How To Make Personal Injury Claims Against Landlords

No tenant should ever expect to suffer an injury or illness when in the comfort of their home.  Our landlords actually have a legal obligation to ensure that the homes they rent out are safe for tenants and their visitors. If a landlord fails to comply with this obligation, and harm is suffered from this, personal injury claims against landlords can be made.

There are actually two types of claims that can be made for housing disrepair: a housing disrepair claim for just the actual issues within the rented property, and a personal injury claim for any harm that the disrepair has caused. This guide focuses on the latter.

Accidents in your home can be especially difficult to cope with and are very often unexpected. We understand these struggles, which is why we want to help you. There’s no obligation to make a landlord negligence claim with us once you’ve told us about your circumstances, but if you are eligible and wish to do so, we can connect you with a specialist solicitor for free.

Key Takeaways

• Housing disrepair is when a rented property needs certain repairs and poses a risk to the tenant’s health as a result.
• You could be entitled to make a personal injury claim for housing disrepair compensation if you were harmed because your landlord failed to take appropriate action to resolve known safety issues in your home.
• Your compensation can cover the way an injury/illness has physically, mentally, and financially affected you. 
• Ensure you check your rental agreement to confirm what your landlord is responsible for. 
• Our No Win No Fee solicitors have years and experience winning personal injury claims against landlords, and have won over £90 million in compensation across all of their clients. 

Can I Make A Personal Injury Claim Against Landlords?

Yes, you may be able to make a personal injury claim against a landlord if they were negligent, and you were harmed from this. 

Section 4 of the Defective Premises Act 1972 outlines how landlords can be deemed liable for both the housing despair itself, and the harm that’s been suffered from it. This can be demonstrated by proving the following:

1. Your landlord either knew about the disrepair, or they failed to adequately check for potential disrepair. 
2. Your landlord failed to fix the disrepair in a timely manner. 
3. The disrepair led to you sustaining an injury or illness.

For example, let’s say you sustained a serious leg injury due to the floor collapsing in your rented property. If your landlord took required precautions regarding the floorboards and regularly maintained them, then they may not be deemed negligent. But, if your landlord knew your floorboards were in disrepair yet refused to fix them, this is considered negligent, and they could be found liable for your injury.

If you believe the above criteria apply to you, please don’t hesitate to contact us today to discuss your circumstances. We can determine for free whether you’re eligible to begin the personal injury claims against landlords process. 

Type Of Personal Injury Claims Against Landlords?

The types of personal injury claims against landlords that can be made vary. 

Here are some specific examples of when a landlord can be deemed negligent, and when a personal injury claim can be made against them:

• You informed your landlord that your roof was leaking. However, they did not investigate this issue at all. 5 months later, you slipped and fell on the wet floor caused by the leak, leading to an ankle fracture. 
• The heating systems are broken in your home. Despite telling your landlord this a year ago, they failed to make any efforts to fix the heating. This causes you to suffer serious health consequences from the excess cold.
• You told your landlord that there was a broken banister on the staircase in your house. But, they failed to fix it. 3 months later, you tripped and fell down the stairs as you grabbed onto the broken banister, leading to a head injury. 
• Your landlord hasn’t performed a check on the electrical wiring in your home within the last 7 years. This causes you to suffer nerve damage in your hand and arm as you experience a serious electric shock whilst unplugging a device. Private landlords should test and inspect all electrical installations in their properties once every 5 years at least.
• An interior door had come off the hinges, but your landlord failed to repair it in a timely manner. The door subsequently fell on your child, causing crushing injuries.

If your landlord was negligent in similar ways to above, or in another way, please don’t hesitate to discuss your circumstances. You can get a claim eligibility check for free with no obligation to proceed with the personal injury claims against landlords process. 

What Are Some Common Injuries Sustained In Rented Properties?

Injuries that can be sustained in a rental property can range from minor to the most severe.

Some common injuries include (but are not limited to):

• Head injuries and brain damage.
• Amputations. 
• Bone fractures. 
• Nerve damage.
• Electrocutions and burns. 
• Cuts and bruises. 
• Sprains.

Common Illnesses Tenants Can Claim For

It is very possible for tenants to suffer illnesses due to toxic exposures, such as mould and damp. 

Some common illnesses include (but are not limited to):

• Chronic lung disease and respiratory issues, such as shortness of breath. 
• In the worst cases, fatality. 
• Carbon monoxide poisoning. 
• Cognitive impairment. 
• Mental health damage.
• Toxicosis.

You can claim for a lot of types of injuries and illnesses that result from landlord negligence. To tell us about how you’ve been specifically harmed in your home, please contact us today. 

How Much Injury Compensation Can I Claim From My Landlord?

The amount of housing disrepair compensation that you can claim from your landlord for a personal injury depends on the extent to which the injury has affected you. The different effects of an injury can be categorised into two different types of damages:

• General damages – the physical and psychological effects (such as changes to quality of life, pain severity, and how extensive the treatment is).
• Special damages – the financial effects.

