Find out if you can claim for health issues caused by damp and mould in council housing and understand your legal rights.
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Mould And Damp Claims In Council Housing
Damp and mould in council properties can cause serious health problems, such as asthma, allergic reactions and skin irritation. If the council has failed to keep your house in good repair and protect your health and safety, you may be able to claim compensation for your pain, suffering and financial losses.
With the introduction of Awaab’s Law in England in 2025, councils are now under greater pressure to act quickly when hazards such as mould and damp are reported. This may, in some cases, make it easier to hold them liable for compensation when they fail to respond appropriately.
A specialist solicitor can explain your legal rights and help you start a claim for mould and damp injuries in council housing. Call 0800 470 0472 today for a free initial consultation or use our online claim form to request a call back.
Table of Contents
Can I claim compensation for mould and damp in council housing?
Yes, you may be able to make a claim against the council if your home has fallen into disrepair or you have suffered health problems due to damp or mould caused by the council’s negligence. To succeed, you must show that:
- The council was responsible for maintaining the property.
- They knew or should have known about the damp and mould issues.
- They failed to carry out repairs within a reasonable timeframe.
- This failure caused or contributed to damage to your property and/or health issues.
You could make a claim for council housing disrepair for damage to your personal belongings, as well as a personal injury claim for any physical or mental harm caused by the unsafe living conditions.
When does damp and mould exposure become a personal injury?
A mould and damp issue can become a personal injury when it causes or worsens physical or mental health issues, such as respiratory conditions, skin rashes, allergies, distress, or anxiety.
If the council fails to recognise and address the health risks of a home with damp and mould, and this results in a diagnosable injury, you may be able to make a landlord negligence claim for your pain and suffering.
Medical evidence is required to link your symptoms directly to the damp and mould in your home.
Can I claim for both housing disrepair and personal injury?
Yes, it is often possible to pursue both claims at the same time:
- A personal injury claim for the health impacts of damp and mould exposure.
- A housing disrepair claim to address the poor living conditions and the damage to your home and belongings.
You may wish to pursue both claims to address the different types of loss caused by prolonged exposure to mould or damp and increase the overall compensation you may receive.
Who is liable for damp and mould in council housing?
The council is generally responsible for maintaining council-owned properties in a safe condition for tenants. Social landlords such as councils and housing associations must comply with a number of regulations in relation to damp and mould, including:
- The Landlord and Tenant Act 1985
- The Housing Act 2004
- The Homes (Fitness for Human Habitation) Act 2018
Properties must be assessed using the Housing Health and Safety Rating System (HHSRS) and kept free of category 1 hazards, such as mould and all forms of dampness. Furthermore, council landlords and housing associations must:
- Take all reasonable measures to minimise damp and mould in the home.
- Regularly inspect the condition of the premises for the presence of damp and mould.
- Repair structural issues that cause damp.
- Maintain proper heating, ventilation and drainage.
- Respond to reports and carry out repairs within a reasonable timeframe.
What is Awaab’s Law and why was it introduced?
Awaab’s Law is a legal requirement in England that requires social landlords to investigate and address mould, damp and certain emergency hazards within strict timeframes.
It came into force in October 2025, following the tragic death of 2-year-old Awaab Ishak. He passed away in 2020 due to a severe respiratory condition caused by prolonged exposure to mould in his home.
The social landlord failed to address the issue, despite his parents having repeatedly complained about it in the three years before the child’s death.
What are the council’s duties under Awaab’s Law?
Under Awaab’s Law, councils are expected to:
- Address any emergency hazards within 24 hours of becoming aware of them, where this is reasonably practicable.
- Investigate potentially significant damp and mould hazards within 10 working days of becoming aware of them.
- Provide a written summary of the investigation to the tenant within 3 working days of the investigation.
- Carry out necessary repairs within 5 working days of the investigation concluding.
- If further work is needed to prevent hazards from returning, this must be started within 5 working days and completed as soon as reasonably practicable.
- Provide suitable alternative accommodation if repairs can’t be completed in time and the home cannot be made safe.
If a social housing provider fails to address damp and mould within the specified timeframes, they may be liable for any resulting harm, depending on the circumstances of the case.
Common causes of damp and mould in council homes
Dampness and mould growth in council housing are often caused by poor ventilation, condensation, inadequate heating, or structural issues. The most common causes include:
- Poor insulation, ventilation or air flow.
- Water entering from outside due to leaking roofs, pipes or gutters.
- Disrepair of windows or door frames.
- Damaged walls or damp proof courses (DPC) of the building.
- Faulty heating systems that fail to keep the surfaces warm.
If your landlord fails to deal with damp and mould in your home and this leads to property damage or health issues, you may be able to make a claim for compensation.
What are the health risks of damp and mould exposure?
Exposure to damp and mould can cause serious health issues, primarily affecting the respiratory system, eyes and skin. The most common conditions that may lead to a claim for negligent council housing include:
- Respiratory issues – chronic coughing, shortness of breath, wheezing, chest tightness or asthma.
- Allergic reactions – sneezing, runny or stuffy nose, itchy red eyes, watery eyes or sinus problems.
- Skin conditions – rashes, dermatitis, or exacerbated eczema, causing red, itchy, dry, cracked or blistering skin.
