Claiming Against Your Landlord – Tenant Injury And Illness Claims

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.

Select A Section

A Guide To Claiming Against Your Landlord

Tenant injury claims guide

Tenant injury claims guide

If you have been injured or suffered an illness and you believe that your landlord was to blame, then you may consider claiming against your landlord. Your claim may be related to mould, damp, faulty plumbing, unsafe fixtures or something else. The important thing is, if you feel that your landlord has been negligent then they may be held liable for your injury. This guide offers comprehensive information on the duties and responsibilities of a landlord, common ways in which an injury can be considered a landlord’s fault and what you should do if you have suffered an injury which was the responsibility of the landlord. Please read on to find out more and if you have any further questions then please don’t hesitate to contact us at Advice.co.uk where our friendly team will be happy to offer further information.

What Claims Can You Make Against A Landlord?

As a tenant, you are dependent on your landlord to maintain your property to a certain standard. If you have been injured on the premises of your rental property and believe this to be the landlord’s fault then you can often make a claim against your landlord.

This will be a personal injury claim that is brought due to your landlord’s negligence and failure to keep the premises in a good state of repair. Your landlord is governed by legislation which sets out guidelines for renting out property. This is called the Landlord and Tenant Act 1985. The negligent actions of your landlord will be judged by the standards set by this Act.

One example is if you have developed a lung disease caused by mould that has been growing inside your home. Your landlord should maintain premises to a certain standard and should ensure that any mould is removed, particularly if you had explicitly told them that it was there. If the landlord fails to do so and you fall ill as a result then you could be successful in claiming against your landlord.

If however you are, unable to show that your landlord is responsible, then your compensation claim is less likely to succeed. For example, if you told your landlord that mould was growing in the premises and they took reasonable steps to have that mould removed, they are unlikely to be held responsible for any lung illness that you go on to develop.

We understand that this may seem complex and liability is at times tricky to prove. That is why Advice.co.uk are here to help you navigate the intricacies of the law.

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.

Body parts affectedMost serious outcomeMaximum compensation
Head injuryBrain damageUp to £379,100
EyesTotal blindnessIn the region of £252,180
ChestSerious lung and heart damageUp to £140,870
LungsLung damage including asbestos related injuriesUp to £127,530
NeckParaplegia or quadriparesisIn the region of £139,210
BackSpinal cord damageUp to £151,070
ShoulderDamage to brachial plexusUp to £45,070
ArmsLoss of limbsUp to £281,520
ElbowsDisabling injuryUp to £51,460
WristLoss of functionUp to £56,180
HandLoss of functionUp to £189,110
FingersLoss of fingers or loss of functionUp to £34,480
LegsLoss of limbsUp to £264,650
KneeSerious injuryUp to £90,290
AnklesExtensive damageUp to £65,420
FeetComplete amputationUp to £189,110
ToesAmputationUp to £52,620

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.

Accident typeLimit
Workplace, road accident, slip or fall, medical3 years from the actual date of the incident - 3 years from knowledge date (the date you became aware of the injury)
Criminal Injuries Compensation Authority2 years from the actual date of the incident
ChildrenParent claiming; till the child turns 18. Child has ability to claim up to three years in most cases from their 18th birthday.
Brain injuryThe 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.

What Steps Should I Take To Start My Claim

Before claiming against your landlord there are a number of things that you can do to improve your chances in a rented property disrepair court case.

The first thing you should do is check that you are claiming within the personal injury claims time limit – as above, that is usually 3 years. This 3 years begins either from the date of the incident or the date of diagnosis if your illness or injury became evident at a later date. If you are eligible to claim then the best thing you can do is collect evidence.

  • Compile a list of witnesses. If anybody was with you at the time that you were injured, they could provide crucial evidence at a later date. We do understand however that this is not always easy. If you are home alone then of course nobody would have been witness to the accident.
  • Try to establish in what way your landlord was liable. Is there a specific duty of care that your landlord has breached? Was there a repair that your landlord was asked to do but failed to respond to?
  • See a doctor about your injuries. Having your injuries documented in your medical record is important both to ensure you receive the right treatment and also to use as evidence.
  • Take photographs of the area in which the incident occurred. If for example your trip or fall was caused by faulty flooring, then take a picture of the flooring at the time of the accident.

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.

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.

Page by OS

Published MA.