Housing Disrepair and Your Health: What You Can Claim For

Where housing disrepair has caused or contributed to a health problem, you may be able to claim compensation for personal injury as part of, or alongside, a housing disrepair claim. The legal basis for this sits in Section 4 of the Defective Premises Act 1972, which imposes a duty of care on landlords who knew, or ought to have known, of a defect they were responsible for repairing.

The Link Between Housing Conditions and Health

The connection between poor housing and ill health is not new, but it is increasingly well documented. Damp, mould, inadequate heating, structural defects, and infestations do not just make a home unpleasant to live in. They create conditions that cause and worsen physical illness, particularly in children, elderly occupants, and anyone with a pre-existing health condition.

This matters legally because a landlord’s failure to maintain a property is not merely a contractual breach. Where that failure results in demonstrable harm to your health, it can give rise to a personal injury claim on top of, or as part of, a housing disrepair claim. The two are connected, and a specialist solicitor will consider both when assessing your case.

What Health Conditions Can Be Linked to Housing Disrepair?

Not every illness experienced by a tenant living in a poorly maintained property will be attributable to that disrepair. What matters legally is whether a specific health condition can be causally linked to a specific defect that your landlord was responsible for and failed to address. The following are among the most commonly evidenced health impacts in housing disrepair claims.

Respiratory Conditions

Damp and mould produce spores and volatile organic compounds that, when inhaled over a prolonged period, can cause or significantly worsen:

• Asthma, including new onset asthma in children
• Allergic rhinitis
• Recurrent chest and upper respiratory tract infections
• Hypersensitivity pneumonitis, a serious inflammatory lung condition linked to prolonged mould exposure
• Chronic obstructive pulmonary disease, where pre-existing conditions are worsened by ongoing exposure

The case of two-year-old Awaab Ishak, who died in December 2020 following prolonged exposure to mould in a housing association property in Rochdale, brought this issue into sharp public focus. The subsequent Awaab’s Law provisions in the Social Housing (Regulation) Act 2023 place new obligations on social landlords to investigate and respond to damp and mould hazards within defined timeframes, a legislative recognition that mould is a health hazard rather than a cosmetic problem.

Skin Conditions

Mould exposure and damp living conditions are also associated with:

• Eczema and dermatitis, particularly in young children
• Fungal skin infections linked to damp environments
• Worsening of pre-existing skin conditions

Mental Health Impact

Prolonged exposure to housing disrepair can also contribute to or worsen mental health conditions. Living in a property that is cold, structurally unsound, or visibly deteriorating, particularly with young children in the household, is associated with increased rates of anxiety and depression. Where a mental health impact can be evidenced and attributed to the housing conditions, this can form part of a personal injury claim.

Physical Injury

Not all health-related housing disrepair claims involve illness caused by environmental conditions. Physical injuries arising from structural defects, such as a fall caused by defective flooring or steps, an injury from a collapsing ceiling, or burns from faulty gas or electrical installations, can also form the basis of a personal injury claim where the landlord knew, or ought to have known, of the defect and failed to act.

The Legal Basis for a Health-Related Housing Disrepair Claim

Section 4 of the Defective Premises Act 1972

Where disrepair has caused personal injury or damage to health, Section 4 of the Defective Premises Act 1972 is the primary statutory basis for a claim. This section imposes a duty of care on a landlord who has an obligation to maintain or repair the premises, where a defect arises from a failure to carry out that obligation. Crucially, the duty applies not only where the landlord was told about the defect, but also where they ought, in all the circumstances, to have known about it.

This means a landlord cannot avoid liability simply by claiming they were never formally notified if the defect was of a kind they should have identified through reasonable inspection or routine maintenance.

Section 11 of the Landlord and Tenant Act 1985

The underlying repairing obligation that gives rise to liability is most commonly found in Section 11 of the Landlord and Tenant Act 1985, which requires landlords to keep in repair the structure and exterior of the property and installations for heating, water, and sanitation. Where a breach of this obligation causes or contributes to a health problem, that breach can support both a disrepair claim and a personal injury element.

