How much compensation can I get for damp?
Normally, compensation ranges between 25% to 50% of the rent of the property.
What is Disrepair? Disrepair is when your home or something in your home is in need of repair. To be defined as disrepair there has to have been some deterioration from a former state. There is a difference between repair and improvement.
If you suffer a psychological injury such as stress or anxiety because your landlord acted negligently, you could be able to sue your landlord for emotional distress in the UK. However, the process of claiming and the evidence you may be required to provide could differ depending on where the incident occurred.
Housing disrepair means a rented property that is in need of repair in order for it to be safe and suitable for tenants to live in. If you are a tenant living in rented accommodation, your landlord is required by law to ensure: That the house you live in is in a good state of repair structurally.
Claims for damages for disrepair
The purpose of damages is to place the tenant (financially) in the position that they would have been in if they had not suffered the breach of contract or the breach of duty.
If it was proved that the damp or mould was caused by disrepair within your rental property, and your landlord had failed to respond to your reports of such disrepair, then they may have been negligent in their duty to keep your property in a good state of repair. This could leave them liable to pay you compensation.
You can take court action to get work done or claim compensation if your landlord fails to deal with repairs, poor conditions or safety issues.
A domestic property may be classed as uninhabitable if it is empty and requires, or is undergoing, major repairs to make it habitable. Major repairs can include structural alterations to the property.
Section 11 of the Landlord and Tenant Act 1985 implies an absolute and non-excludable obligation upon landlords to carry out basic repairs. It is implied into all tenancy agreements unless the tenancy: began before 24 October 1961. is a fixed term of seven years or more (with limited exceptions)
If it's just a little bit of condensation, then it's not likely to have much of an effect on the value of your home. However, if the problem is more serious, such as rising or penetrating damp, it can devalue your property by up to 10%. In severe cases, the value of your home could be halved by up to 53%.
Can a landlord charge you for damp?
Your landlord might be responsible for the damp if it means your home isn't safe for you to live in - for example if it's made you or your family ill. Check what repairs your landlord has to make if you rent your home from: a private landlord. a housing association or the council.
Whether mould is considered to be fair wear and tear depends on the cause. If there is evidence to show that the mould has been caused by the negligence of the tenants and advice and regular maintenance has been supplied by the landlord or letting agent, then compensation can be claimed.
The worse a damp situation gets, the more it's likely to cost to repair any damage. Most standard buildings and contents home insurance policies do not cover damage caused by damp and condensation.
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