By Danielle Griffin. Last Updated 22nd March 2023. Welcome to our guide on personal injury claims against a landlord, also referred to as housing disrepair claims. We hope our guide on how to claim compensation from your landlord after an injury that wasn’t your fault helps. Suppose you are a tenant in a rented property and have sustained an injury after an accident at home that was because of the negligence of your landlord. In that case, you may be eligible to claim landlord compensation for inconvenience and distress caused by the injuries you’ve suffered. In this guide, we answer questions such as ‘can I sue my landlord for pain and suffering in the UK?’ ‘Can I ask for a rent reduction due to repairs not being carried out?’ and ‘Can I sue my landlord for stress in the UK?’.
How To Claim Compensation From Your Landlord With Our Help
Accident Claims UK is a team of specialist personal injury claims solicitors and will be able to advise you on what steps you need to take in order to claim landlord compensation, just give them a call on Freephone 0800 073 8801 for further help and guidance on personal injury claims against a landlord, for example, what time limits are in place for such claims. We could also provide you with a No Win No Fee personal injury solicitor who could help you.
Select a Section
- A guide to making a compensation claim against your landlord
- What are tenant injury claims?
- You need to make a claim against your landlord, what you should do
- Examples Of Landlord Negligence
- How To Claim Compensation From Your Landlord
- Making a claim against a landlord if they are a council
- What could be claimed for in a claim against your landlord?
- Compensation calculator for tenants making a claim against the landlord
- Landlord compensation claim case study – How To Claim Compensation From Your Landlord
- No Win No Fee Solicitors For Tenants
- Why make your tenant claim with us?
- Contact Us If You Want To Know How To Claim Compensation From Your Landlord
- Useful Links Relating To How To Claim Compensatiion From Your Landlord
A guide to making a compensation claim against your landlord
Accident Claims UK has put together this guide to give you comprehensive and extensive information on how to claim compensation from your landlord. The guide explains every step of the process of making a landlord compensation claim along with highlighting potential problems you may come across and how to tackle them. It will also highlight the benefits of making a successful claim and why you should persevere even if it appears to get tricky in places. The guide also advises what type of things you can include in your claim to get the best possible outcome and compensation award.
We shall also cover valid reasons as to why it is best to seek legal advice and representation in order to ensure your claim is successful, and why Accident Claims UK is the best choice to make sure you get the landlord compensation award you need.
What are tenant injury claims?
If you rent your home and have been injured after having an accident whilst at home that wasn’t your fault but was due to the negligence of your landlord, then you may be able to make an injury compensation claim as a tenant.
This is basically an injury claim against your landlord for causing injury through their negligence. The Landlord and Tenant Act 1985, set out rules and regulations that landlords are required by law to adhere to. If your landlord has ignored these regulations then they may be found liable for your injury in your home as they’ve been negligent and so will be considered to be responsible for causing your injury.
Housing Disrepair Claims
You may be wondering ‘Can I claim against my landlord and get compensation for inconvenience?’ or ‘Can I get a rent reduction due to repairs?’.
The Housing Act 1988 outlines the responsibilities landlords have to ensure that properties are safe for tenants to live in. Examples of what they could be responsible for include issues relating to:
- Mould and damp
- Drains and pipes
- Sanitation
- Water
- Electricity
- Gas
Additionally, they could be responsible for the internal and external structural integrity of the property.
To learn when housing disrepair claims could be made please get in touch.
You need to make a claim against your landlord, what you should do
If you’ve sustained an injury due to having an accident at home that you rent under a tenancy agreement, and you believe your landlord is responsible, then the first thing to do if you are thinking of claiming compensation, is to be certain that you have the grounds to do so. Bear in mind that if the accident or injury diagnosis is more than three years ago, you might not be able to make an injury claim relating to this particular accident or injury. Keep this in mind as you wonder how to claim compensation from your landlord.
Evidence of the accident
Obviously due to the fact that accidents at home can often occur when the tenant is on their own, the evidence required may be less definitive than what the other evidence required in your claim may be according to the boundaries of the claim. However, if you were not alone when you had your accident, and someone else witnessed it, then a statement from them would be considered as evidence.
Evidence of the landlord’s responsibility
Evidence that proves your landlord’s negligence may include citing the landlord’s duty of care that they have ignored which has then lead to the injury. An example of this could be for instance, that if you have sustained a burn or scald due to a defective gas pipe that you had previously bought to the landlord’s notice, then by not having it fixed or organising regular maintenance, the landlord would be acting negligently and so, therefore, could rightly be accused of being liable for the accident and resulting injury.
