By Joanne Jeffries. Last Updated 19th July 2021. Welcome to our guide on personal injury claims against a landlord. We hope we can help with our guide on how to claim compensation from your landlord after an injury that wasn’t your fault. If you are a tenant living in a rented property and have sustained an injury after an accident in your home that wasn’t your fault, but was because of the negligence of your landlord, then you may be eligible to claim landlord compensation.
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 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
- Typical injuries people suffer in their home
- How do you assess how severe an injury is?
- How to start your claim against a landlord as a tenant
- Making a claim against a landlord if they are a council
- What could be claimed for in a claim against your landlord?
- Making a claim when your landlord is at fault
- Compensation calculator for tenants making a claim against the landlord – Updated July 2021
- Landlord compensation claim case study
- No Win No Fee tenant injury compensation claims
- Why make your tenant claim with us?
- Contact Us
- Useful Links
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.
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.
An example of this may be for instance, if you have had an illness of the lungs due to mould which has grown inside your rented property, and your landlord failed to take the necessary steps to remove or treat the mould growth, then they will be deemed liable as they have been negligent in their duty as a landlord. However, if the landlord had taken all possible action to get rid of the mould, for example employing a professional company to get rid of the mould, then it is unlikely that you will be able to make a successful compensation claim from the landlord for mould, as they have tried their best to rectify the problem. If your landlord has failed to perform a gas safety check, or you’re living in a property with a broken carbon monoxide alarm, or your landlord has failed to ensure the property adheres to safety standards, you could be at risk of injury or illness. If you suffer harm because of this, you could be eligible to claim.
If you’re not sure as to whether you’re able to make a tenant injury claim against the council or private landlord, or if the landlord is in fact liable for your injury, then give us a call at Accident Claims UK and we will endeavour to help you with your personal injury claims against a landlord.
If you’ve sustained an injury due to having an accident in your 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.
If however, your accident and/or resultant injury happened within the last three years, then it’s possible that you may make a tenant injury claim. For a claim to be successful though, evidence needs to be provided which proves the landlord’s liability.
- 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.
Knowing what the more common sort of injuries are that are sustained at home may be advantageous if you are thinking of launching a compensation claim against your landlord. If you’ve had an injury similar to the examples below, then you may be eligible to claim landlord compensation.
- It has been found that many typical injuries at home are caused by objects falling onto the occupant. An example of this may be if structural beams in the attic are poorly maintained, they could eventually break and fall possibly causing a head injury.
- Another frequent injury that may happen at home is from a trip or fall. This could be caused by uneven flooring surfaces due to rotting floorboards or poorly installed flooring coverings. Injuries from a trip or fall can range from minor to severe such as bruising, broken bones or neck, back and spinal injuries.
- Burns and scalds are other frequent injuries that often happen within the home and are usually due to poorly installed or maintained plumbing that can cause water to be scalding, hot, or leaky pipework that may leak hot water over your skin.
Don’t worry if your injury is different to those mentioned above, they are just examples of the sort of injury that you could sustain within the home that may be due to the negligence of your landlord. Ring Accident Claims UK to find out if you are eligible to make a tenant injury claim.
When making tenant injury claims against the council or a private landlord, how severe your injury is will be the main contributing factor that directly affects the amount of compensation you are awarded. Therefore, it is imperative that you have your injury medically assessed, which is something that we can arrange for you if you have not already done so. Having a medical report stating how severe your injury is will be a huge evidential support for your claim.
If you haven’t yet seen a medical professional for your injury, you may be curious as to how severe your injury will be classed. And this could influence the process you take for how to claim compensation from your landlord. Therefore, below we have listed some generalised classifications of injury severity.
- Minor Injuries – These include injuries such as slight ligament issues or joint stiffness. Injuries that are classed as minor, generally are those that do not cause any lasting trauma and usually fully heal over a short period of time often without the need for any specific medical treatment. Typically the compensation award will be lower as a reflection of this.
- Moderate Injuries – These types of injuries would include those such as the loss of function of the fingers, or partial sight loss in one eye. These types of injuries are often treated without the need for complex surgery, although they may have a lasting effect on you. The compensation award will be more than that for minor injuries.
- Severe Injuries – These will include injuries such as total loss of visions or long term brain injuries that may affect memory or personality. Severe injuries usually are traumatic and can cause serious psychological and physical damage that leaves a lasting negative impact on a person’s quality of life. Naturally, severe injuries will result in the bigger compensation payout amounts.
Although the guidelines above may give you some idea of the severity of an injury, having a medical examination is by far the best way to be certain. It will also determine what treatment you may need to recover from your injury and any future treatment you may continue to need. Also, a medical report will be concrete evidence that will fully support your compensation claim.
So, where do you begin when making a claim against your landlord? Firstly, we’d strongly recommend getting advice from a reputable personal injury claims firm. Having their support with making your claim will be a great help in securing the best payout amount possible as they will have lots of experience in the field and will work hard to get you the compensation you deserve when making personal injury claims against a landlord.
Before speaking to a claims firm, gather all the evidence possible that you can regarding the facts surrounding your accident and resulting injury. A medical report stating the details and how severe your injury is are particularly important as mentioned earlier, so have a copy of that to hand if possible.
