Claiming For Penetrating Damp Guide – Housing Disrepair Claim
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How To Claim Compensation For Penetrating Damp

Posted on: Wed Dec 22 | 5:09 AM by: housing

Have you suffered ill-health due to mould and penetrating dampness in your home? If your personal property has been destroyed in the process or you suffered financial loss due to housing disrepair, you could claim compensation from landlord for mould and dampness.

Claim Compensation

Is your rental home filled with mould? What are your rights? All these and other questions will be clarified in this short guide on how to claim compensation for penetrating damp and mould. Mould when left untreated can cause your rental property to fall into a state of disrepair, as it gives rise to penetrating damp that can pose a risk to your well-being and those living with you. 

What Is Penetrating Damp?

Damp has to do with moisture caused by leaking water from the exterior or interior of your rented property. Damp can result in mold if there is condensation in areas that should be dry such as faulty heating systems inside the house with poor ventilation etc.

On the other hand, penetrating dampness often comes from the walls outside the rental property. It can appear as a black patch on ceilings or walls, and can damage your personal belongings if not fixed, as well as lead to ill health for occupants.

The Common Causes Of Penetrating Damp.

If you’re looking to make a housing disrepair claim for penetrating damp you need to first find out the root cause of the problem before you begin. There are several ways that penetrating damp can occur in a property. Water can find its way into the property causing dampness and eventually resulting in mould. Other factors that can contribute to damp caused by condensation may include a Tenants improper Lifestyle or lack Of Ventilation in the property.

Sometimes you may not notice any condensation if the damp is hidden behind a cabinet. This will cause the damp to spread to other parts of the house leading to mould growth and damaging your personal belongings. Common causes of penetrating damp outside your rental property may include:

  • Faulty Plumbing.
  • Cracking Walls.
  • Flat Roofs.
  • Broken Windows.
  • Broken roof tiles.
  • Damaged Roofing.
  • Improper Drainages.

What Are The Health Complications Caused By Penetrating Damp And Mould?

Penetrating Damp and mould in your rental property can affect you and those living with you. If you have young children, they are at higher risk of developing health conditions from mould.  People with existing respiratory problems such as allergies and asthma should not be made to live in such an environment as they are more vulnerable to damp and mould complications.

Penetrating dampness can lead to mould which spreads rapidly and can cause many health complications such as:

  • Mild Fever In Children.
  • Irritations.
  • Cracked Skin.
  • Skin Rash.
  • Weakens Immune System.
  • Respiratory Problems.
  • Asthma Attack.
  • Allergic Reactions.

How Do I Get Rid Of Penetrating Damp?

Controlling condensation can help to prevent mould. However, if there is already a mould growth in your home you must find a way to get rid of it. Getting rid of damp can be difficult if you don’t fix the root cause of the problem from the external structure. It is not something you can fix by yourself, you’ll need the help of a professional or tradesman. They will identify the cause of penetrating damp and fix it, and allow the interior to dry out to prevent further spread.

The landlord may need to replace or renovate the affected areas in the property If the damp is severe to prevent mould growth in the future. Other times a survey may be needed and a more preventive approach would be taken to solve the problem.

Your Landlord’s Responsibility For Penetrating Damp.

Is black mould on walls the landlord’s responsibility? Your landlord has a legal obligation to maintain the structure of the property and you should inform him as soon as you notice a damp problem. For instance, if you notice a crack in the wall or roof tile it can amount as a disrepair issue and your landlord is obligated by law to fix it. 

Whether you live in a private property or social housing, you may be able to claim compensation if damp has caused you damage. However, you must prove that the penetrating damp resulted from disrepair in your rental property and your housing association or landlord has refused to respond to the situation. If you’re facing a similar situation, then your  landlord is liable for disrepair for neglecting his duties and can pay you compensation for any damages.

Tenants Rights For Damp And Mould

What Are Tenants rights for damp and mould?. Damp rented property tenants rights often relating to mould means you are entitled to live in an environment free from any health hazards. All tenants have a right to live in a safe, well-kept property. Living with damp in rented property can be frustrating, penetrating damp can lead to health related problems for occupants if not addressed. If you’re currently dealing with mould in a rented property, but your landlord hasn’t done anything to fix it you may be able to claim compensation.

According to the Housing Health and Safety Rating System there is a risk assessment approach that every housing association or landlord must follow. Your landlord will be responsible for carrying out a survey to determine the cause of penetrating damp and also carry out the major repair work such as mould and damp. 

Penetrating damp which results in mould growth should never be left to affect the well-being of occupants. It is therefore an essential repair that the landlord should attend to promptly. The council must also be notified about any environmental health problems so that they can force the landlord to fix the disrepair problem.

MAKE A CLAIM

Can I Sue Landlord For Mould UK?

