Learn How To Claim Compensation From Your Landlord

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How To Claim Compensation From Your Landlord

By Stephen Hudson. Last Updated 7th October 2024. In this guide, we explain how you could potentially claim against your landlord if you have been harmed by landlord negligence.

Landlords (including housing associations and local councils) have a responsibility to ensure that the homes they lease are safe for the people who live in and visit them.

If a landlord is aware of a safety issue at a home they are leasing but they fail to take appropriate action, then they may be considered negligent. This lack of response can put residents or visitors of the home in danger of harm.

This may include physical injuries and emotional distress. Those who are harmed because of negligence by a landlord may have grounds to claim against them.

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A man with a broken leg in plaster propped up.

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Claiming Compensation For An Accident That Was The Fault Of Your Landlord

When you are considering claiming compensation from your landlord, one of the most important considerations is whether or not your landlord has acted in a negligent manner.

The issue of how to prove landlord negligence can be confusing without research and a good understanding of the British legal system.

Different types of landlords, such as private landlords, can only be considered responsible for your accident if they have acted negligently by ignoring the standards set by the Landlord and Tenant Act 1985.

If they are not in breach of this act, nor the duty of care they have towards housing association tenants or private tenants such as yourself, then they likely cannot be considered legally responsible for your accident. If your landlord breaches their duty of care, then you may be able to claim.

To highlight the difference, please consider the following example. You have suffered a serious leg injury as a result of the collapsing floor of your rented property.

While you may believe your landlord to be responsible for damaged items, if they took the required precautions concerning the floorboards, such as having them regularly maintained, then they may not be acting in a negligent fashion.

However, if your landlord refuses to make repairs to the floor then they could be considered responsible as a result of negligence. In order to determine landlord negligence, a court hearing may be required.

Tenant Personal Injury Claims Against The Council

According to the Government, local authorities in England alone owned 1.59 million homes in 2018.

If you are living in a council-owned property and believe you could make a tenant injury claim, you may be scared of challenging the authority of your local council and potentially losing your housing. However, you should not live in fear of making your tenant injury claim.

With regard to such claims, the tenant injury procedure for the council is identical and your local authority is treated exactly the same as any other landlord would be.

If you believe that you have a valid tenant injury claim against the council, you should follow the same steps highlighted in this guide.

Firstly, prioritise the gathering of evidence to support your claim. Then, contact a Claims Service such as our company that is experienced in dealing with tenant injury claims against local councils.

If you’re wondering how to claim compensation following landlord negligence, please read on.

Top Tips On How To Claim Compensation From Your Landlord For A Personal Injury

In this section we’ve detailed some tips on how to claim compensation from your landlord. As with any other type of claim, getting proof of whatever you’re claiming for is key. Our top tips are as follows:

  • Identify the problem, making sure that is an actual fault that needs to be resolved.
  • Collect evidence of the fault. Take photographs or video of the fault as well as any additional damages caused by it such as plaster peeling away or ruined carpets for example.
  • Contact your GP and establish if you are suffering from any health issues as a result of the problem. You have the legal right to request your medical records.
  • Inform your landlord of the issue and present your evidence in writing.
  • If your landlord fails to resolve the issue, contact us to see about making a claim.

To ask our advisors the question, “Can I sue my landlord?” or to get a free assessment of your eligibility to claim, contact our team today using the details provided below.

How Long Do I Have To Claim Personal Injury Compensation From My Landlord?

You might be wondering how long you have to start a landlord negligence claim. Generally, when claiming for a personal injury, you will have three years to begin proceedings.

This is set out by the Limitation Act 1980, which also outlines the exceptions to this rule.

However, if you are intending to claim compensation from a landlord for housing disrepair, this time limit differs. In this instance, you will generally have 6 years to begin legal proceedings.

Contact our team today to learn more about the time limit for suing a landlord for either a personal injury or due to housing disrepair.

How To Claim Compensation From Your Landlord

Whether you want to sue your landlord for emotional distress or physical injuries, you need to be able to prove that landlord negligence occurred. To do this, you’ll need to collect evidence that supports and strengthens your case.

This could include:

  • Photographs of your injuries or of the accident site.
  • Correspondence between you and your landlord that could prove they were acting negligently.
  • Medical records, or the results of an independent medical examination
  • Witness statements from anyone who witnessed the accident. While you can’t collect these yourself, a solicitor can do it for you.
  • Bank statements, receipts, or invoices that show any financial losses you’ve suffered because of your injuries.

