Claiming Against Your Landlord – Tenant Injury And Illness Claims

By Lewis Lennon. Last Updated 9th August 2023. As a tenant of either a private landlord or a local authority, you rely on that landlord to ensure that your rented accommodation is safe and fit for purpose. If a landlord fails in their duty of care to provide a safe dwelling, then you may be able to claim compensation for any personal injury caused as a result of your landlord’s negligence. This can include floors, walls and ceiling in disrepair, mould growth and faulty plumbing. If you have been injured or suffered an illness as a result of a property that was left in disrepair by a negligent landlord then contact Advice.co.uk on 0161 696 9685 to find out how to proceed. This guide will also offer further advice about instances in which a landlord may be found negligent for your injuries, and the steps you can take as a result.

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How To Claim Compensation From Your Landlord

Tenant injury claims guide

Tenant injury claims guide

A rental property has to be made practically safe and free from health hazards before it is made available to a tenant. If there is disrepair in such a property (disrepair or damage that could pose a risk to your health), it may be your landlord’s responsibility to fix or address these issues. If your landlord does not take sufficient actions to either look for, or address these hazards, they may be found liable.

This is a guide to claiming compensation against a landlord for negligence. Our guide will look at the key pieces of legislation in place to protect tenants alongside the responsibilities it places on a landlord, and the duty of care they owe to you in general.  It will detail different ways that this duty can be breached and explain the actions you could take to help you successfully claim compensation against your landlord.

If you have any further questions, you can get in touch with our legal advisors at any time. They can speak to you for free about any matters you have regarding your injuries and potential claim.

Examples Of Landlord Negligence

You might be wondering, ‘What is landlord negligence?’ A landlord has a duty to take reasonable care of the premises that they control under the Landlord and Tenant Act 1985. If your landlord breaches this duty of care and causes you harm, you may have grounds to make a landlord negligence claim.

Some examples of landlord negligence could include:

  • Your landlord fails to prevent dampness and mould from accumulating in your flat, therefore causing you to suffer from respiratory problems.
  • You sustained an electric shock injury because your landlord did not fix faulty wiring in your home.
  • Your landlord failed to maintain the interior structure of your home, causing a part of the kitchen ceiling to fall on you and you to suffer a head injury.

Remember, you must be able to prove that your landlord breached their duty of care in order to make a claim for compensation.

If you are unsure whether a landlord has acted negligently or whether you may have a valid claim, you can contact one of our advisors today.

How Much Compensation Can You Claim From A Landlord?

This alternative to a standard personal injury claims calculator looks at the worst possible outcome for each part of your body following an injury caused by your landlord. There are of course lots of varying levels of severity below these ones. For a more accurate estimate of a compensation payout that you may be eligible to receive, we recommend speaking to a personal injury lawyer who will be able to base this estimate on your specific details.

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Injury Notes Maximum compensation
Multiple Severe Injuries + Special Damages A combination of multiple severe injuries and significant financial damages, such as lost earnings, the cost of home adjustments, and the cost of counselling and medication. Up to £1,000,000+
Very Severe Brain Damage There is a need for full-time nursing care, because the claimant shows little to no meaningful response to the environment surrounding them and has little if any language function remaining. £282,010 to £403,990
Moderately Severe Brain Damage There is a substantial dependence on others as a result of a significant cognitive or physical disability, and a need for full time care. £219,070 to £282,010
Severe Back Injuries The most severe back injuries, including damage to the spinal cord and nerve roots resulting in significant disability, pain, and potential paralysis. £91,090 to £160,980
Severe Arm Injuries Injuries that are very serious and disabling but fall short of amputation. £96,160 to £130,930
Severe Leg Injuries (i) The most serious leg injuries that fall short of amputation, such as extensive degloving. £96,250 to £135,920
Chest Injuries (c) Damage to the chest and lungs, resulting in some level of disability. £31,310 to £54,830
Digestive System (iii) Penetrating wounds, such as serious seat-belt pressure injuries. £6,610 to
£12,590
1+ Whiplash Injuries Symptoms that last between 18 and 24 months £4,345
1+ Whiplash Injuries & 1+ Psychiatric Injuries Symptoms that last between 18 and 24 months £4,215

What Can My Claim Compensate Me For?

