When you’re living with damp, leaks, broken heating, unsafe electrics or pests, it’s tempting to think the problem is “obvious”. But when a landlord denies it, delays, or blames “lifestyle”, the outcome often comes down to 1 thing: your evidence.
That’s true whether you’re bringing a housing disrepair claim (usually in the County Court, following the pre-action protocol) or using the Environmental Protection Act 1990 (EPA) “statutory nuisance” route (often through Environmental Health or a private action in the Magistrates’ Court).
And this isn’t a niche. In the English Housing Survey, 30% of households reported problems with condensation, damp or mould (2024 data), and it was higher in the private rented sector (46%).
If you want repairs done and fair compensation, you need evidence that tells a clear, dated story—what was wrong, when it was reported, how it affected you, and what (if anything) the landlord did.
What you’re trying to prove
Disrepair claims (the usual route)
Most disrepair cases boil down to proving:
- There’s a defect (not just cosmetic).
- It’s the landlord’s responsibility (often linked to repair duties like structure, exterior, and key installations).
- The landlord had notice (you told them, or they should reasonably have known).
- They didn’t act within a reasonable time (or the work was poor).
- It caused you loss: distress/inconvenience, health impact, damaged belongings, extra costs.
The pre-action protocol is designed to push early exchange of information and expert evidence, so you don’t end up arguing about basics after months of delay.
EPA (statutory nuisance) claims
EPA cases focus less on “rent law” and more on whether the condition amounts to a statutory nuisance—for example, damp/mould, drainage smells, infestations linked to defects, or other conditions that interfere with normal use or are prejudicial to health.
A key practical point: if you bring your own Section 82 EPA action, you usually need to give the required notice period first (commonly 21 days for most nuisances, 3 days for noise).
The “winning evidence” checklist (what strong cases usually contain)
If you’re building a file that landlords, insurers, surveyors, councils and courts take seriously, aim for:
- A dated photo/video pack (before, during, after)
- A simple timeline of reports and responses
- Humidity/temperature logs (especially for damp/mould disputes)
- Medical evidence (when relevant) – GP notes, asthma reviews, prescriptions, fit notes
- An independent expert report (often a surveyor)
- Council / Environmental Health letters (if you’ve involved them)
- Proof of loss (receipts, replacement quotes, rent statements, travel costs, laundrette costs, etc.)
- Witness statements (you + anyone else affected)
You can read more about the overall approach to disrepair claims here: Housing disrepair services.
Photos and video that actually stand up to scrutiny
Photos win cases when they’re clear, dated, consistent, and show impact—not just a close-up of a stain.
What to photograph (and how)
Take wide shots and close-ups, and repeat them over time.
- Wide shot: the whole room/wall/ceiling so location is obvious
- Mid shot: the affected area plus nearby features (window, radiator, skirting)
- Close-up: mould spots, bubbling paint, damp tide marks, damaged plaster, water pooling
Then add a scale reference (a coin, ruler, tape measure) for cracks, holes, swelling skirting, etc.
Make your photos “case-ready”
- Turn on date/time in your camera settings if possible (or keep a log that matches filenames).
- Don’t “beautify” images with filters.
- Photograph the cause where possible (leaking pipe, missing roof tile, broken extractor fan).
- Photograph the consequences too: mouldy clothes, ruined mattress, damp wardrobe backing, peeling paint, warped flooring.
The 10-second video trick
A short walk-through video (30–90 seconds) can show:
- damp spread across multiple walls,
- smell context (you can narrate what you’re smelling),
- active leaks (dripping), and
- non-working heating/hot water (show boiler error code).
If damp is disputed, get footage that includes windows, vents, extractor fans, and whether they work.
Humidity and temperature logs: how to use them without overcomplicating it
Humidity logs are especially helpful when a landlord argues:
- “It’s condensation”
- “You’re not ventilating”
- “It’s your drying clothes indoors”
A simple, consistent log can cut through that—particularly where readings stay high despite reasonable ventilation and heating efforts.
What to use
You don’t need a specialist kit. A decent hygrometer is often £10–£25, and some models store history. Keep your purchase receipt as part of your evidence pack.
