How To Make A Compensation Claim Against A Landlord

Making a compensation claim against a landlord involves taking legal action to secure personal injury, housing disrepair or data breach compensation after suffering due to your landlord failing to meet their legal obligations. Landlords have a legal responsibility to protect their tenants’ health and safety while tenants live in their property. This applies to private tenants living in a property owned by a private landlord, housing association and council tenants.

If landlords fail to adhere to relevant legislation regarding tenant health and safety, disrepair or their personal data, the tenant can be harmed. For example, they allow the property to fall into a state of disrepair, resulting in tenants sustaining serious breathing difficulties from untreated leaks leading to mould. Tenants deserve to live in a safe home, so if your landlord failed to make certain repairs in a timely manner, we encourage you to start the claims process with us today.

Here at Advice, our advisors are available around the clock to answer any questions you may have. Our advisors take pride in helping potential claimants by providing fast and clear guidance so that you are equipped before embarking on the tenant compensation claim process. More specifically, our advisors can answer questions about your claim’s eligibility, compensation, and provide logistical guidance on how to claim.

Our solicitors will offer their legal services on a No Win No Fee basis, so you can start your claim without delay and have financial transparency throughout. If you are interested in working with one of our solicitors, please get in touch using the contact information below:

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• Call us for free on 0161 509 2856
• Contact us online
• Text us using our live chat feature. Don’t worry, we don’t use chatbots!

Frequently Asked Questions

1. Can Compensation Be Claimed Against A Landlord?
2. Examples Of How Landlord Negligence Can Lead To Claims
3. What Injuries Can You Make A Compensation Claim Against A Landlord For?
4. How Much Compensation Is Awarded When Claiming Against A Landlord?
5. What Is The Process For Claiming Against Your Landlord?
6. Make A Compensation Claim Against Your Landlord With Advice’s Solicitors
7. Learn More

Can Compensation Be Claimed Against A Landlord?

Yes, you can make a compensation claim against a landlord. This can apply in a claim for damage to your personal belongings, an injury suffered caused by housing disrepair, or a breach of your personal data. Notably, it’s important that you are aware of these 3 types of claims, as you can make one, two or all three.

Below, we take a look at the 3 main avenues regarding claiming against your landlord:

Claiming Against Your Landlord For Housing Disrepair

You can claim against your landlord for housing disrepair, specifically for damage to personal belongings and financial losses.

Landlords have a legal responsibility to keep rental properties in a reasonable state of repair. Under the Landlord and Tenant Act 1985, they must maintain both the structure and the exterior of the property, and ensure that installations for water, gas, electricity, sanitation, heating, and hot water are functioning properly.

Please take a look at some examples of what you can claim below:

• Furniture
• Clothes
• Carpets
• Bedding electrical appliances
• Sentimental items, for example, photographs
• Losing the enjoyment of living in your home
• Having to live in hotels temporarily due to the extent of disrepair

Claiming For Injuries Caused By Landlord Negligence

Tenants or visitors can also claim personal injury compensation if a landlord’s negligent actions directly cause them to suffer an injury or illness.

Notably, landlords must ensure that the property is reasonably maintained and safe for tenants and lawful visitors. This duty is supported by a piece of legislation called the Defective Premises Act 1972.

You can claim for a variety of different injuries and illnesses, ranging from a broken ankle sustained from tripping over uneven flooring to health complications from carbon monoxide poisoning due to living with broken carbon monoxide detectors.

We go into much greater detail on the different types of injury and illness you can claim for when claiming against your landlord, further down in this guide.

Claiming Compensation For A Landlord Data Breach

In order to rent out their property, your landlord will process the personal data of tenants and guarantors. However, laws regarding personal data must be followed by any organisation that processes it. So if your landlord collects data about you, such as your name, address, phone number and any other data they need to carry out their duties as landlord, they must do so in a secure manner. If they are saving or processing it in any other manner, they must also do so in a secure and compliant manner. Failure to do so could result in a data breach. If you suffer financial or emotional harm due to their failure to adhere to relevant data protection laws, you could be entitled to compensation. Find out more in our guide to making a landlord data breach claim.

