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Housing4 min read30 April 2026

My Flat Has Had Damp and Mould for Years — What Can I Claim?

Based on: Dezitter v Hammersmith and Fulham Homes (Central London County Court, 2023)

The Scenario

A secure tenant since 2010 suffered years of cracks, damp, mould, faulty windows, and boiler problems. Repeated complaints were ignored.

The Conversation

This is how Case Buddy would handle this scenario — the same experience you get on the platform.

You

I have been a secure tenant since May 2010. Ever since I moved in, the flat has had serious problems — cracks in the walls and ceilings, draughty doors and windows that do not fit properly, damp and mould everywhere, watermarks on the ceiling, lights hanging loose, and the boiler keeps losing pressure. I have complained for years but nothing gets properly fixed.

Case Buddy

Thank you for describing your situation. It sounds like you have been living with serious disrepair in your flat for many years, and your landlord has not addressed it despite your complaints. Could you tell me — is your landlord a housing association or a local council? And have you put any of your complaints in writing (emails, letters, or through a repairs portal)?

You

It is a housing association. Yes, I have emails and letters going back years. Nothing changes — they send someone round, they patch one thing, but the underlying problems remain.

Case Buddy

Here is the legal position based on what you have described: You have two main legal routes: **1. Disrepair under Section 11, Landlord and Tenant Act 1985** Your landlord has an implied obligation to keep the structure, exterior, and installations (heating, plumbing, electrics) in repair. The problems you describe — cracks, damp, faulty windows, boiler issues — fall squarely within this duty. Once the landlord has notice of the disrepair (which your emails and letters demonstrate), they must carry out repairs within a reasonable time. **2. Fitness for human habitation under the Homes (Fitness for Human Habitation) Act 2018** Since 20 March 2019, landlords must ensure a dwelling is fit for human habitation throughout the tenancy. Persistent damp, mould, and structural defects can render a property unfit. **What you may be entitled to:** - **General damages** — compensation for the diminution in value of the property during the period of disrepair, typically calculated as a percentage of rent. Where a property is found unfit for human habitation, damages can be equivalent to 100% of the rent for that period - **Special damages** — compensation for damaged belongings, additional heating costs, or medical expenses - **An order for specific performance** — the court can order the landlord to complete all repairs within a set timeframe Your written records of complaints are very important evidence. One option is to instruct a housing disrepair solicitor — many operate on a "no win, no fee" basis for these claims. For free advice, contact Shelter on 0808 800 4444. *This is legal information, not legal advice. For advice specific to your circumstances, consult a qualified solicitor.*

The Correct Legal Position

  • Under s.11 Landlord and Tenant Act 1985, landlords must keep the structure, exterior, and installations in repair.
  • Under the Homes (Fitness for Human Habitation) Act 2018, landlords must ensure the dwelling is fit for human habitation.
  • Damages are typically a percentage of rent reflecting diminution in value; 100% of rent may be awarded where the property is unfit.
  • Courts can order specific performance requiring completion of repairs within a set timeframe.

What the Court Decided

The court awarded total general damages of £48,786.32 plus a 10% uplift, plus £1,000 special damages. Specific performance was ordered requiring repairs within 70 days.

Important: This case study is for educational purposes only. Case Buddy provides legal information, not legal advice. Every situation is different — for advice specific to your circumstances, consult a qualified solicitor. Free advice is available from Shelter (housing), ACAS (employment), and StepChange (debt).

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