Damp and mould injuries
Damp and mould aren’t just unpleasant; they can cause serious health problems. If your living or working environment has made you ill, our expert solicitors can help you take action.
No matter your situation, if mould exposure has caused illness or worsened an existing condition, we’re here to help you understand your rights under Scottish law and secure the compensation you deserve.
What are damp and mould injuries?
Damp and mould can occur when properties aren’t wind or water-tight or if they aren’t built to deal with condensation.
Breathing in mould spores can aggravate respiratory conditions like asthma, bronchitis, allergies, and fungal infections, which can cause you serious harm. This is particularly true for vulnerable groups such as children, older adults, and those with existing health conditions, who are at much higher risk.
Health risks from damp and mould
There are various health risks associated with damp and mould exposure, including:
- Respiratory conditions like asthma flare-ups and bronchitis that can present pneumonia-like symptoms.
- Allergic reactions such as skin irritation, excessive sneezing, red eyes, and/or an excessively runny nose.
- Serious or chronic illnesses, particularly for people with pre-existing conditions.
- Long-term psychological or lifestyle impact due to persistent illness, the inability to use certain rooms, or stress.
If you feel like you’ve suffered any of the above due to damp and mould, don’t hesitate to contact us.
How are you legally protected from damp and mould in Scotland?
If you are or have been a tenant, under the Housing (Scotland) Act 1987, 2001, and 2006, landlords must provide a house that is reasonably fit for human habitation. This means that they are required to ensure houses are fit-for-purpose and wind and watertight, and that they must take action to remove hazards like mould and damp.
Homeowners may also be able to claim compensation for injury caused by mould or damp. In this scenario, claims may be brought against a third party, such as a builder, developer, or surveyor, who has failed in their duty of care and provided a poorly maintained property that caused the homeowner injury.
Whether you are a homeowner or a tenant, it’s important to note that any personal injury claims must be made within three years of when the harm occurred or when it was discovered.
Who can make a damp and mould injury claim?
You may have a damp and mould injury claim if you:
- Have experienced poor health as a result of damp or mould exposure.
- Your landlord, property manager, or employer should have reasonably known about the issue, yet didn’t fix it.
- You have reported the problem to any of the above, and nothing was done.
- You have medical evidence linking your health issues to damp and mould.
- Your case falls within the three-year limit for personal injury claims in Scotland.
What to do if you’ve been affected by damp or mould in Scotland
1. Report the issue in writing
Contact your landlord, employer, or building manager and request action to be taken. Do this via email, letter, text, or any other written form.
2. Gather evidence
Take photos or videos of the mould or damp and date them. You should also keep hold of any written correspondence and record medical symptoms and doctor’s notes.
3. Seek legal advice
A specialist personal injury solicitor can assess your case and guide you on pursuing a claim and proceeding with litigation if required. They will obtain any necessary specialist medical report and technical reports from surveyors or the like.
4. Act before time runs out
Most personal injury claims must be commenced within three years of diagnosis or discovery of health conditions. Property damage, such as ruined furniture, must be claimed within 6 years.
How much compensation could you receive for damp and mould issues?
You may be able to claim compensation for pain, suffering, or mental distress caused by damp and mould. Damages may also be claimed for associated costs such as medical bills, private healthcare, lost earnings, or damaged property.
Compensation can vary, and nothing is guaranteed, but you may be entitled to tens of thousands of pounds, depending on the severity of the situation.
Damp and mould FAQs
Can I make a claim if I’ve moved out?
Yes, if the harm occurred within the last three years and there’s clear evidence linking mould to ill-health, you can make a claim whether you live in the property or not.
Can I still claim if the problem is resolved?
Yes, compensation regarding damp and mould covers past harm, so you don’t need to have ongoing issues to make a claim.
Will making a claim affect my tenancy?
No, landlords cannot evict or harass you for exercising your legal rights.
How Allan McDougall Solicitors can help
As a Scottish-based law firm, we understand local housing law, environmental standards, and negligence frameworks.
Our personalised approach means you receive support from the first meeting through to settlement, and we pursue full compensation through negotiation or court. We can also explore joint actions for group claims if others have been affected in the same building.
Perhaps most importantly, we operate on a no-win, no-fee basis, giving you accessible legal representation without upfront costs.
Get in touch
If damp or mould in your home, workplace, or rental property has affected your health, contact the experts at Allan McDougall Solicitors for a free, confidential discussion.
Contact us
- Email us
- Call our personal injury claims team free on 0808 560 0872
- Arrange a callback by using our enquiry form
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