Evidence of the injury and its severity
In order to get compensation for an injury that wasn’t your fault, you need to be able to prove that such an injury exists and show its severity which will directly influence the amount awarded. The best and most common evidence of the injury will be the medical report written by your GP or the medical staff in the A&E department if your injury required you to go to the hospital. The report will not only contain the details about your injury but will also include the severity of it, recommended treatment and expected recovery time.
Being able to provide all the evidence as suggested above will be a good starting point in making your successful landlord compensation claim.
Examples Of Landlord Negligence
If you are claiming compensation from your landlord for personal injury, you may wonder how their negligence could have caused the accident. Your landlord has legal obligations to provide a certain level of maintenance of your home.
Examples of landlord negligence include:
- Failing to maintain and repair external fittings, such as drains, gutters and pipes.
- Not carrying out the required checks and maintenance of the installations for supplying water, gas, electricity and removing wastewater.
- Failing to ensure the safety of radiators and water heaters.
If your landlord is failing in their duty to maintain these items and you are injured, you might be eligible for compensation. For example, if you scald yourself because the water thermostat is broken.
If you ask, ‘how to claim compensation against your landlord?’, you will need to submit evidence that proves their negligence resulted in your injuries. You could submit your medical records, along with correspondence between yourself and your landlord about the need for repairs.
Additionally, you may want to know, ‘can I sue my landlord for emotional distress in the UK?’. As with a physical injury, you would need to prove that your landlord failed in their duty of care and this caused your emotional distress. For example, you can submit medical records alongside photographs of the item that should have been repaired in a timely manner.
Call our advisors to discuss potential housing-related personal injury claims.
How To Claim Compensation From Your Landlord
If you’re wondering how to claim compensation from your landlord, the following steps could help.
- Seek medical attention for any injuries. If you’re claiming compensation from your landlord, you’ll need medical evidence. Plus, it could be wise to seek medical advice so you have the best chance of recovery. A record of you seeing your GP or visiting a hospital for treatment could be useful. However, you may also need independent medical evidence when claiming compensation from your landlord. An appointment with an independent medic could be made for you as part of your claim.
- Get as much evidence as is possible. This can include photographs of injuries or the state of the premises. If there are any witnesses, your solicitor could ask them for a statement as evidence. If you have CCTV footage or documents proving any expenses or losses because of your injuries, these could be helpful too.
- Get legal advice. We could help if you want legal advice on claiming compensation from a landlord. Our advisors could provide you with a free eligibility check. If you have a valid claim, we could provide you with a solicitor to assist you.
Now you know how to claim compensation from your landlord, why not get in touch? There are various ways to get in touch with us. We’ll always be happy to assist you in claiming the compensation you deserve.
Making a claim against a landlord if they are a council
If you have sustained an injury whilst living in a council house and think you have a good reason to claim compensation, you may be worried about launching a claim against a large organisation like the council for fear of losing your home.
However, you shouldn’t be worried, the council have no legal right to evict you for making a compensation claim against them. In fact, the compensation claim will be dealt with in the same way as it would if you were making a claim against a private landlord.
If you have suffered an injury in your council home that wasn’t your fault, you might be eligible to make a compensation claim against the council. In order to do this, just follow the advice given earlier in the guide such as gathering the necessary evidence and contacting a reputable personal injury claims firm such as ours. You may also want to make a complaint to the council and can find advice on how to do this by following this link.
What could be claimed for in a claim against your landlord?
There are a variety of different costs that can be claimed for when making a personal injury claims against a landlord. Obviously, the first point of your claim will be for the actual injury you sustained, but other costs that are as a direct result of your injury can also be included in your claim, including:
- General Damages – These are in relation to the pain and suffering you have endured including any psychological problems that have arisen due to your accident. The effect and impact the injury has had on your well-being and quality of life will be considered under general damages.
- Special Damages – This relates more to the financial impact your injury has had, such as earnings lost or earnings you will lose, or any costs due to damage to property within your home.
- Medical Costs – Any costs incurred as a direct result of your injuries such as healthcare costs, treatments costs, counselling or prescription fees may be included in your claim.
- Travel Costs – Extra travel arrangement costs due to travelling to medical appointments for example due to your injury or any vehicle adaptions needed should be included.
An experienced personal injury claims legal team will ensure that all costs you have incurred as a direct result of your injury will be covered in your compensation claim. All of this will shape how to claim compensation from your landlord.