When claiming against your landlord there are a number of types of damages you can pursue.  These are split into what are known as general damages and special damages.

General damages

General damages compensate you for any non financial losses you have suffered as a result of your landlord’s negligence. This includes any illness or injury you have suffered if for example your rented property has fallen into disrepair. The amount of compensation you receive will depend on the severity of your illness and injury and the duration of your symptoms. The more serious the illness or injury and the longer it lasts, the larger the payout will usually be.

Special damages

Medical costs

From time to time you may incur out-of-pocket expenses when seeking medical treatment for your illness or injury. This could include any prescription costs, post illness therapy costs or even private healthcare if you have been seen outside of the NHS.

Travel costs

You may be able to claim back the cost of transport or petrol for any journeys you have made that are directly related to your illness or injury. This can cover things like hospital appointments.

Loss of earnings

If you have been unable to attend work as a result of your illness or injury then you may be eligible to claim back any earnings that you have lost out on as a result. If your injury or illness are so severe that you will never be able to return to the same duties as before, you may also be able to make a claim for loss of future earnings.

Care costs

If your injuries were so debilitating that you have been unable to carry out daily tasks around the home then there may be an award for any costs of additional help that you have been forced to pay for.

Common Injuries And Illness Tenants Can Claim For

If you are considering claiming against your landlord then it may help you to know that there have been many successful claims of compensation for poor conditions in rental accommodation. The most common injury claims that are made include:

  • Scalds and burns that are caused by faulty plumbing. If the plumbing systems in a rental property are not maintained and repaired to an appropriate standard this can lead to leaky pipework or overheated water that scalds your skin. If you have been scalded or burnt as a result of faulty plumbing then contact Advice.co.uk to begin your claim.
  • Trips and falls are common in rental properties where floors have not been properly looked after or repaired. Rotten floorboards, uneven surfaces and frayed carpets can cause trips and falls which may result in a serious injury such as broken and fractured bones, sprains and even spine and head injuries.
  • Injuries caused by falling objects such as crumbling ceilings or overhead beams. Accidents such as these can lead to devastating head injuries. If you have experienced an injury as a result of a falling object in your rental property then you may be able to claim compensation for disrepair.

There are many other injuries and causes suffered by tenants that are not listed here. If you are in any doubt as to whether your injury in a rental property may be eligible for a compensation claim then please contact Advice.co.uk today. We have experts in this area of personal injury and will be able to advise you accordingly.

Claiming For Injuries Or Illnesses As A Council Tenant

If you are a council tenant then you have as much right to claim compensation for poor conditions as a tenant of a private landlord does. More than 16% of the UK’s population live in council properties. If you are one of them, please do not feel intimidated by making a claim against an organisation as large as your local authority. Our company can and will help you navigate the legal framework and connect you with a personal injury lawyer/s to achieve the payout that you are entitled to. Local authorities are insured against claims such as these and so your compensation payout will not disadvantage anybody else in the community.

A local authority is subject to the same standards as any other private landlord and will be held accountable in the same way. Contact us today if you wish to find out more about making a claim against your council landlord.

Claiming For Injuries Or Illnesses As A Private Tenant

As a tenant asking for compensation from a landlord you may feel overwhelmed by the requirement to prove liability. You may feel sure that your injury or illness was due to the negligence of your landlord but feel ill-equipped to show that this was the case in the eyes of the law. We are very familiar with the process of proving liability and using our professional services will ensure that you are connected to a solicitor that could help you to maximise your compensation payout.

