Damp, Mould, and a Difficult Defendant: How We Secured £10,000 for Tenants After Three Years of Determined Litigation
Damp and mould are among the most common — and most damaging — forms of housing disrepair affecting council and housing association tenants across the UK. They are also among the most contested. In this case, our clients faced not only the health risks and misery of living in a severely affected property, but a landlord who fought the claim at every turn. Three years later, our clients walked away with £10,000. Here is how we got there.
Case at a Glance
Damp and mould housing disrepair claim resolved for tenants after contested litigation
£10,000
- Primary Issues
Extensive damp and mould throughout the property - Duration
Approximately 3 years - Client
Housing association or council tenants
The Problem: Living with Extensive Damp and Mould
Few forms of disrepair affect daily life quite as pervasively as damp and mould. It creeps across walls and ceilings, damages furniture and belongings, fills the air with a musty, unhealthy smell, and — most seriously — poses real risks to the respiratory health of everyone living in the property. For vulnerable occupants, including children and those with underlying health conditions, the consequences can be severe.
Our clients had been living with extensive damp and mould for a significant period before coming to us. They had reported the problem to their landlord, as they were entitled to do, and had received little by way of meaningful action. The disrepair was not a minor patch of condensation in a bathroom corner — it was extensive, affecting multiple areas of the property, and it was making their home an unpleasant and unhealthy place to live.
The Complications: A Case That Was Never Going to Be Simple
From the outset, it was clear that this was not going to be a straightforward claim. Several factors combined to make it one of the more complex matters we have handled.
A Robust Defendant
Some landlords, when faced with a well-evidenced housing disrepair claim, will engage constructively, acknowledge their obligations, and seek to resolve matters efficiently. This defendant did not. They contested the claim robustly at every stage, disputing liability and the extent of the disrepair, and showing little appetite for early resolution. This approach, while frustrating for our clients, is not uncommon — and it is precisely why having experienced, tenacious solicitors in your corner makes such a difference.
A Non-CPR Part 35 Compliant Expert Report
One of the more significant legal issues in this case concerned the defendant’s expert report. In court litigation, expert evidence is governed by CPR Part 35 — the Civil Procedure Rules that set out the strict requirements an expert’s report must meet to be admissible and reliable. Among other things, a CPR Part 35 compliant report must contain a declaration that the expert understands their overriding duty to the court, and must be independent and objective.
The defendant’s expert report failed to meet these requirements. This was not a minor technicality. A non-compliant expert report carries significantly less weight — and in some circumstances, none at all. We identified this deficiency and used it effectively in our clients’ favour, undermining one of the defendant’s key pieces of evidence and strengthening our clients’ position considerably.
Overcrowding in the Property
A further complication arose from the issue of overcrowding. Defendants in damp and mould cases will frequently argue that the disrepair is not their fault at all — that the damp and mould is caused by the lifestyle of the occupants, particularly where a property is overcrowded and there are higher levels of moisture in the air from cooking, bathing, and breathing. This is a well-worn argument, and one we are well-practised at addressing.
Overcrowding, where it exists, is often itself a consequence of systemic failures in social housing — families placed in properties too small for their needs, with no adequate alternative available to them. It is not a defence that automatically absolves a landlord of responsibility for disrepair, and we worked hard to ensure that the complexities of this issue did not derail our clients’ claim.
Issuing Court Proceedings: Taking the Fight to the Defendant
Given the defendant’s unwillingness to engage constructively, it became necessary to issue and serve formal court proceedings. This is a step that some tenants find daunting — the prospect of litigation can feel intimidating — but it is often an essential one when dealing with a landlord who will not take a claim seriously without the pressure of formal legal action.
Issuing proceedings sends a clear message: this claim is real, it is well-founded, and we are prepared to see it through to a final hearing if necessary. It also triggers a series of procedural obligations on both parties, including the exchange of evidence, the instruction of joint or separate experts, and compliance with court directions — all of which we managed carefully on our clients’ behalf.
It was at this stage, with the full weight of the litigation machinery in motion, that the weaknesses in the defendant’s case became increasingly apparent — not least the deficiencies in their expert evidence.
Settlement: £10,000 Before Trial
Ultimately, the case settled prior to a final trial hearing. This is a common and often sensible outcome in housing disrepair litigation. Trials carry uncertainty and cost for both parties, and when the evidence is pointing firmly in one direction — as it was here — a negotiated settlement can deliver a good result for the client without the stress and expense of a courtroom hearing.
After approximately three years of determined and skilled work, our clients received a settlement of £10,000. This figure reflects compensation for the general damages they suffered — the years of living in a damp, mouldy, unhealthy home, the impact on their physical and mental health, and the loss of amenity — as well as any financial losses they incurred as a result of the disrepair.
What This Case Demonstrates
This case is a powerful illustration of several realities of housing disrepair litigation that every tenant should understand.
- Not all landlords will settle early. Some will fight, and the ability to take a case all the way to the steps of a courtroom — and beyond if necessary — is what ultimately delivers results for clients. Choosing solicitors who are genuinely prepared to litigate, not just negotiate, matters enormously.
- Expert evidence is critically important — and it cuts both ways. A strong, CPR-compliant expert report is a cornerstone of a successful claim. An expert report that does not meet the required standards can be a significant liability for the party relying on it. We scrutinise the defendant’s evidence as carefully as we build our own.
- Overcrowding arguments are not a free pass for landlords. The suggestion that tenants are responsible for their own damp and mould is frequently raised and frequently wrong. It requires careful rebuttal, supported by the right evidence and the right expertise.
- Patience and persistence pay off. Three years is a long time to live with uncertainty, and we acknowledge that. But when a defendant is determined to fight, the willingness to see a case through — methodically, professionally, and without losing sight of the client’s interests — is what secures the outcome our clients deserve.
Think You Have a Housing Disrepair Claim?
If you are a council or housing association tenant dealing with damp and mould, or any other form of disrepair that your landlord has failed to address, we are here to help — no matter how difficult your landlord may be.
We act exclusively for tenants on a no win, no fee basis. There is no financial risk to you in bringing a claim, and no obligation following an initial conversation. Contact us today for a free assessment of your case.
All cases are different and past results are not a guarantee of future outcomes. This article is for informational purposes only and does not constitute legal advice.
Dealing with damp and mould in your home?
If your landlord has failed to address damp, mould, or other housing disrepair issues, you may be entitled to compensation. Our solicitors can assess your situation and help you take legal action to resolve the problem and recover damages.
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