Compensation calculator for tenants making a claim against the landlord
Claiming compensation for tenant injuries caused by an accident that wasn’t their fault can be very complex as every injury and circumstance is going to be different from one person to the next and the impact of the injury will differ for each person. Due to this, we cannot give exact compensation amounts but can give rough estimates of amounts that possibly could be claimed for certain injuries.
| Reason for Compensation | Average Payout Amount | Comments |
|---|---|---|
| Head Injury | Up to £403,990 | Minor – Severe |
| Arm Injury | Up to £300,000 | Minor – Severe |
| Leg Injury | Up to £282,010 | Minor – Severe |
| Eye Injury | Up to £268,720 | Minor – Severe |
| Hand Injury | Up to £201,490 | Minor – Severe |
| Foot Injury | Up to £201,490 | Minor – Severe |
| Back Injury | Up to £160,980 | Minor – Severe |
| Neck Injury | Up to £148,330 | Minor – Severe |
| Ear Injury | Up to £140,660 | Minor – Severe |
| Face Injury | Up to £97,330 | Minor – Severe |
| Knee Injury | Up to £96,210 | Minor – Severe |
| Finger Injury | Up to £90,750 | Minor – Severe |
| Ankle Injury | Up to £69,700 | Minor – Severe |
| Wrist Injury | Up to £59,860 | Minor – Severe |
| Toe Injury | Up to £56,080 | Minor – Severe |
| Elbow Injury | Up to £54,830 | Minor – Severe |
| Shoulder Injury | Up to £48,030 | Minor – Severe |
| Psychological injury | Up to £19,070 | Less severe – Moderate |
As can be seen, the amounts can vary a great deal depending on the circumstance and how severe the injury and its impact. As you might see the free consultation can be very helpful as we can look at your circumstances individually and be able to give a more precise evaluation of your situation.
Landlord compensation claim case study – How To Claim Compensation From Your Landlord
If you’re still wondering if making a tenant injury claim is worth it, this might help you decide.
In 2014, a tenant that had reported a leaky roof to their landlord sustained moderate injuries to their spinal cord due to slipping over on a wet floor caused by the leaky roof. Even though they had been previously informed, the landlord failed to act on his duty of care to ensure the roof was fixed.
The tenant successfully made a claim for compensation for their spinal cord injuries and the extra costs and expenses they had incurred as a direct result. The tenant was awarded £2000.00 from the letting agency that owned the rented property.
As you can see, it is certainly worth making a claim against your landlord for compensation for an injury you have sustained due to their negligence. After all, why should you suffer and possibly be financially worse off and not get some justice? This is important to be aware of when considering how to claim compensation from your landlord.
No Win No Fee Solicitors For Tenants
If you’re considering suing a landlord, it might be helpful to consider using the services of a personal injury solicitor. It may be possible for you to get a solicitor to work on your claim under a kind of No Win No Fee contract, such as a Conditional Fee Agreement (CFA).
Under the terms of a Conditional Fee Agreement, you would only pay your lawyer a pre-agreed success fee if your claim ended with a compensation payout. This success fee is capped under the Conditional Fee Agreements Order 2013. This means the majority of your compensation would be for your benefit. The solicitor only takes a small percentage.
If your claim was not successful and didn’t end with a compensation settlement or award, your lawyer would not get the success fee. You would not be expected to cover their costs in pursuing your claim either.
If you’re interested in learning more about No Win No Fee solicitors for tenants or any other aspect of the claims process, please get in touch. An advisor will be happy to answer your questions and assess whether one of our lawyers could assist you.
Why make your tenant claim with us?
When making a landlord compensation claim, you ideally need a reputable legal team to make the claim on your behalf to give you the best opportunity for a successful claim.
Accident Claims UK is one of the best personal injury claims firms out there, with our experience and professional manner, you can be assured that you’ll be in good hands when making personal injury claims against a landlord.
We have a good track record for successful claims, often getting the maximum payout amount awarded to our clients. We are honest, reliable and hard-working and strive to do the best for our clients whilst understanding that they may be going through a difficult time and need to concentrate on their recovery.
With our free consultancy session, No Win No Fee policy and the offer of a free medical and successful track record, we really are a worthy contender for making your compensation claim on your behalf. We work hard behind the scenes, tirelessly doing our best to get you the compensation you deserve.
Contact Us If You Want To Know How To Claim Compensation From Your Landlord
If you would like to have a chat with us regarding launching a compensation claim against your landlord, call us at Accident Claims UK on 0800 073 8801. When we answer your call, you will speak to one of our professional legal team who will do their best to help you with your enquiry.