What Duty Of Care Does My Landlord Owe Me?

A landlord’s duty of care is laid out in legislation called the Landlord and Tenants Act 1985. This very clearly states the standards that a landlord must meet if renting out property to tenants. If a landlord fails to meet these standards and it can be proved that they have acted in a negligent manner then you should be able to show liability for an injury or illness that occurred as a result.

You do however need to prove that the landlord has breached the terms of the Landlord and Tenants Act. If the landlord has in fact been maintaining the property to a reasonable standard then you are unlikely to be successful in your claim.

A good understanding of the legal system is essential to ensuring that you secure the damages that you are entitled to following an injury caused by your landlord’s negligence. We would therefore recommend that you contact Advice.co.uk and take advantage of the extensive legal knowledge possessed by our team.

How Long Will It Take To Claim Compensation From My Landlord?

The standard personal injury claims time limit is usually 3 years but in exceptional circumstances, the court may extend this. We can help to let you know the limits specific to your case.

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Accident type Limit
Workplace, road accident, slip or fall, medical 3 years from the actual date of the incident – 3 years from knowledge date (the date you became aware of the injury)
Criminal Injuries Compensation Authority 2 years from the actual date of the incident
Children Parent claiming; till the child turns 18. Child has ability to claim up to three years in most cases from their 18th birthday.
Brain injury The time limit for those who lack mental capacity does not apply until they have recovered.

In terms of how long it actually takes to achieve the compensation payout, cases can vary. While many claims are settled fairly quickly, the more complex your claim the longer it will likely take. We can offer more advice on this if you call our advice line.

Evidence You’ll Need To Claim Against Your Landlord

If you suffered injuries or ill health due to landlord negligence, you might be able to claim compensation. However, you will need to prove that your injuries or illness were the result of your landlord failing to adhere to the duty of care they owe you. We explained the duty your landlord owes you above.

Evidence that might be useful in a claim against a landlord includes:

  • Photographs of the damage to your home. For example, if a leaking drain is allowing water into your home, you can submit photographs of this.
  • Records of repair requests. Any correspondence between yourself and your landlord regarding repairs could be submitted. For example, you may have requested a repair using email or a text message.
  • Your medical records. For example, if you are claiming compensation from your landlord for mould-related health problems, such as breathing difficulties or skin conditions, you can submit your medical records.

If you would like more information about how to claim compensation from your landlord, call our advisors. They can answer your queries for free 24 hours a day, 7 days a week. Additionally, they can assess whether your claim is valid. Should it seem eligible you could be passed onto one of the No Win No Fee solicitors from our panel.

No Win No Fee Claims Against A Landlord

Advice.co.uk can tell you about the ins and outs of a no win, no fee service. The claimant is not liable for any upfront costs at all. If the claimant is successful in winning their case then the solicitor’s fee will be taken from the final payout. If they are unsuccessful in their claim then no solicitor’s fee is payable at all.

How Our Advisors Can Help You

Advice.co.uk understand that their clients will be experiencing a difficult and stressful time following an illness or injury caused by landlord negligence. We therefore seek to make the claims process as straightforward and stress-free as possible. We do this by offering support and advice and connecting you with those that can help you. We believe that our professional insight and years of experience offer a very good chance for you to win the compensation you deserve.

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Contact our team by email, phone, or post. Our team will assess your claim. Once you are ready, we can then start your claim.

How To Contact Us

Wherever you are based in the UK, if you wish to make a personal injury claim then Advice.co.uk are the professional experts to help you do so. Call us today on 0161 696 9685 or contact us via our website. We look forward to hearing from you.

To Find Out More

GOV – What to do about private rent complaints – Renting complaints can be complex, so this government advice might be useful.

Council tenants – If you want to make a complaint as a council tenant, this page should give you advice.

Housing association – A similar page for housing association tenants.

Ombudsman – The housing ombudsman can sometimes help those who have housing issues.

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