Where to measure
Take readings in:
- the worst affected room (near the mould area but not touching the wall),
- a “control” room (a room less affected),
- and sometimes the hallway or bathroom if that’s where the issue is centred.
How often
- 2 readings per day is enough for most cases (e.g., morning + evening).
- Log for 2–4 weeks, and longer if the case drags or repairs are delayed.
What to record (keep it simple)
Use a note app or spreadsheet and record:
- date + time
- room
- temperature (°C)
- relative humidity (%)
- what you did that day that’s relevant (e.g., “heated 2 hours”, “used extractor”, “windows open 15 mins”, “laundry dried outdoors”)
Why this helps
Because it supports a bigger point: you’re behaving reasonably, and the property still isn’t staying healthy. That’s particularly important where damp and mould affects breathing—something NHS sources consistently warn can worsen respiratory problems, allergies and asthma.
Your written timeline: the most underrated evidence in the file
A strong timeline turns a “my word against theirs” situation into a paper trail:
- When you first noticed the defect
- When you reported it
- What the landlord said
- What appointments were offered/missed
- Whether access was provided
- Whether work was done properly
What to include
- Emails to the landlord/agent/housing officer
- Portal screenshots (repair requests, job numbers)
- Text messages and WhatsApp screenshots
- Call notes (date, time, who you spoke to, what was agreed)
Tip: after phone calls, send a follow-up email saying:
“Further to our call today at 14:10, you confirmed a contractor will attend on Thursday between 09:00–12:00.”
That single line can be gold later.
If you’re a landlord reading this and want the other side of the coin—what record-keeping looks like when it’s done properly—this is a useful reference point: Record-keeping for compliance.
GP notes and medical evidence: when it helps (and what’s realistic)
Medical evidence isn’t required in every disrepair case. But it can be powerful when:
- damp/mould has triggered asthma or chronic cough,
- there are recurrent chest infections,
- skin flare-ups are linked to exposure, or
- mental health has worsened because the home is unliveable.
Government health guidance links damp/mould exposure to respiratory symptoms and infections.
What people get wrong
Your GP isn’t there to “prove the building is damp”. They usually won’t write a full causation report. What they can often provide is:
- evidence of symptoms and treatment,
- timing (when it started/worsened),
- any relevant diagnoses (asthma, eczema, allergies),
- and advice given (e.g., avoid triggers).
What to ask for (practical wording)
If you request a letter or summary, focus on:
- what you reported (symptoms),
- frequency/severity,
- medication prescribed,
- and whether you mentioned damp/mould exposure.
If you’ve got children, any NHS-aligned advice about mould exposure and respiratory symptoms can also support your narrative.
Expert reports: why they move the needle in disrepair claims
If there’s 1 thing that can turn a messy argument into a structured case, it’s an independent surveyor’s report.
What the right expert report does
A good report usually covers:
- defects observed (with photos)
- likely cause (penetrating damp vs rising damp vs condensation patterns)
- repairs required (specific and itemised)
- whether works are urgent
- whether there’s a health hazard risk
- impact on habitability (e.g., unusable bedroom)
In disrepair claims, expert evidence is a core part of resolving disputes under the protocol.
Cost (ballpark)
Costs vary depending on the property size and complexity. As a rough guide, you might see fees from £400–£1,500+ for inspections and reporting, sometimes more where specialist mould sampling or multiple visits are needed. (If your case is funded or handled under a specific arrangement, we’ll tell you upfront what applies.)
Don’t accidentally weaken your own case
- Don’t instruct the wrong expert (you want independence and the right discipline).
- Don’t rely on a one-line handyman quote when the cause is disputed.
- Don’t ignore ventilation/heating factors—your report should address them.
Council / Environmental Health evidence: powerful, but you still need your own records
If the landlord drags their feet, involving the council can help—especially where there’s a serious hazard.
Parliamentary guidance explains that where an Environmental Health Officer identifies a Category 1 hazard under the HHSRS, the local authority is required to take enforcement action.