Yes, you can sue a landlord for mold UK if a rising or penetrating damp has led to severe mould growth in your home and caused damages and health issues. If you believe that the cause of penetrating damp in your home is due to disrepair, ensure you inform the landlord verbally and in writing and you must also give him enough time to respond to repairs. You should take photos of damages caused by mould as evidence to sue your landlord if he fails to remedy the situation.

Can I End My Tenancy Early Due To Mould Or Withhold Rent?

Some tenants may consider ending their tenancy or withholding rent due to mould problems in their rental property. However, this is not the best approach to resolving disrepair issues in your home. If you fail to pay your rent, you may breach your tenancy contract and risk being evicted by your landlord.

On the other hand, you don’t have enough grounds to withhold rent because your landlord failed to fix minor damages in your rental apartment. The process of withholding rent can be risky if not done properly. But you may be allowed to withhold rent when it comes to severe damp and mould issues. However, you must follow the proper procedure to ensure you are not evicted. Talk to our expert housing solicitors for legal advice about dealing with disrepair issues and withholding rent.

Types Of Compensation Damages You May Be Able To Claim.

As a renter, your landlord is responsible for most repairs in your home including fixing penetrating damp and mold issues. If a landlord fails to do this and it becomes a threat to your safety and well-being, then you may be forced to take legal action against your landlord for disrepair.

The court will order your landlord to not just complete repairs but compensate you for damages. He will also be made liable to pay your legal fees. Your compensation is calculated based on your rent as a tenant. You’ll receive a certain percentage of your rent payment back depending on how long you suffered  disrepair. The amount you finally get paid will be dependent on the seriousness of the disrepair. You may also be compensated for the following:

  • Compensation For Personal Injury.
  • Compensation For Distress And Inconveniences.
  • Compensation For Damage To Personal Property.
  • Compensation For Loss Of Earnings.
  • Compensation For Extra Care.
  • Compensation For Abatement.
  • Compensation For Other Lost Items.

What Evidence Do You Need?

You may ask, ‘If my rented flat has mould, what proof do I need to provide?’ The compensation for mould and damp you may receive can be higher or lower depending on how well you can prove your claim.

First, you must show that your landlord had been notified verbally and in writing. Keep copies of letters, emails, messages and all correspondence between you and your landlord should be provided. 

You can’t claim housing disrepair compensation if your landlord was not aware of the disrepair problems. When you have informed your landlord severally without any positive response and your well-being is at risk, then your landlord may be liable for housing disrepair claims.

Secondly, you need to establish that penetrating damp in your home directly caused your illness. To make a personal injury claim you must provide medical reports or records from the hospital. You will also need an additional report from an expert witness after conducting another medical examination. 

At this point, you’ll need experienced housing disrepair solicitors to guide you. Our legal team are here to handle all disrepair claims by tenants, especially those relating to penetrating damp and mold. They can help you collect all the proof you may need for your case.

How Much Compensation Can I Get For Penetrating Damp?

The amount of compensation you are awarded will also depend on the sufficient evidence you are able to show. You may receive 25 to 50% of your rent as compensation from landlord for mould. However, for severe cases of penetrating damp where the property has no heating system or hot water, a tenant can receive up to 100% in compensation for mould and damp. 

It is hard to give an exact calculation without discussing your case. Once we have all the details of your case, we will work to ensure you receive the maximum compensation you deserve. If you believe you might have a claim against your landlord for penetrating damp, get in touch with us as we could represent you on a no win no fee.

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No Win No Fee Landlord Negligence Claim For Penetrating Damp.

Taking legal action against your landlord can be expensive especially if it ends up in court. But making a no win no fee penetrating damp claim can help. We may be able to handle your disrepair claim on a conditional fee agreement where you don’t have to pay any legal fees upfront to start your claim. This means that if you win the case, your landlord will be responsible for paying the legal costs.

Discover how to claim compensation from your landlord for penetrating damp in your rental property. Our solicitors can help you pursue a claim under a no win no fee basis.  Discuss your disrepair claims with our specialist housing disrepair solicitors today.

How Can We Help With Your Penetrating Damp Claim?

If you claim with us, we can assist you with your personal injury claims resulting from mould in your home. We can provide you with advice regarding all housing disrepair matters and also find you a no win no fee housing disrepair specialist solicitor to help you pursue your claim. Personal injury claims have a time limit just like other claims it has to be made within three years from when the incident happened. We advise you to  begin your claim early by calling our housing disrepair helpline today.

Start Your Claim With Us

We know that disrepair claims can be time consuming but we are here to support you through the process. We will so most of the hard work for but will inform you about the progress of your case from time to time. Rising damp in rented property can also lead to disrepair claims, reach out to us with the housing disrepair helpline to claim for mould in council house or damp in the workplace uk.

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