Building a Defensible Position Against Damp Disrepair Claims

Housing disrepair claims related to damp and mould have increased substantially in recent years. While the best strategy is prevention, providers also need robust processes to defend against claims that do arise—many of which may be exaggerated or relate to issues outside the landlord's responsibility.

This article covers how to build and maintain a defensible position.

Understanding the Claim Landscape

Why Claims Are Increasing

Several factors have driven growth in damp-related claims:

• Increased awareness following Awaab Ishak case and media coverage
• "No win no fee" solicitors actively marketing to tenants
• Courts becoming more sympathetic to tenant claims
• Higher expectations following Housing Ombudsman spotlight report

Typical Claim Elements

Disrepair claims typically seek:

• Damages for inconvenience and distress
• Damages for health impacts (often respiratory conditions)
• Damages for property damage (belongings affected by mould)
• Order requiring repairs to be completed
• Legal costs (which can exceed the damages claimed)

What Claimants Must Prove

For a successful claim, the tenant must demonstrate:

• Disrepair existed: There was a genuine problem
• Landlord had notice: The landlord knew or should have known
• Reasonable time elapsed: Landlord failed to act within reasonable time
• Loss suffered: The tenant experienced quantifiable harm

Your defence focuses on challenging these elements where appropriate.

Building Your Evidence Base

Documentation From Day One

Defence begins long before any claim is made:

• Detailed property records: Condition at letting, subsequent changes
• Communication logs: All tenant contact documented
• Repair histories: What was reported, when, what action taken
• Inspection reports: Regular condition assessments

Environmental Data

Objective measurements provide powerful evidence:

• Humidity and temperature trends over time
• Comparison with external conditions (weather correlation)
• Evidence of adequate heating availability
• Data showing when conditions changed

This data can demonstrate whether issues arose from property defects or occupancy factors.

Response Timeline Evidence

Document every step of your response:

• Date issue was first reported
• Date and findings of inspection
• Date repairs were scheduled and completed
• Follow-up visits confirming resolution

Common Defence Arguments

Condensation vs. Property Defect

Many damp issues are condensation-related, which involves occupancy factors:

• The property is capable of being adequately heated and ventilated
• Environmental data shows correlation with occupancy patterns
• Similar properties in similar condition don't have the same issues
• Advice was provided about reducing condensation

Important: This defence requires evidence that you provided adequate facilities and guidance, and that you investigated properly rather than assuming "lifestyle".

Reasonable Response Time

If you responded reasonably quickly:

• Documented evidence of timely inspection
• Repairs scheduled within reasonable timescales
• Evidence of any delays outside your control (access issues, contractor availability)
• Interim measures taken pending full repair

Lack of Notice

If the tenant didn't report the issue:

• No record of tenant complaint
• Reasonable inspection regime would not have detected it
• Evidence that issue developed quickly before inspection opportunity

Disputed Causation

For health-related claims:

• Pre-existing conditions before the tenant moved in
• Multiple potential causes (smoking, pets, other factors)
• Lack of medical evidence linking condition to property
• Proportionality of claimed symptoms to observed conditions

Proactive Risk Reduction

Before Issues Arise

• Property assessment at letting: Document condition, provide information
• Clear condensation guidance: Written advice to all tenants
• Adequate facilities: Working heating, effective ventilation
• Regular inspections: Opportunity to identify issues early

When Issues Are Reported

• Acknowledge promptly: Show the report was received
• Inspect quickly: Within 24 hours for damp/mould
• Document thoroughly: Photos, measurements, findings
• Communicate findings: Explain what you found to the tenant
• Act on timescale: Meet Awaab's Law requirements
• Follow up: Confirm issue resolved

Ongoing Management

• Monitor problem properties: Extra attention to at-risk homes
• Track recurring issues: Address root causes
• Review complaints: Identify systemic problems
• Maintain records: Keep documentation accessible

When Claims Are Made

Initial Steps

• Don't panic—many claims settle for modest amounts
• Gather all documentation immediately
• Review response timeline against best practice
• Consider early independent inspection if not already done

Assessing Settlement vs. Defence

Consider:

• Strength of your evidence (did you respond appropriately?)
• Extent of claimant's documented harm
• Legal costs of fighting vs. settling
• Precedent implications (will settling encourage more claims?)
• Reputational considerations

Strengthening Defence

If contesting:

• Independent surveyor report on cause of damp
• Environmental data analysis
• Detailed timeline of reports and responses
• Evidence of tenant non-cooperation if relevant (access issues)

The Role of Technology

Environmental Monitoring Benefits

Continuous monitoring provides evidence that:

• Establishes baseline: What conditions were before problems claimed
• Shows patterns: Whether issues correlate with occupancy or weather
• Proves response: Timestamped record of when you became aware
• Demonstrates resolution: Conditions improved after intervention

In Litigation

Objective data from independent sensors carries weight:

• Harder to dispute than subjective observations
• Shows your proactive approach to monitoring
• Can challenge claims about severity or duration
• Demonstrates investment in tenant welfare

Key Takeaways

• Prevention is cheaper than defence: Proactive response reduces claim exposure
• Documentation is essential: You can't defend what you can't prove
• Response speed matters: Delays undermine your position
• Objective data helps: Environmental monitoring provides evidence
• Each case is individual: Assess settlement vs. defence on merits