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Damp and Mould in Rented Properties: When Can Tenants Claim Compensation?
Damp and mould can make a rented property uncomfortable to live in and may raise concerns about the health and wellbeing of the people living there. When these problems persist despite repeated reports to a landlord, tenants may want to understand their rights and whether compensation could be available.
A recent County Court case involving a housing association illustrates why recurring mould should not always be treated as a minor maintenance issue.
Can Tenants Claim Compensation for Damp and Mould?
Landlords have legal obligations concerning the condition of their rented properties. Depending on the circumstances, these may include repairing relevant defects and ensuring that the property is fit for human habitation.
Under the Landlord and Tenant Act 1985, the condition of a property can be assessed by reference to matters including repair, freedom from damp and ventilation. A claim may be possible where the evidence establishes that the landlord has breached an applicable legal obligation.
Importantly, a successful claim does not always depend on proving that every instance of mould results from a structural defect. The legal basis of a claim and the evidence about the property’s condition are both important.
Court Awards Tenant Over £8,000 in Damp and Mould Case
In Mr K v Vivid Housing Limited, heard at Basingstoke County Court in October 2026, Phoenix Legal’s housing disrepair team brought a claim on behalf of a tenant concerning persistent damp and mould at his family home.
The problems had been reported over a number of years. Although the housing association had undertaken repeated mould treatments and other remedial works, the problem continued to recur.
The court distinguished between the landlord’s repairing obligations and its separate duty to ensure that the property was fit for human habitation.
The claim succeeded in part under section 11 of the Landlord and Tenant Act 1985 in relation to a bathroom leak and resulting water damage. The court also found that the property had been unfit for human habitation under section 9A during the relevant periods, including because of persistent mould.
The court awarded over £8,000 in total, comprising damages of £7,006.37, interest of £371.80 and a 10% uplift of £706.64. The claimant had made a Part 36 offer of £6,960, which he bettered at trial. Costs were adjourned for later determination if not agreed.
The case demonstrates the importance of considering the full circumstances of a damp and mould problem, including how long it has persisted, the landlord’s response and the effect of the conditions on the tenant.
Read the full case study on the Phoenix Legal websiteWhat Should You Do If Your Landlord Does Not Resolve Damp and Mould?
If you are experiencing persistent damp or mould in a rented property, it may help to:
- Report the problem to your landlord or managing agent in writing.
- Keep copies of reports, replies and records of any inspections or remedial works.
- Take dated photographs showing the condition and whether the problem returns.
- Keep records of any disruption, inconvenience or other effects on your household.
- Seek legal advice if the problem remains unresolved or you believe your landlord has failed to meet their obligations.
Repeated cleaning or mould treatment may not resolve the underlying issue. The appropriate response will depend on the cause of the problem and the property’s condition.
Every case is different, and compensation is not automatic. The available options will depend on the evidence, the landlord’s legal obligations and the circumstances of the tenancy.
More about Housing Disrepair ClaimsGet Advice About Damp, Mould and Housing Disrepair
If you are living in a rented property affected by persistent damp or mould, it is important to understand your options before deciding what to do next.
Our experienced legal team can advise on housing-related claims and assess whether the circumstances may support a legal claim.
Contact us by calling our team on 0151 306 3694, submit your details using the below contact form or email ab@phoenixlegalsolicitors.co.uk to discuss your circumstances.