Damp, Mould, Leaks? No Win No Fee Housing Disrepair Claims

Damp, mould, and leaks are common problems in rented properties, and they can have a significant impact on your health and well-being. If your landlord has failed to address these issues, you may be entitled to compensation through a no win no fee housing disrepair claim. At National Claims, we understand how stressful it can be to deal with housing disrepair. That’s why we offer a no win no fee service, so you can claim compensation without any financial risk.  

You can make a no win no fee damp and mould claim if your landlord knew about the problem and failed to repair it within a reasonable time. Compensation typically combines a refund of part of the rent you paid while your home was unfit, the cost of belongings ruined by mould, and a separate amount for any health condition the damp caused or worsened. There is nothing to pay upfront, and claims can usually be brought up to six years from when the disrepair began.

What is a Housing Disrepair Claim?

A housing disrepair claim is a legal claim made against a landlord who has failed to maintain their property to a habitable standard. This can include problems such as damp, mould, leaks, and other issues that affect your health and safety. Under the Landlord and Tenant Act 1985, landlords have a legal obligation to keep their properties in a good state of repair. This includes repairing any damage to the structure and exterior of the property, as well as ensuring that the water, gas, and electricity supplies are in working order. If your landlord fails to meet these obligations, you may be able to make a housing disrepair claim.

Most tenants assume a damp and mould claim is won with photographs. Photographs matter, but they are rarely what decides the case. What decides it is proving your landlord knew and failed to act — and, critically, how long they knew for. A landlord who fixed a leak three weeks after you reported it has a defensible position. One who left it eight months does not, and the compensation reflects that gap directly. This is why the single most valuable thing you can do is keep the reporting trail: every email, every text, every repair reference number, every call logged with a date. Furthermore, note what you were told each time, particularly if you were advised to open a window or use the heating more. Those responses are evidence too, because they show the landlord treated a structural defect as your behaviour. In short, the mould proves the damage. The paper trail proves the liability — and that is where the value of your claim is really decided.

What Can You Claim for?

If you have suffered from damp, mould, or leaks in your rented property, you may be able to claim compensation for a variety of issues, including:

• Damage to your personal belongings: Damp and mould can damage furniture, clothing, and other personal belongings.  
• Health problems: Damp and mould can cause respiratory problems, allergies, and other health issues.  
• Inconvenience: Living with damp, mould, and leaks can be extremely inconvenient and disruptive to your daily life.
• Financial loss: You may be able to claim for any financial losses you have incurred as a result of the disrepair, such as the cost of replacing damaged belongings or the cost of alternative accommodation.  

How Does a No Win No Fee Agreement Work?

A no win no fee agreement, also known as a conditional fee agreement, means that you will not have to pay any legal fees if your claim is unsuccessful. If your claim is successful, your solicitor will typically take a percentage of your compensation as their fee. This percentage is usually capped at 25% of the total compensation awarded. No win no fee agreements make it easier for people to access legal representation, regardless of their financial situation. They remove the financial risk of pursuing a claim, allowing you to focus on getting the compensation you deserve.  

How to Make a Housing Disrepair Claim

If you believe you have a valid housing disrepair claim, the first step is to gather evidence of the disrepair. This may include photos, videos, and any correspondence with your landlord about the issue. You should also keep a record of any expenses you have incurred as a result of the disrepair. Once you have gathered your evidence, you can contact National Claims to discuss your case. We will connect you with experienced housing disrepair solicitors who will be able to assess your case and advise you on the best course of action.

Housing disrepair compensation works differently to most claims, and understanding why helps you see what your case is actually worth. You pay rent for a whole home. If damp and mould made a bedroom unusable, or ruined the only bathroom, or forced a child to sleep in the living room, then you paid full price for something you only partly received. On top of that sit your damaged belongings: the mattresses, clothes, carpets and furniture that mould destroys and that most tenants quietly replace out of their own pocket without ever thinking to claim for them. Importantly, if the damp triggered or worsened a health condition — asthma, a chest infection, a child’s persistent cough — that forms a separate personal injury element on top. Many tenants significantly undervalue their own claim, simply because they only count the mould and forget everything it cost them.

What to Expect During the Claims Process

The claims process can vary depending on the complexity of your case. However, in general, the following steps will usually be involved:

• Initial consultation: You will have an initial consultation with a solicitor to discuss your case and gather information about the disrepair.
• Letter of claim: Your solicitor will send a letter of claim to your landlord, outlining the disrepair and the compensation you are seeking.  
• Negotiation: Your solicitor will attempt to negotiate a settlement with your landlord.
• Court proceedings: If a settlement cannot be reached, your solicitor may need to issue court proceedings.

Frequently Asked Questions:

Q1: What does no win, no fee actually mean for a damp and mould claim?
A: It means there is nothing to pay upfront and nothing to pay if your claim doesn’t succeed. If you win, a success fee is deducted from your compensation rather than billed to you separately. You will never be asked to fund the claim out of your own pocket while it runs.

Q2: Can I still claim if I’ve already moved out of the property?
A: Yes. Moving out doesn’t end your right to compensation for the period you lived with the disrepair. In fact, many tenants only claim after they’ve left — though claims are stronger when the evidence was gathered while the problem was still there.

Q3: Can I claim for furniture, clothes and belongings ruined by mould?
A: Yes, and this is the part tenants most often forget. Mattresses, carpets, clothing, curtains and furniture destroyed by damp all form part of your claim. Keep receipts where you have them, and photograph the damaged items before you throw anything away.

Q4: I’m behind on my rent. Can I still make a claim?
A: Yes. Rent arrears don’t disqualify you from claiming for disrepair, and a landlord cannot use arrears as a reason to ignore repairs they’re legally obliged to carry out. Tell National Claims about the arrears at the outset so it can be factored into how your case is handled.

Q5: Do I need a survey, and who pays for it?
A: An independent expert will usually inspect the property to document the disrepair and its cause — this is often the single most important piece of evidence in the case. You don’t arrange or fund it yourself. It’s organised as part of your claim.

Q6: The damp is caused by a leak from the flat above. Who is responsible?
A: Usually still your landlord, particularly where they also own or manage the building. Responsibility for tracing and fixing the source sits with them, not with you, and it isn’t your job to negotiate with your neighbour. Report it in writing and keep the response.

Q7: Can I claim on behalf of my children?
A: Yes. Where damp and mould have affected a child’s health, a claim can be brought on their behalf by a parent or guardian. Children’s respiratory conditions are taken seriously in these cases, so keep GP records, inhaler prescriptions and any hospital correspondence.

Making a Housing Disrepair Claim with National Claims

At National Claims, we recognise the profound impact that living in a state of disrepair can have on your physical and mental well-being. Whether you’ve been affected by persistent dampness and mould, endured the discomfort of a faulty heating system, or suffered due to structural deficiencies in your home, we believe you shouldn’t have to suffer in silence.

We recognise that every housing disrepair case is unique, and we’re here to offer you a free, no-obligation consultation to discuss your specific situation. During this consultation, we’ll listen attentively to your experience, carefully review any evidence you have, and assess the potential strength of your claim. Our team will then connect you with a solicitor from our panel who specialises in housing disrepair claims.

*Customers pay up to 25% (incl. VAT) of the amount recovered towards solicitor costs and if you cancel outside your cooling off period, you may be charged a fee.

Contact us today to speak to one of our claims agents who will be able to help you get started on your claim.

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