If you require immediate guidance from a trusted advisor, please contact us at your earliest convenience. They will assess whether you can make a compensation claim against your landlord and can connect you to a solicitor specialising in such claims.

Examples Of How Landlord Negligence Can Lead To Claims

In this section, we provide examples of how landlord negligence can lead to claims such as faulty plumbing causing breathing difficulties, poor structural integrity leading to head injuries and inadequate ventilation.

Please find examples below of landlord negligence and the harm that can be directly caused by it:

Landlord Fails To Carry Out Repairs

• A landlord fails to complete regular gas checks on the property, so a faulty boiler remains unnoticed, resulting in the need to stay in a hotel until it can be repaired.
• A landlord fails to carry out planned maintenance to the exterior, leading to a leak that damages personal property.
• A landlord fails to act on a report of a bath leak, resulting in mould growing on personal items.
• A landlord carries out repairs that are of poor quality in an attempt to save time and money.

Housing Disrepair Leading To Personal Injury

• Uneven flooring leading to trips and falls
• Water from a leaky boiler, resulting in a tenant slipping
• Mould build-up leading to a tenant suffering from respiratory issues
• Cheap materials are used in a roof repair, resulting in a crushing accident from a ceiling collapse

Need to talk to an advisor about making a compensation claim against your landlord? Connect with an advisor today to get immediate access to a free consultation.

What Injuries Can You Make A Compensation Claim Against A Landlord For?

The injuries you can claim compensation against a landlord for are vast and can range from a broken finger to more serious injuries, such as lung damage.

Please find below examples of injuries and illnesses you can claim compensation for:

• Broken bones and soft tissue damage caused by slips, trips and falls
• Asthma, bronchitis and infection
• Brain damage and cardiovascular complications due to carbon monoxide poisoning
• Burns from electric shocks due to bare wires or faulty electrical systems
• Scalds from boiling water due to defective plumbing
• Crush injuries sustained from structural collapse involving ceilings, walls and fixtures
• Cuts and lacerations caused by broken glass in windows and doors
• Pest-related injuries and diseases from rodents and insects, for example, rat bites or skin reactions from bed bugs

If your personal data was breached by your landlord, you can claim for any emotional distress caused by this. Furthermore, if the failure to repair your rental home in a timely manner caused mental suffering, you can claim for this.

Have you suffered from one of the above instances of harm due to the negligent actions of a landlord? You might have an eligible compensation claim against your landlord. Ring us today to confirm this.

How Much Compensation Is Awarded When Claiming Against A Landlord?

The amount of compensation that is awarded when claiming against a landlord for personal injury is dependent on the type of injury or illness you have suffered, the severity and whether you have incurred financial losses.

Legal professionals will typically refer to the Judicial College Guidelines (JCG) to calculate general damages for their clients. This head of claim compensates claimants affected by landlord negligence by covering the pain and suffering they experienced as a result of their injury or illness. Notably, this also includes any mental anguish they have suffered, such as anxiety, depression or PTSD.

The JCG is a document containing a comprehensive list of instances of harm, severity levels, and suggested compensation brackets. Solicitors will often use this document to help them calculate general damages referenced above. Please have a look at the bullet point list below. It contains figures from the JCG on the types of harm that may result directly from a landlord’s negligent actions.

The first entry has not been sourced from the JCG. Moreover, we intend for this bullet point list to be used for guidance only when taking into account your own personal injury compensation.

