If you rent a property from a local authority, a letting agent or a private landlord, your landlord is responsible for providing a habitable and safe home for you and your family. As a result, if a tenant is injured in a rental property because of a landlord’s negligence, they could be eligible to claim compensation for any suffering caused. This guide about tenant injury claims against a landlord will look at what rights a tenant has and when they could make a personal injury claim against a landlord.
We can help if you’re thinking about suing your landlord for injury. Firstly, we offer a no-obligation consultation where a specialist will provide free legal advice on your options. Then, if the claim has a fair chance of success, we could appoint one of our personal injury solicitors to represent you. If they agree to work for you, they will represent you on a No Win No Fee basis so you won’t need to pay any legal fees upfront.
You’ll find out more about tenant injury claims against a landlord in the rest of this guide or you can call 0800 6524 881 to speak to a specialist.
Table of contents
- Landlord Responsibilities For Rental Properties
- Am I Eligible To Make A Tenant Injury Claim Against My Landlord?
- Common Tenant Injury And Illness Claims
- How Much Compensation For A Tenant Injury Could I Claim?
- Evidence To Support A Tenant Injury Claim Against A Landlord
- Tenant Injury Claim Time Limits
- Starting The Tenant Injury Claims Process
The Landlord and Tenant Act 1985 clearly lays out a landlord’s responsibilities. This piece of legislation sets out that landlords should provide properties that are:
- In a reasonable state of repair (internally and externally).
- Safe to live in and able to withstand normal use.
- Well-ventilated and free from dampness.
- Able to withstand normal weather conditions.
Additionally, landlords must make necessary repairs to a rented property when they become aware of them. All work must be carried out by competent professionals and safety certificates may need to be obtained. This means that landlords are responsible for repairing:
- Brickwork, tiling and roofing.
- Electrical and wiring defects.
- Broken doors and windows.
- Burst water pipes and leaks.
- Damaged flooring.
- Fences, gates and pathways in the garden.
- Handrails and carpeting in communal areas.
As a tenant, you have a duty to inform your landlord of any problems as soon as possible. However, they must be proactive and arrange periodic heating, electrical and safety inspections and repair any problems identified.
Our personal injury solicitors can only take on tenant injury claims against landlords where there’s a good chance you’ll be compensated. Some of the criteria they’ll check before accepting your claim include:
- Was your landlord negligent in some way?; and
- Did that negligence lead to an accident or avoidable incident; and
- Were you injured or made ill as a result of your landlord’s negligence?
These criteria apply in claims against councils, social housing providers and private landlords alike. As you can imagine, you’ll need to supply evidence to show why your landlord is liable for your injuries. We’ll review the types of evidence that might be helpful later on.
Based on the criteria set out above, you could sue your landlord for any injuries or illness they’ve caused. Some of the more common claims against landlords are for:
- Respiratory problems such as asthma, infections or allergies caused by dampness or mould.
- Broken or fractured bones caused by tripping on broken paving slabs in the property’s garden.
- Electric shock caused by poorly installed appliances.
- Burns or scalds resulting from a broken shower thermostat.
- Soft tissue injuries caused by falling down stairs because of a broken bannister or handrail.
- Carbon monoxide poisoning caused by poorly maintained gas appliances.
Remember, you can only make a claim against your landlord if their negligence caused your injuries or illness. For example, you may be eligible to make a tenant injury claim if your landlord:
- Failed to carry out mandatory safety checks at the right time (gas, electric, fire etc).
- Did not repair problems you reported within a reasonable timeframe.
- Did not offer any method of contacting them to report faults.
- Provided substandard repairs or used unqualified tradesmen to make repairs.
We would always suggest that you seek legal advice about tenant injury claims against landlords. Therefore, please speak to one of our specialists to see if you could sue your landlord for injury.
Any form of personal injury claim should compensate the claimant for any physical or mental harm as well as any out-of-pocket expenses. Therefore, when a tenant sues their landlord for compensation, it could cover:
- Physical pain and suffering.
- Mental health injuries such as distress, depression or anxiety.
- Loss of enjoyment of any normal activities and hobbies.
- Replacement costs for any damage to a tenant’s personal property.
- Loss of income and future losses (for longer-term injuries).
- Medical costs and expenses.
- Care costs.
- Travel expenses.
- Adaptations to your vehicle or home if you’ve been left disabled following an accident in a rented property.
Claiming compensation against a landlord should not be taken lightly as it’s important any settlement covers your immediate suffering and any that will continue into the future. We believe that you’re more likely to win your claim and be compensated fairly with the support of a personal injury solicitor. To check if one of ours could support your claim, please speak with us today.
Any claim against a landlord will have its own set of unique circumstances. Therefore, it’s not really possible to suggest a potential settlement amount until the claim has been thoroughly assessed. However, to give you some idea of payout amounts, we’ve included this compensation calculator:
As part of the tenant injury claims process, the extent of your injuries might need to be assessed independently. Therefore, if so your solicitor will book an appointment with a local medical specialist where possible. They’ll speak with you about the suffering your injuries have caused before examining you. Their report will be sent to your landlord’s insurers and your solicitor and will help to determine the settlement amount if your claim is successful.
As explained earlier, it’s important to provide as much evidence as possible when claiming compensation from your landlord. This should show what caused your accident, how you were injured and why your landlord is liable. Examples of evidence that could support tenant injury claims against landlords include:
- Photographs. You should always take pictures of what caused your accident before your landlord arranges for a repair.
- Medical records. We would always suggest that you see a doctor or visit a hospital if you’re injured in a rented property. Your medical records could help to prove exactly how you were injured.
- Witness statements. If anybody else was present when you were injured, supply their contact details to your solicitor. If necessary, they’ll take a statement if it will help to prove what happened.
- Correspondence. You should always report your accident to your landlord in writing. Any emails or text messages you’ve sent, as well as any replies, could be used as evidence to support the claim against your landlord.
- CCTV footage. If your accident was recorded by a home security system or camera-enabled doorbell, keep a copy of any relevant footage somewhere safe and pass it on to your solicitor.
- Financial records. Bank records, benefits statements, receipts and wage slips should all be retained if you wish to claim back any costs associated with your injuries.
In addition to all of the above, it’s a good idea to keep a diary of how you’ve been affected by your injuries. For example, you could keep track of the days your injuries prevented you from working or attending family or social events.
Generally, personal injury claims against landlords have a 3-year time limit from the date of the accident or from when your doctor diagnosed your illness or injury. If the claim is on behalf of a child injured in a rental property, you can apply to be a litigation friend and claim at any point before their 18th birthday (after that, they’ll have 3-years to claim themselves).
As there is quite a bit of evidence and report gathering required in a personal injury claim, we would suggest that you begin yours as soon as you can rather than waiting until the last minute and potentially missing out on the compensation you may be entitled to.
To discuss claiming against a landlord with us, please call 0800 6524 881 today. An advisor will explain all of your options and offer free legal advice after reviewing your case on a no-obligation basis.
If the claim is suitable and accepted by one of our solicitors, you’ll benefit from their No Win No Fee service meaning you won’t need to pay any legal fees unless compensation is awarded.
For more advice on tenant injury claims against a landlord, please feel free to connect to our live chat service.