Damp and mould are significant problems for many tenants in England. In addition to rendering their homes unsightly and uncomfortable, damp and mould can destroy a tenant’s belongings and cause severe health problems. The law places a range of obligations on landlords to ensure the health and safety of their tenants. Accordingly, you may be able to sue your landlord for mould in certain circumstances.

At Bartletts, we regularly represent clients dealing with mould and damp issues in their rented homes. We have a proven track record of negotiating excellent out-of-court settlements for our clients, improving their living conditions and securing the compensation they deserve as quickly and cost-efficiently as possible.

To speak to our housing disrepair experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

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Can You Sue A Landlord For Mould?

You should take reasonable precautions against mould and damp developing in your home. For example, you should ensure adequate ventilation by opening windows regularly and properly heating your home.

If, despite your efforts, your home develops damp and mould, you should inform your landlord of the problem and give them an opportunity to resolve it. If they don’t, you may be able to sue your landlord for mould.

When Can You Sue Your Landlord For Mould?

Landlords have various legal obligations in connection with the properties they rent out. The applicable obligations in the context of mould and damp include the following:

• A Repairing Duty.

Your landlord has a duty to keep the structure and exterior of your home in proper working order and in good repair. Some failures in this regard, such as a leaking roof, may lead to damp and mould in your home, and may give you cause to sue your landlord for mould.

• A Duty To Ensure Your Home Is Fit For Human Inhabitation.

A fundamental landlord obligation is ensuring the property they rent out is fit for human inhabitation. If your home is suffering from damp or mould, it may be deemed unfit for human inhabitation, and you may be able to sue your landlord for mould.

• A Duty To Ensure Your Home Is Not Prejudicial To Your Health.

Your landlord must ensure your home is not prejudicial to your health. Damp and mould growth may, in some cases, be considered prejudicial to the inhabitants’ health, and so give you a reason to sue your landlord for mould.

Can You Sue Your Landlord For Black Mould?

Black mould is a type of fungus that can grow in damp spaces, such as bathrooms. It tends to be powdery and fuzzy when dry, and slimy when wet.

Black mould can cause a range of health issues for those forced to live with it. Common problems include sneezing, skin rashes, and a sore throat, but more serious conditions can sometimes arise. They include respiratory infections, allergies, and an increased risk of asthma attacks.

If you are experiencing problems with black mould in your home that your landlord has failed to fix, you may be able to bring a housing disrepair claim against them.

What Are You Entitled To If You Successfully Sue Your Landlord For Mould?

If you sue your landlord for mould and succeed, the Court will likely order the landlord to remedy the problem and pay you compensation. Your compensation might include amounts to compensate you for the following:

• If the damp and mould caused you physical or mental harm, the Judge might order your landlord to compensate you for your pain, suffering, and loss of amenity.
• If the damp and mould ruined your home furnishings or personal belongings, the Judge may order the landlord to compensate you for those items.
• If the damp and mould caused you to incur additional expenses, such as increased heating and electricity bills, the Judge may include that extra expense in your compensation award.

The level of compensation you will receive depends on various factors, including the severity of the issue and the level of rent you pay.

How Do You Sue Your Landlord For Mould?

You should always try to resolve housing disrepair issues with your landlord before seeking legal recourse. If your landlord refuses to engage with you, they can often be encouraged to take the matter seriously on receipt of a letter from experienced damp and mould solicitors like ours.

Our damp and mould solicitors always seek to avoid litigation if possible. Instead, they employ alternative dispute resolution strategies such as negotiation and mediation to secure the very best results for our clients quickly and cost-effectively.

If your matter proves incapable of resolution other than through Court proceedings, we will support and guide you through the claims process from the outset of your case to its conclusion. We will continue settlement discussions with the landlord’s legal advisors behind the scenes, so even if you issue a damp and mould claim, your case will likely settle before trial.

To speak to our property experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

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