Damp and mould compensation and repairs in court

You could take your council or housing association to court if they do not deal with damp and mould properly.

You usually have to show that they either:

• ignored you when you asked for repairs

• did repairs badly and the problem keeps coming back

• damaged your belongings when they fixed things in your home

What you can claim for

The court could tell your landlord to:

• fix the cause of damp and mould in your home

• pay you compensation

You could get compensation for things like:

• clothes and furniture you had to replace because damp and mould damaged them

• health problems that happened or were made worse because of damp and mould

• stress or inconvenience, for example, not being able to use some rooms in your home

Before you go to court

Try to sort the problem out with the landlord first.

Make a complaint

If you cannot work things out informally, you can:

• make a formal complaint

• take your complaint to the Housing Ombudsman if the problem continues

Starting court action

The court will only look at your case if you take the right steps first.

These steps are called a 'pre action protocol'.

You have to send your landlord a letter.

The letter should tell your landlord:

• details of the problem and why it's not sorted out

• how the problem affects you and anyone living with you

• details of any letters, emails or text messages you sent to the landlord

• information about experts you want to use to give evidence, for example a damp and mould surveyor

You need to give your landlord 3 weeks to reply to your letter unless:

• the problem in your home is very urgent

• an elderly person, someone who is disabled or a small child is at risk

Find out more about the risks of damp and mould.

If you have a solicitor, they should send a letter on your behalf.

What you need to show the court

You have to show the court that your landlord:

• knew about damp and mould in your home

• did not fix the problem for a long time

The court needs evidence of:

• the things your landlord did wrong

• the way you were affected by how your landlord dealt with the problem

For example, if you want compensation, the court needs to see evidence that you lost money, suffered stress or suffered ill health because of what your landlord did.

Time limits for going to court

You have up to:

• 6 years for most claims

• 3 years for a personal injury claim

The time starts from when repairs should have been done.

Getting legal help to go to court

Court action is stressful and can cost a lot of money if you lose.

Check if you can get help with your claim.

A solicitor or legal caseworker can help you check:

• how likely you are to win your case

• if your landlord could try and counterclaim against you

Free legal help

You could get free legal help if:

• you claim benefits or have a low income

• the conditions in your home are very bad and affect your health or safety

You cannot get this help if you only want compensation or you earn too much.

'No win no fee'

'No win no fee' is also called a conditional fee arrangement.

It means you only pay your solicitor if you win your case.

But you might have to pay your landlord's court costs if:

• you lose

• you or your solicitor stop the case

This could be very expensive.

Ask your solicitor to tell you by letter or email:

• what happens if you lose your claim

• how much you have to pay them if you win

• what happens if you or your solicitor decide to stop the case

• if they can help you get an order to get the repairs done as well as compensation

The Law Society has more information on:

• how to find a solicitor

• paying for a solicitor, including the types of claim and what you could be charged for