Compensation Brackets

• Multiple Severe Injuries With Special Damages – Multiple severe injuries where also awarded special damages, including things such as child care costs, private medical expenses and loss of earnings – Up to £1 Million+
• Brain & Head injury (Very Severe) – There may be some ability to follow basic commands; however, full-time nursing will be required – £372,570 to £533,720
• Brain & Head Injury (Less Severe) – All normal functions may not have been fully restored – £20,240 to £56,890
• Scarring to Other Parts of the Body – The injured person will have suffered burns covering 40% or more of the body – Likely to exceed £138,490
• Back (Severe iii) – This level of award covers cases involving disc lesions or fractures of discs or of vertebral bodies or soft tissue injuries – £51,230 to £92,130
• Wrist (a) – The injured person will have suffered a complete loss of function to the wrist – £62,910 to £79,080
• Arm (Injuries Resulting in Permanent and Substantial Disablement) – The injured individual will have suffered serious fractures of one or both forearms, where there is significant permanent residual disability, whether functional or cosmetic – £51,750 to £79,080
• Chest (c) – The injured person will have suffered damage to the chest and lungs that results in a continuing disability – £41,370 to £72,440
• Knee (Severe iii) – The claimant’s knee injury will have developed into a disability that is deemed less severe compared to others in this bracket – £34,600 to £57,410
• Ankle (Moderate) – The injured person will struggle to walk on uneven ground due to fractures and ligamentous tears – £18,150 to £35,130
• Shoulder (Serious) – The claimant will have suffered a dislocated shoulder and damage to the lower portion of the brachial plexus – £16,870 to £25,370

Can I Claim Against My Landlord For Special Damages?

Yes, you can claim against your landlord for special damages if you can prove that you have encountered financial losses, such as medical and travel expenses, as a direct result of your injury or illness.

Please find examples of different financial losses that can be claimed for under special damages:

• Loss of wages, for example due to time off work to recover from your injury or illness and waiting for a repair to be carried out.
• Loss of future earnings, such as missed bonuses or promotional opportunities.
• Damage to furniture and personal belongings.
• Costs of gratuitous and professional care.
• High electricity bills due to running dehumidifiers for mould treatment.
• Expenses incurred for the necessity of physical aids, such as a nebuliser, inhaler or crutches
• Bills from cleaning services due to water damage.

If you would like your solicitor to put you forward to receive special damages, you must first be able to prove that you incurred financial losses in the first instance. Specifically, you will need to provide your solicitor with evidence using payslips, receipts and invoices.

Do you think you are entitled to receive special damages? Ring us today to secure a free consultation to discuss this.

How Much Can I Claim For Disrepair?

How much you can claim for disrepair will vary from case to case depending on your losses. You may be able to claim for the inconvenience or not being able to use your home in the normal manner as a result of your landlord’s failure to carry out repairs. For example, if a leaking exterior caused damage to the roof and a ceiling collapsed in the master bedroom. You can claim for the inconvenience of having to sleep on a sofa in the living room.

Additionally, you may be entitled to an abatement. This is a reduction or refund of rent. How much compensation you can seek will depend on how much of your home is uninhabitable.

An advisor can discuss how much compensation you could be awarded for landlord negligence, housing disrepair and explain how compensation is awarded in data breach cases.

What Is The Process For Claiming Against Your Landlord?

The process for claiming landlord negligence compensation involves gathering as much evidence as you can, such as your medical records and photographs of any property damage, as well as adhering to the legal time limit.

We know that the claims process can be intimidating, especially when you’re very new to how everything works. Don’t worry, the process is linear, and if you decide to work with a solicitor, the majority of the work will be completed for you.

In the meantime, we have provided you with step-by-step guidance on the claims process so that you have a framework to work with.

