In Scotland, tenants who suffer personal injury or adverse health effects due to mould-induced dampness may have grounds to take legal action against their landlord for damages.
Damp and mould can affect your health, especially if you have asthma, allergies, or respiratory problems. The release of mould spores can trigger asthma symptoms in susceptible individuals. It is now widely accepted that there is a connection between living in damp accommodation and a greater likelihood of suffering from respiratory symptoms, worsened asthma, and the development of asthma.
Dampness and mould can cause bronchitis-like symptoms and asthmatic reactions, significantly impacting the health and well-being of affected individuals. Exacerbation of asthma symptoms can manifest as increased breathlessness, persistent wheezing, susceptibility to chest infections, heightened medication use, and, in severe cases, hospitalisation.
If an individual with well-managed asthma experiences a deterioration of their condition due to the failure of the landlord to address dampness and mould, there may be grounds for a personal injury claim.
The Housing (Scotland) Act 1987 grants tenants the right to a property that is wind and watertight and fit for human habitation. In Scotland, the law recognises the duty of landlords to provide safe and habitable living conditions for their tenants.
The Housing (Scotland) Act 2006 imposes legal obligations on landlords to maintain their properties in a good state of repair, ensuring they are free from hazards that could adversely affect the health of tenants, including issues of dampness and mould.
If a tenant suspects that there is a problem with mould and dampness, they should notify their landlord or the property agent in writing and provide a reasonable opportunity for repairs to be carried out.
The landlord has a duty of care to provide a safe and habitable environment for tenants. If they fail to address mould-induced dampness issues, resulting in harm to the tenant's health, they may be held liable for breaching that duty of care.
To have a valid personal injury claim, it is important to establish that the mould-induced dampness was the direct cause of asthma or aggravated a pre-existing asthma condition. This typically requires medical evidence, such as reports from healthcare professionals linking the symptoms to the mould exposure.
Environmental experts can also be used to establish a connection between the mould-induced dampness and the tenant's health condition. These experts can provide reports and testimony supporting the claim.
It must be demonstrated that the landlord's negligence caused or contributed to the harm. This could involve demonstrating that the landlord failed to repair an existing issue, did not adequately address the mould growth, or ignored previous complaints made by the tenant.
If successful, compensation in a personal injury claim may include damages for pain and suffering, medical expenses, loss of earnings, and any other financial losses incurred as a result of asthma or other health-related issues caused by the mould-induced dampness.
It is important to be aware that there are time limits for bringing a personal injury claim in Scotland. In most cases, a claim must be made within three years from the date the injury was discovered.
If you have suffered an injury due to mould or dampness, and think you may have a claim, please contact us on 0800 988 8082 or complete our online enquiry form and a member of our team will get back to you as soon as possible.