What to keep
- your complaint to the council (copy + date)
- appointment confirmations
- inspection notes / outcome letters
- any improvement notice or abatement notice
- follow-up emails
Even if the council doesn’t act as fast as you’d like, the paper trail still helps show the issue is real and serious.
EPA cases: the evidence courts want to see
EPA cases are often won by people who do the basics really well:
- Prove the nuisance exists
- Prove you gave the right notice
- Prove it’s affecting health or normal enjoyment
- Show you were reasonable and consistent
If you’re using the EPA route, this guide lays out a practical step-by-step: Using EPA Part III when repairs stall.
And remember: the legal notice period point matters. Councils commonly summarise Section 82 notice as 3 days (noise) and 21 days (most other nuisance issues).
Damp and mould claims: why Awaab’s Law-style evidence is becoming the standard
If you’re in social housing, Awaab’s Law has introduced specific expectations and timeframes around investigation, interim measures and decanting in serious cases (and it’s pushed landlords towards better audit trails).
Even if your case isn’t strictly under that regime (e.g., private rented), the discipline of evidence is similar: report, record, escalate, prove.
The “damage and costs” folder: don’t leave money on the table
Compensation isn’t just about “stress”. It can include real out-of-pocket losses. Create a folder for:
- damaged belongings (photos + receipts or replacement quotes)
- extra heating costs (where relevant)
- dehumidifier purchase (receipt)
- laundrette costs (receipts)
- travel costs for alternative accommodation
- hotel/Airbnb receipts if you had to leave (where appropriate)
Keep it clean and itemised. It’s much easier to negotiate when your figures are backed up.
Common mistakes that weaken otherwise strong claims
These are the ones we see again and again:
- No proof of notice: you told them “loads of times” but it’s all by phone.
- Inconsistent dates: photos don’t match the timeline.
- Only close-up mould photos: no context, no scale, no location.
- Throwing items away too early: keep damaged items until advised (or take thorough photos + proof first).
- Access disputes: always show you offered reasonable access dates.
- Letting the landlord control the narrative: you need your own independent log.
How to package your evidence so it looks serious
Think of your evidence pack like a short book:
- Index page (1 page)
- Timeline (1–2 pages)
- Photos (grouped by room, dated)
- Humidity logs (if relevant)
- Medical evidence (if relevant)
- Expert report (if obtained)
- Council/EHO letters (if involved)
- Losses schedule (with receipts)
If you can present your case clearly, you’re already ahead of most disputes.
If you want more broader support on disputes and court processes, see: Civil litigation. And for more reading, browse the full Resources section.
FAQs
1) How many photos do I actually need?
Enough to show scope, location, and progression. A good starting point is 10–30 photos, spread across rooms, with repeats over time. If it’s spreading, keep documenting weekly.
2) Are humidity logs really worth it?
Yes—especially if damp/mould is being blamed on you. Logs help show you’re acting reasonably while the problem persists. They also support health narratives where respiratory symptoms are relevant.
3) Do I need an expert report to win?
Not always, but if the landlord disputes cause or severity, an independent report often becomes the turning point—particularly in disrepair claims under the protocol.
4) Can WhatsApp messages be used as evidence?
Yes. Screenshot them, and keep them in date order. If you can export the chat (with timestamps), even better. The key is showing notice and response.
5) What if I’m worried about retaliation for reporting disrepair?
Retaliation fears are common. The practical protection is: keep everything in writing, stay factual, and get advice early so you don’t make a rushed move that harms your position.
6) Is the EPA faster than a disrepair claim?
It can be, depending on the facts. EPA focuses on stopping the nuisance and can be effective where conditions are seriously affecting health or enjoyment. But you still need a tight evidence pack and the correct notice.
Ready to turn your evidence into action?
If you’ve got damp, mould, leaks, disrepair, or a landlord who keeps promising “next week”, we can help you get organised, take the right route (disrepair, EPA, or both), and push for repairs and compensation in a way that’s clear and evidence-led.
Speak to us here: Contact Atalaw Solicitors. If you ever need it, our complaints procedure is also available.