Mold and Damp Refuse to Pay - Housing Disrepair Claim

Can I Refuse To Pay If There is MOLD?

Posted on: Tue May 24 | 5:49 AM by: housing

Mold and Damp can be a scourge on a rental property and will most times find its way back into a property.

Mold and Damp are usually caused by excess moisture resulting from either faulty plumbing (leaking pipes), rising damp, leaks into the home, etc.

Sometimes, some actions of the tenant can make the issue worse but most times it is the fault of the landlord if there is mold and dampness in the property.

Sue My Landlord for Mold

Types of Mould And Damp

Rising Damp:

This is not so common but quite difficult to handle and more associated with older buildings. It is usually caused by movement of moisture through the brickwork and walls of the house by way of capillary action. This is usually because the layer of waterproof material called a ‘damp proof’ has been damaged.


This is quite easy to address and also very common. However, it may need continuous action to keep it under control. Condensation can be caused by the landlord and also by the tenant.

Condensation occurs when moisture in the air on contact with cold surfaces become water droplets and cause growth of mold.

It can be the landlord’s fault if the building is poorly insulated, poorly ventilated or has a faulty heating system.

On the other hand, some activities of the tenant can lead to condensation.

These include;

  • Drying clothes indoors
  • Showering and not opening the window
  • Cooking with the lid open and without opening the window
  • Not heating the property sufficiently


Penetrating damp:

Penetrating damp happens when water is penetrating the structure of the home as a result of faulty plumbing, broken roof tiles or blocked guttering. It is usually a structural problem as the water comes in from outside the property.

Does Mold Make A House Uninhabitable?

Yes, mold can make a house uninhabitable and is one of what constitutes uninhabitable living conditions or unfit living conditions in a home.

Mold and damp has been associated with unsafe housing conditions as not only does it pose health risks to the patient, it also affects the tenant’s general wellbeing.

Mold can cause- difficulty in breathing, irritation, skin rashes, allergic reactions, asthma attacks, etc.

Landlords should therefore ensure they deal with this issue quickly as tenants can claim compensation for damp and mould.

It is also important that prospective tenants do not continue negotiations if the landlord’s houses to rent are in mold.

Can You Withhold Rent For Mold?

As a tenant, you do not have the right to withhold rent for mold as you could be evicted and the house repossessed by the landlord. Instead, you can make repairs yourself and claim the cost of repairs later. It is a very risky action to withhold rent.

However, before you carry out any repairs, you may need legal counsel from your housing disrepair solicitors to determine how to go about it.

How To Report Landlord Neglect And Sue Landlord For Mold In The UK

When you have issues of damp and mold, first you have to complain to the landlord. You can write an official letter to the landlord and he has about 2 weeks to respond to your complaints.

Thereafter, he has to schedule a day to make an inspection and carry out the repairs.

If several attempts to get your landlord to fix the problem proved abortive, then you can report to your local council who will mandate your landlord to make the repairs.

If these attempts fail, then it’s time to talk to your housing disrepair solicitors and claim for a housing disrepair compensation.

Our no win no fee housing disrepair solicitors are ever ready to assist you with your claims just as we have been doing for other clients at no cost at all until the end of a successful claim where we will take a service charge which will be agreed upon before commencing the claims process.

You can call our emergency housing disrepair helpline to speak with one of our experts for more information or to schedule a meeting to discuss your claims.

For FREE housing advice, call

Call Us 0800 999 7440


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