to be handed an eviction notice than those who had not complained.”
“Ending Section 21 no-fault evictions through the Renters’ Rights Bill is a great start to improving conditions in the private rented sector, as tenants will be better protected from a retaliatory eviction for complaining about disrepair.”
The Renters’ Rights Act should put a stop to revenge evictions and other ‘no fault’ eviction but these changes are not expected to happen until 2026.
If you are on a low income or claim certain benefits, you can apply for legal aid.
For more information you can visit www.gov.uk/guidance/apply-for-legal-aid.
You can also look for a “no-win no fee” solicitor. It means a solicitor will not charge you if you don’t win your case.
But if you win you will have to pay them a fee from your compensation.
What if I live in social housing?
Social housing landlords must deal with problems within a set timescale.
This does vary from landlord to landlord, but most repairs fall into the following categories:
- Emergency – to be seen within a few hours.
- Urgent – a maximum of three to five days
- Routine – this can be a bit longer and usually varies between landlords
For example, a minor leak would be expected to be seen within three days, while major leak within a few hours.
It’s up to landlords to be clear with residents about these timescales, so they can be held accountable if they aren’t met.
But if you’re a social tenant, and you’re having problems, you should complain to the Housing Ombudsman.
The Housing Ombudsman makes the final decision on disputes between residents and member landlords.
You could get compensation if your landlord fails to carry out repair work within a reasonable time.
How much you’ll get will depend on the severity of the issue, time taken and other circumstances such as how vulnerable the resident is.
And you can get £1000’s of cash back for your troubles.
One young mum told The Sun how she got £3,000 worth of compensation after her home was riddled with black mould.
Another parent got got £5,500 compensation after her house was invaded by slugs slithering up the walls.
What is mould and how to get rid of it?
Mould is more likely to grow during the winter months.
Olivia Young, Product Development Scientist at Astonish revealed exactly why this is.
“Unfortunately, mould is a common problem many people face during winter. It thrives in conditions that are warm and damp, so your bathrooms are likely to be the most affected place.
“That said, during the colder months most rooms in your home could be vulnerable to mould growing.
“This occurs primarily from condensation that builds up on your windows when you’ve got your radiators on.
“If you think about it, when windows and doors are closed, there’s not much chance for the air to circulate and the moisture to make a swift exit.
“This build up is what can cause dreaded mould to make an appearance, especially in bathrooms, as it creates that warm and wet environment that is a breeding ground for mould.
“If left untreated, not only is it unsightly but it can also pose a serious risk to your health, so it’s really important you treat it.
“The key to tackle mould is to act fast.
“Try to come into as little contact with it as you can. So, grab your gloves, tie up your hair and get to work to remove any signs of mould as soon as you notice them.
“To keep mould at bay, there are some simple solutions you can introduce throughout home.
“The first is keep it ventilated. Yes, even in the cold winter months try to leave your bathroom window open for at least 10/15 minutes post shower or bath. This will get rid of any excess moisture quickly preventing mould gathering.
“If you’re having a repeat problem with mould in one particular area, it might be because the humidity levels are too high. You can get a dehumidifier that will help keep the levels low and reduce the risk of mould returning.
“The golden rule to remember when dealing with mould is the quicker you can treat it, the better. If you leave it, it will only get worse so never ignore it!
“To successfully get rid of mould every time, I recommend opting for the UK’s No 1 Mould & Mildew Remover, that effectively removes mould and mildew stains almost instantly, with no scrubbing necessary.”