Step-By-Step Guidance

• Get Medical Help as Soon as You Can: Your medical records detailing the injury or illness in question can be used as evidence as part of claiming against your landlord.
• Secure Information and Proof About the Incident: Please collect as much information and evidence as you can, such as video footage of mould in your rented property, a copy of your rent agreement and contact details of flatmates for witness statements. If claiming for housing repair alone, be sure to photograph your damaged property.
• Make an Official Record of What Happened: You can create an official record of what happened by emailing your landlord about what happened or by contacting your housing ombudsman at the Housing Ombudsman Service.
• Keep A Diary About Your Injury and Losses: By writing down the physical and psychological effects of your pain and suffering, as well as any financial impacts you have encountered will provide a more three-dimensional picture of the extent of harm.
• Get Advice From a Solicitor: Securing professional legal guidance will drastically improve the likelihood of your claim being successful and will also increase the amount of compensation.
• Adhere To The Time Limits: This will vary depending on whether you are making a personal injury, housing disrepair or data breach claim. Phone an advisor to check to see if you are still within the time limit.

For more information on the claims process, please refer to our guides on the evidence needed for a personal injury claim and what is the personal injury claim time limit.

Do you have questions about the process of making a compensation claim against your landlord? Our advisors are available around the clock to provide you with the help you need. Call us today.

Make A Compensation Claim Against Your Landlord With Advice’s Solicitors

Making a compensation claim against your landlord with Advice’s solicitors will give you the best chance to secure the compensation you deserve. This is because our solicitors provide their legal services to eligible claimants on No Win No Fee terms and provide robust advice and support. To find out more about the No Win No Fee funding option and the support we have available, please continue reading.

Why Choose Advice When Pursuing A Landlord Claim

Choosing Advice when pursuing a landlord claim gets eligible claimants immediate access to a robust range of exciting services. Here at Advice, pastoral care matters to us as we believe it dramatically improves client experience during the claim process.

To give you a clearer picture of what we do for our clients, we’ve provided some examples for you to consider. We will:

• Secure for you any rehabilitation needed for your recovery, for example, medical treatment that might not be available on the NHS.
• Ensure that if you are running side-by-side claims, i.e., personal injury and housing disrepair, that everything is filed on time and fully supported with relevant evidence.
• Gather evidence on your behalf so you can focus on the more important thing such as your health and spending time with loved ones.
• Guarantee that all damages and losses are accounted for in relation to the value of your compensation.
• Negotiate with the defendant’s solicitors and provide you with detailed reports of what transpired during discussions.
• Explain how everything works from translating the legal jargon to explaining how legislation works in relation to your compensation claim.

Can I Claim Against My Landlord On A No Win No Fee Basis?

Yes, you can make a compensation claim against your landlord on a No Win No Fee basis under a contract called a Conditional Fee Agreement (CFA).

What a CFA offers is the chance to access top legal representation without paying a solicitor’s fee:

• Upfront,
• While the claim moves through the process,
• If you aren’t awarded compensation.

It is when a claim is successful that a solicitor takes a fee. This is known as a success fee and it will be deducted directly from your compensation as a percentage. Not only is your percentage pre-agreed and fully explained to you before the claim starts, but the Conditional Fee Agreements Order 2023 restricts the percentage. This translates as you keep the majority of your compensation.

Here at Advice, we provide a tailored, client-centred approach to each claimant we work with. This ensures that our clients get the most out of their experience with us and also sets claims up for success. If you are looking for professional legal help that genuinely cares about both you and your claim, get in touch using the contact details below:

Contact Our Solicitors To Claim

• Call us for free on 0161 509 2856
• Contact us online
• Text us using our live chat feature, where a dedicated advisor will greet you and not a robot!

Learn More

Read some more guides we have written here:

• Read our guide on tenants’ rights to compensation for improvements.
• Take a look at our guide on making a housing disrepair claim.
• Have a read of our guide on how to make a landlord data breach claim.

Read these external resources to broaden your knowledge and research:

• Here you will find guidance on tenant rights from GOV.UK.
• Information on the Right to Repair Scheme from Citizens Advice.
• Check your eligibility for Statutory Sick Pay (SSP) from GOV.UK.

Thank you for taking the time to read our guide on making a compensation claim against your landlord. Please address any further questions to an advisor or get in touch to start the claiming process today.