General damages are often evaluated by comparing independent medical records to the Judicial College Guidelines (JCG), which is a document with guideline compensation brackets for all sorts of injuries and illnesses. 

In the table below, we have taken some injuries and illnesses from the JCG that could potentially be suffered as a result of housing disrepair. The only compensation figure that hasn’t been taken from the JCG is the very top figure. 

Please note that none of the figures in the table can be guaranteed since all personal injury claims against landlords have unique factors. Please speak to a member of the advisory team for a more accurate idea of how much compensation you could be awarded under general damages. 

What Other Damages Can Personal Injury Claims Against Landlords Cover?

As we have previously mentioned, special damages can also be covered in personal injury claims against landlords. Special damages reimburses all of the financial losses you’ve incurred as a result of your housing repair injury. This may include:

• Loss of earnings if you’re unable to work until you recover. 
• Medical expenses, such as prescription costs. 
• Domestic care costs, such as help with cleaning and cooking. 
• Travel costs from attending medical appointments. 

Special damages can only be claimed for if you have evidence, such as receipts and invoices, of your financial losses.

We can tell you more about how personal injury claims against landlords are calculated, and can give you a more personalised evaluation of your specific claim. Contact us today. 

What Do I Need To Prove My Landlord Was Negligent?

To prove that your landlord was negligent and liable for your injury, a vital piece of evidence to collect includes copies of your tenancy agreement. This can prove what your landlord is responsible for.

You should also try and collect:

• Copies of any correspondence you’ve had with your landlord, such as emails or letters, particularly if you have stated what problems need fixing. 
• Copies of your medical records to show what harm has been caused by the disrepair. 
• Photographs of any visible disrepair, such as damp or a broken pipe. 
• Contact details from anyone who witnessed you sustain your injury. They could be asked later on in the claims process to provide a witness statement. 
• Photographs of your visible injuries.

Our solicitors can help you collect your evidence. This is just one part of their services to make the personal injury claims against landlords process as simple for you as possible. If you connect with one of our solicitors, they can do the legal work for you while you sit back and focus your full attention on recovery. Contact us today. 

Is There A Landlord Personal Injury Claim Time Limit?

Yes – the personal injury claims time limit is usually 3 years, as stated in the Limitation Act 1980. The time limit commences from the date your housing disrepair injury was suffered. 

But, the time limit won’t commence right away for those who are:

• Younger than 18. 
• Lacking their mental capacity in full. 

This is because these claimants are unable to claim compensation for themselves until either:

• Their 18th birthday date.
• The date their full mental capacity is recovered.

A litigation friend can step in to make a claim on a claimant’s behalf while they’re unable to make their own claim. A litigation friend is a responsible adult, such as a loved one, appointed by the courts to act in the best interests of the claimant. 

If you would like further information on how to become a litigation friend, or about the personal injury claims time limit in general, we can help you. 

No Win No Fee Personal Injury Claims Against Landlords With Legal Expert

If you’re eligible for compensation, our solicitors can help make personal injury claims against landlords on a No Win No Fee basis. Specifically, through a Conditional Fee Agreement (CFA).

If you’re offered a CFA, you don’t have to pay any fees for your solicitor’s services:

• Upfront.
• While the entire claims process is ongoing. 
• If the claim is unsuccessful. 

Instead, if the claim is successful, your solicitor can keep a small percentage of your compensation. This small percentage is legally-capped at 25% and is called the ‘success fee’.

Here are just some of the services that our solicitors can provide under a CFA:

• Collecting evidence on your behalf. 
• Corresponding with your landlord all throughout the claims process, so you don’t have to. 
• Negotiating the best compensation figure possible for you, ensuring that all of the ways you’ve been affected by the harm have been considered. 
• Sorting your legal representation out for you if the claim gets sent to court. 
• Explaining legal jargon when necessary. 
• Sending you regular updates regarding the claim’s progress. 
• Finding rehabilitation specialists for you if necessary. 

If you would like to receive these services on a No Win No Fee basis, please contact us today. Our specialist solicitors want to help you as much as you can.

Contact Us

We understand that this may be a difficult time for you. The last thing we expect when we rent a property is for it not to be liveable. Our solicitors have the legal knowledge and experience to fight for the personal injury compensation you deserve. Simply have a free chat with us today to see whether a solicitor can connect with you:

More Information

Get more information from our similar guides:

• How to complain to the local housing authority.
• How to make a housing disrepair claim for damaged belongings.
• How much compensation you could claim for a faulty boiler.

These external pages could be useful for you also:

• Shelter – housing advice.
• Gov.UK – information on private renting repairs.
• Gov.UK –  good practice guidance on housing disrepair legal obligations.

We hope that you have found the information you were looking for in this guide on personal injury claims against landlords. If you still have any other questions, our team is available 24/7. So, please don’t hesitate to contact us today.