If you choose to sue your landlord with a solicitor, they can help you collect relevant evidence and prove your claim. Contact our advisors today for more information on the question, “Can I sue my landlord?” or keep reading to find out more.

Compensation Payouts For Injuries Caused By Landlord Negligence And Emotional Distress

Further to explaining how to claim compensation from your landlord, our advisors can also offer detailed guidance on what compensation you could receive in a successful landlord negligence claim.

In summary, a payout can be split into payments under up to two heads of loss. The main head is called general damages and will always form some part of the compensation award.

General damages compensate for pain and suffering caused by negligence. For example, you could claim against a landlord for a head injury caused by their negligent actions and receive a payment under the general damages head of loss. Our advisors are also asked, “Can I sue my landlord for emotional distress?” If the case meets the eligibility criteria we discussed earlier, you could claim for psychological pain, and the compensation would also come under general damages.

The people responsible for calculating a payment under this head of loss can check the guideline compensation amounts shown in a document called the Judicial College Guidelines (JCG). Check out the section below for an idea of different payouts as estimated by the JCG. Please note, however, that the first point listed has not been taken from the JCG.

Compensation Brackets

A compensation settlement that accounts for multiple serious injuries, in addition to significant financial losses, could go up to £1,000,000 or above. However this, like the brackets below, are just a guide.

  • The compensation range for a very severe head injury that requires the person to need full-time care is £344,150 to £493,000.
  • Severe leg injuries that are so serious the courts award damages at a similar level to that of a below the knee amputation can attract a payment of £117,460 to £165,860.
  • For those who are wondering, ‘how much can I sue my landlord for emotional distress’, the JCG guideline for the most severe psychiatric damage is £66,920 to £141,240.
  • A moderately severe case of psychiatric damage can attract a payment in the range of £23,270 to £66,290.
  • The JCG gives a guideline value for the most severe Post-Traumatic Stress Disorder (PTSD) cases to be £73,050 to £122,850.
  • In a moderately severe case of PTSD, the bracket is £28,250 to £73,050.
  • Should you suffer lung disease such as emphysema, you could receive a payment in the range of £66,890 to £85,460.
  • Severe and permanent asthma cases have a guideline award of £52,550 to £80,240.

What Are Special Damages?

The second head of claim is called special damages. This compensates you for the financial losses you endured as a result of your injuries.

For example, if you were electrocuted as a result of faulty electric wiring in rented accommodation, this could prevent you from working while you recover. In this case, you could potentially claim back any lost earnings under special damages.

This head of claim can also help you cover the costs of:

  • Home adjustments.
  • Travel costs.
  • Medical expenses, such as prescriptions.
  • Help with cooking and cleaning.
  • Childcare.

However, you have to prove these losses in order to claim them back. Because of this, it can be helpful to keep any relevant invoices or receipts, for example.

To learn more about making a personal injury claim as a social or private tenant, contact our team of advisors today. They can offer more information surrounding the claims process.

Can You Make A No Win No Fee Claim For A Personal Injury Caused By Landlord Negligence?

If you are eligible to claim against your landlord for injuries, then we recommend you do so with the support of an experienced solicitor.

If you contact our advisors about claiming compensation, then they could assess your case, and they may then connect you with one of our experienced No Win No Fee solicitors.

Our No Win No Fee solicitors can support injury claims against a landlord under a Conditional Fee Agreement (CFA).

When claiming under this type of agreement, you won’t need to pay any upfront or ongoing fees to your solicitor for their services. This can help with the burden of legal costs.

Also, you won’t need to pay your solicitor for their work if your claim proves unsuccessful.

If your claim is a successful one, then your solicitor will receive what’s called a success fee. This means your solicitor will take a small, legally capped percentage of the compensation awarded to you.

Contact Our Team

For more advice on making a landlord compensation claim with a No Win No Fee solicitor, you can reach our advisors by:

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More Helpful Personal Injury Guides

We hope our guide on making a landlord compensation claim has proven useful. If you still have any questions about suing a landlord in the UK, then you can speak to our advisors online or on the phone using the contact details in this guide.

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    • Patrick Mallon legal expert author

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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