The Limitation Period

Personal injury claims are generally subject to a three-year limitation period from the date of the injury or the date the claimant knew, or ought reasonably to have known, that their injury was attributable to the defendant’s act or omission. This is shorter than the six-year period that applies to the property-related elements of a housing disrepair claim under the Limitation Act 1980. If your health has been affected by housing disrepair, it is important to seek advice promptly rather than assuming you have plenty of time.

What Evidence Do You Need?

A health-related housing disrepair claim requires evidence on two fronts: the disrepair itself, and the link between that disrepair and your health.

Evidence of the disrepair:

• Dated photographs and video of the defects
• Written records of reports made to your landlord and their responses, or lack of response
• A surveyor’s report, usually obtained as a single joint expert during the pre-action protocol process, addressing the nature, cause, and extent of the defects

Evidence of the health impact:

• GP records documenting your symptoms and any diagnosis, particularly where housing conditions are mentioned
• Hospital or specialist records where treatment has been required
• A medical report from an independent expert linking the diagnosed condition to the specific conditions in the property
• Prescription records and evidence of any treatment costs incurred

The causal link between the disrepair and the health condition is often the most contested aspect of a health-related claim. A landlord’s insurers will frequently argue that a respiratory condition was pre-existing, or that lifestyle factors rather than the mould were the primary cause. Strong medical evidence, ideally from an expert who has reviewed both the medical history and the surveyor’s findings, is essential to counter these arguments effectively.

What Compensation Can You Claim For?

Where a health-related housing disrepair claim succeeds, compensation typically covers:

General damages for personal injury, reflecting the nature, severity, and duration of the illness or injury, assessed by reference to the Judicial College Guidelines for personal injury awards, which provide guideline brackets for different types and severities of condition.

Special damages, covering quantifiable financial losses caused by the health impact, which may include:

• Prescription costs and medical expenses not covered by the NHS
• Travel costs to medical appointments
• Lost earnings if the condition caused time off work
• Care costs if the illness required additional support at home

Housing disrepair damages, covering loss of enjoyment of the property over the period of the disrepair, which is assessed separately from the personal injury element and typically calculated as a percentage reduction in rent over the relevant period.

Compensation will depend on the severity of the health impact, the strength of the medical evidence, and the duration of the disrepair. There is no fixed figure for any of these elements, and a responsible solicitor will give you a realistic assessment based on the specific facts of your case rather than a number at the outset.

Who Is Most at Risk?

While housing disrepair can affect anyone’s health, certain groups face a disproportionately serious impact:

• Young children, whose developing respiratory systems are particularly vulnerable to mould spores and damp conditions
• Elderly tenants, for whom cold, damp properties significantly increase the risk of respiratory and cardiovascular illness
• Tenants with pre-existing conditions, including asthma, COPD, eczema, or compromised immune systems, where disrepair can cause serious deterioration
• Pregnant women, for whom poor housing conditions carry additional risks

Where a vulnerable household member has been affected, this will generally be reflected in the valuation of the personal injury element of the claim.

What To Do If Your Health Has Been Affected

If you believe housing disrepair has affected your health or the health of someone in your household:

1. See your GP as soon as possible and mention the housing conditions explicitly, so they are recorded in your medical notes.
2. Report the disrepair to your landlord in writing, creating a dated record even if you have previously raised it verbally.
3. Photograph the disrepair and document any changes or deterioration over time.
4. Keep records of any treatment, including prescriptions, appointments, and any costs incurred.
5. Seek advice from a specialist housing disrepair solicitor who can assess both the property claim and the personal injury element together.

You can find out more about how housing disrepair claims work on our housing disrepair claims page, and our guide to housing repair breach claims sets out the circumstances in which a breach of repairing obligations gives rise to a legal claim.

Speak to Satchell Moran Solicitors

If housing disrepair has affected your health or the health of a member of your household, you may have grounds for both a disrepair claim and a personal injury claim. Satchell Moran Solicitors acts for tenants across England and Wales on a no win, no fee basis, with dual Lexcel accreditation and specialist experience in housing disrepair claims involving health impacts. Get in touch today for an initial enquiry at no cost and with no obligation to proceed.