Medical evidence in a housing disrepair claim: why it matters

In short

Has your home's condition affected your health? Medical evidence can add a lot to your claim, because it supports a personal-injury element on top of the rent-based compensation. Useful evidence includes your medical records, a letter from your doctor, and sometimes a formal medical report. You do not need it to start a claim. But it strengthens one where damp, mould, cold, or hazards made someone unwell.

Here we cover what medical evidence is useful, how to get it, and how it is used in a claim.

Why does medical evidence matter in a disrepair claim?

A housing disrepair claim can include compensation for the harm the disrepair caused you. Not just the inconvenience and disruption, but health problems the poor conditions caused or made worse.

For example:

• Breathing problems caused or made worse by damp and mould
• Skin conditions such as eczema linked to mould exposure
• Mental health difficulties caused by the stress of living in poor conditions
• Illness linked to cold or inadequate heating

Show a link between the disrepair and a health problem, and you may be entitled to extra compensation for that harm. Medical evidence is what proves the link.

What types of medical evidence are useful?

Records from a health professional. Have you seen a doctor, nurse, or other health professional about symptoms that may link to your home: breathing problems, skin conditions, anxiety? Their records can be used as evidence. You can ask for a copy of your medical records.

A letter from your doctor. A letter that notes the link between your symptoms and the conditions in your home is particularly useful. For example: "The patient's asthma has worsened during the period they have been living in damp conditions." You can ask your health professional to write such a letter.

Prescriptions and repeat prescriptions. These can show you were treated for a condition over a long stretch, matching the period of disrepair.

Hospital referral records. You or a family member may have been admitted to hospital, or referred onward, for a condition linked to the disrepair. Those records also support the claim.

Mental health records. Anxiety, depression, or stress caused by living in disrepair can be compensated. That includes being unable to have friends or family visit, or losing sleep to cold or noise. Records from a counsellor, therapist, or psychiatrist may be relevant.

How do I get a letter from my health professional?

You can ask your doctor, nurse, health visitor, or other health professional to write you a letter setting out:

• The condition or symptoms you have been treated for
• The period during which they have treated you
• Whether, in their professional view, the home conditions may have caused or worsened the condition

Health professionals do not always know housing disrepair claims and may be unsure what to write. It helps to explain briefly what the letter is for. You are not asking for a legal assessment, just a description of your symptoms and any link to your home they are aware of.

There may be a small fee for a letter from your doctor, though practices vary.

What if I did not see a doctor at the time?

Many people cope with symptoms without seeing anyone. That does not stop a claim, but it makes the medical side harder to prove. If you have symptoms now that may link to your home, get medical advice. For your own health first, and to create a record.

When should I contact Support for Tenants?

We help tenants with housing disrepair claims and can talk through the evidence that supports a case, including medical evidence. The panel solicitor advises on evidence once your claim is taken on. We work on a no-win, no-fee basis.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
• Understanding and addressing the health risks of damp and mould in the home (GOV.UK)