- Infections – lung infections, such as bronchitis or pneumonia, as well as sinusitis, especially in people with weakened immune systems.
In some cases, prolonged exposure can lead to severe health issues, and it may even be fatal, as in the case of Awaab Ishak. For further information, you can also see the NHS guidance on mould and health.
What is the time limit to claim for damp and mould in social housing?
The Limitation Act 1980 imposes the following time limits to claim compensation for damp and mould in a property managed by the council:
- Personal injury claims – there is a general 3-year limitation period from the date you became aware of the harm suffered from damp or mould.
- Housing disrepair claims – you have six years to claim compensation for housing disrepair, starting from when the council failed to act after receiving notice.
- Child injury claims – the 3-year time limit only begins on a child’s 18th birthday.
- Mental capacity – there is no limitation period as long as the claimant lacks the mental capacity to handle a claim.
It is important to seek legal advice as early as possible to preserve evidence and strengthen your case.
How to start a claim related to damp and mould against the council
To start a claim against your council for damp and mould, report the issue to the council, gather supporting evidence, and escalate the issue to the Housing Ombudsman if needed.
The steps to take are:
- Gather supporting evidence, including photos of the damp and mould, structural issues, and the damage to your belongings, as well as medical records detailing your injuries.
- Report the issue to the council to start the repairs process and create a paper trail that you can use to support your claim.
- If the council fails to act, follow their formal complaints procedure before escalating the issue to the Housing Ombudsman.
- Seek legal advice from a specialist personal injury solicitor to find out if you are eligible to claim compensation for your pain, suffering and financial damages.
- Your solicitor will submit a letter of claim outlining your allegations of negligence, the harm you suffered and the compensation you seek.
- Negotiate a settlement with the council’s insurer or issue court proceedings if liability is denied or you can’t agree on a compensation award.
What evidence do I need to prove negligence?
To prove negligence in a mould and damp claim against the council, you must prove they were or should have been aware of the issue and failed to act within a reasonable timeframe. You also need evidence linking the housing conditions to your injury and all the losses you incurred as a result.
Strong supporting evidence may include:
- Copies of emails, letters or formal complaints sent to the council reporting the issue.
- Clear, dated photos or videos showing the extent of the mould, damp patches and the damage to your belongings.
- Official reports from damp surveyors, environmental health officers or the Housing Ombudsman, if available.
- Inspection, maintenance and repair records from the council.
- Medical records confirming the health issues caused or worsened by the mould or damp.
- Statements from neighbours or visitors who have witnessed the mould, smell or unsafe conditions firsthand.
- Proof of financial losses, such as receipts for replaced items, increased energy bills or prescriptions.
This evidence helps establish negligence, liability, and the extent of your losses.
How to request inspection and repair records from the council
Inspection and repair records are essential when claiming compensation for council house accidents or illnesses caused by unsafe living conditions. You can obtain these by submitting a Freedom of Information (FOI) request under the Freedom of Information Act 2000.
This is done in writing and should include your name and contact details. You may request:
- Damp and mould inspection records
- Copies of official environmental health inspections
- Maintenance schedules for the property
- Copies of all complaints made by you or previous tenants
- Escalation and formal complaint responses
- Health and safety risk assessments
- Records related to repairs or repair delays
These records can help prove whether the council had or should have had prior knowledge of the issue and whether they failed to take reasonable steps to prevent or address mould and damp in your home.
How much compensation could I receive for damp and mould injuries?
The compensation you could receive for living with damp and mould will depend on the type and severity of your illness, the impact on daily life and the related financial impact. A personal injury claim will cover two types of damages:
- General damages – for pain, suffering and loss of amenity, including psychological injuries such as distress and inconvenience.
- Special damages – for related financial losses and expenses, including medical expenses and loss of earnings during recovery.
Each case is assessed individually in accordance with the 18th Edition of the Judicial College Guidelines, depending on the type and severity of the harm suffered. Typical compensation ranges for general damages include:
| Injury Type | Description | Compensation |
|---|---|---|
| Asthma | Chronic asthma causing breathing difficulty and inhaler use | £35,000 - £57,000 |
| Permanent mild asthma-like symptoms | £14,000 - £25,000 | |
| Dermatitis And Other Skin Conditions | Dermatitis affecting one or both hands for a significant period, improving with treatment and/or protective gloves | £11,000 - £15,000 |
| Short-term dermatitis causing itching, irritation or rashes on one or both hands, with recovery within a few months | £2,300 - £5,200 | |
| Lung Disease | Breathing difficulties requiring an inhaler and significantly affecting work and social life | £41,000 - £72,000 |
| Temporary worsening of bronchitis or other chest problems resolving within a few months | £2,900 - £7,000 |
No win no fee mould and damp claims against the council
If you have a valid claim for mould or damp in your home, your case will be handled under a conditional fee agreement. This means that:
- You do not pay anything up front.
- You pay no legal fees if your claim is unsuccessful.
- You only pay your solicitor if your claim is successful.
If you win, a success fee capped at 25% will be deducted from your compensation. This allows you to pursue a claim with no financial risk.
Call 0800 470 0472 today or request a call back to find out if you can claim compensation for mould and damp injuries in council housing, with no obligation to proceed.