Useful Links Relating To How To Claim Compensation From Your Landlord
Government advice for private renting
This is the government site with help and advice on what you should expect from your private landlord including your rights as their tenant.
This is the ombudsman’s guide on renting a property as a tenant, and how to go about making formal complaints about your environmental health.
How Much Compensation Can I Claim for a Burn Injury?
Did you suffer burns due to your landlord’s neglect or shoddy repair work? Our guide on burn injuries from the local council or other negligent party may be able to help you to make personal injury claims against a landlord.
Ankle Injury Compensation Claims Guide
Tripping and slipping could lead to ankle injuries. Have a look at our guide to understand what you could claim, from financial expenses to care costs.
A Guide to Wet Floor Accident Injury Claims
A wet floor could be hazardous, especially if you’re unaware of it. Read our guide on what to do if you were injured on a wet floor caused by someone else.
Learn how to sue a company and get more information through our helpful guide.
How to Claim Compensation from your Landlord after an Injury that Wasn’t Your Fault: FAQs
How should landlords respond to a request for urgent repairs?
Landlords should respond to urgent repairs within a reasonable timeframe. They should provide appropriate measures so that someone carries out repairs competently. If your injuries were the result of your landlord not responding appropriately, you could make a claim.
What does landlord insurance cover?
Landlord insurance covers dwellings and perilous situations such as fires.
Housing Disrepair Statistics
According to the Office of National Statistics, there were 4.5 million households in private rental properties in 2017. This number jumped from 2.8 million in 2007. You can see the ages of the those renting private properties in the graph below.
In England, the condition of a dwelling is examined against the Decent Homes Standard and damp and disrepair are examined too. The safety of a property is examined against the Housing Health And Safety Rating System or (HHSRS), which looks at working smoke alarms, electric safety and the presence/absence of carbon monoxide detectors. To be classified as decent standards, a house or other dwelling must not only meet the statutory minimum standards, but it must also provide what could be considered a reasonable level of thermal comfort.
It must also be in a reasonable state of repair, as well as having modern services and facilities.
How do they assess properties?
When the HHSRS risk assesses a property, it assesses 29 different types of housing hazards. It puts them in certain categories. Category 1 is the most dangerous to tenants. If a category 1 hazard is identified, the local authority must take action to enforce better standards. In England, according to ONS statistics in 2016, 85% of properties assessed were without Category 1 hazards. In Wales, however, the number of properties without category 1 hazards was 76%. Scotland doesn’t have a measure that compares to the HHSRS hazard category 1. However, there are other measures of disrepair that people could consider and monitor.
How to claim compensation from your landlord – do I need a lawyer?
You may be surprised to learn legally, you do not need a lawyer to claim compensation from your landlord. However, many claimants choose to work with a No Win No Fee lawyer on their case. This is because a lawyer can take on all the legal complexities of making a claim, and would have experience in negotiating for a compensation settlement. Therefore, this could give claimants peace of mind that their claim was being handled professionally.
How to claim compensation from your landlord- do you need a local lawyer?
it is not necessary for you to choose a lawyer who is based close to your home for you to make a claim for compensation against a landlord. You have law firms and solicitors located all across the UK that could help you. While this is good news in terms of opening up your options to you, it could make it rather difficult to make a choice on which lawyer or law firm to use.
We would advise you to carefully consider your options, and consider working with a lawyer on No Win No Fee basis, as well as checking independent reviews on their services, and finding out how successful they’ve been in the past. We would be able to offer you insight into any of the lawyers that we could provide you with. They are all authorised and regulated by the Solicitors Regulation Authority and in addition to this, they all work on a No Win No Fee basis.
How to claim compensation from your landlord – do I need to pay for a case assessment?
You don’t need to pay for a case assessment or to find out how to claim compensation from your landlord if you contact us. We could answer your questions, free of charge. Furthermore, we could conduct a no-obligation case check with no charge to you.
At Accident Claims UK, we like to inform claimants of all their options when it comes to making a claim. Furthermore, we would be happy to talk to you about your case to see if we could help you make a No Win No Fee claim for landlord negligence.
Can I sue my landlord for emotional distress in the UK?
If you’re asking ‘Can I sue my landlord for emotional distress in the UK?’ you might have suffered psychologically because of your landlord’s negligence. Call our team to find out whether you’re eligible to seek compensation.
Finally, thank you for reading our guide about making personal injury claims against a landlord.