Once you have all the required evidence, have a look round at different personal claims injury firms to find a firm that will do their best for you. Our firm, Accident Claims UK, has many years of experience in personal injury claims, and if you were to choose us, we would start by offering you a free consultancy session to discuss the details about your claim. During this session, you may ask as many questions as you wish regarding your claim, and we will make a thorough assessment of your claim to make sure you have a valid case and will give you an honest review as to whether we think it has a good chance of success.
If you decide after this session that you’d like us to represent you when making your landlord compensation claim, we will then proceed to get your compensation to court and will work tirelessly to get you the compensation award you deserve.
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.
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.
Landlords have a duty of care to their tenants to ensure the property they are providing for rental purposes is up to the standards set out in the Landlord and Tenant Act 1985. If a landlord ignores these standards and acts negligently, then they could possibly be found to be liable if their tenant was to have an accident causing injury whilst in their property.
However, proving a landlord is negligent can be confusing and a good knowledge of the British Legal System, along with thorough research in the matter is needed to be able to come to any conclusion.
The landlord can only be seen as being negligent if they are in breach of the standards set out in the Landlord and Tenant Act 1985, or they are in breach of their duty of care to the tenant. If the tenant has an accident but the landlord has taken all precautionary steps to prevent an accident, then they will not have been acting negligently.
For example, if the tenant sustains a serious leg injury due to the floor in the rented property collapsing then the tenant may think that the landlord is to blame and so the tenant may ask for compensation. However, if the landlord had already taken necessary precautions and maintenance was up to date, then they wouldn’t be found to be liable as they had done all they possibly could to prevent such an accident from occurring. But, if the landlord hadn’t regularly checked, treated or replaced the defective flooring, then they would have been acting negligently in their duty of care and so could be found liable in court.
There are many reasons and avenues in which compensation may be sought from a landlord. Tenants may claim for landlord compensation for repairs taking into consideration the amount of Landlord and Tenant Act 1927 compensation for improvements. Compensation for business tenants may include landlord compensation for the inconvenience. Landlord compensation no hot water may be sought due to housing disrepair that has resulted in a faulty boiler. Housing disrepair compensation may also be claimed for many other faulty attributes within the rental property. And of course, injuries sustained by the tenants due to negligence will also be a big cause of landlord compensation claims.
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 £379,100||Minor - Severe|
|Back Injury||Up to £151,070||Minor - Severe|
|Neck Injury||Up to £122,860||Minor - Severe|
|Face Injury||Up to £91,350||Minor - Severe|
|Eye Injury||Up to £252,180||Minor - Severe|
|Ear Injury||Up to £102,890||Minor - Severe|
|Shoulder Injury||Up to £45,070||Minor - Severe|
|Arm Injury||Up to £281,520||Minor - Severe|
|Elbow Injury||Up to £51,460||Minor - Severe|
|Hand Injury||Up to £189,110||Minor - Severe|
|Wrist Injury||Up to £56,180||Minor - Severe|
|Finger Injury||Up to £85,170||Minor - Severe|
|Leg Injury||Up to £264,650||Minor - Severe|
|Knee Injury||Up to £90,290||Minor - Severe|
|Ankle Injury||Up to £65,420||Minor - Severe|
|Foot Injury||Up to £189,110||Minor - Severe|
|Toe Injury||Up to £52,620||Minor - Severe|
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.
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.
Making a compensation claim using a claims service might possibly have a negative effect on your finances. Although possibly only temporary, it’s a risk not many people can afford to take especially when they have suffered an injury that might’ve already negatively impacted their life financially. So, this could prevent you from making personal injury claims against a landlord, but it shouldn’t.
This is why our claims firm operates on a No Win No Fee basis, otherwise known as a Conditional Fee Agreement. Our company believes that everyone should have an equal chance of filing a compensation claim for an injury that wasn’t their fault, no matter what their current financial situation.
No Win No Fee means that our clients are not charged any legal fees if we do not win their personal injury claims against a landlord. In most cases when we do win, our fee is taken as a small percentage of the compensation award. Therefore, with No Win No Fee, there is no financial outlay or gamble for our clients and so less for them to worry about during an already stressful time.
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.
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.
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.
Did you suffer burns due to your landlord’s neglect? Our guide on burn injuries may be able to help you to make personal injury claims against a landlord.
Tripping and slipping could lead to ankle injuries. Have a look at our guide to understand what you could claim.
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.
How to Claim Compensation from your Landlord after an Injury that Wasn’t Your Fault: FAQs
Are tenants entitled to compensation?
As a tenant, you could be entitled to compensation if your landlord’s actions led to your accident and injuries.
How should landlords respond to a request for urgent repairs?
Landlords should respond to urgent repairs within a reasonable timeframe by providing appropriate measures so that repairs are competently carried out. If your injuries were the result of your landlord not responding appropriately, you could make a claim.
Can you sue a landlord for emotional distress?
If you endured significant emotional distress after an injury caused by your landlord’s actions/inaction, you could add it to your personal injury claim.
Does a landlord cover personal injury?
A personal injury claim against a landlord could cover pain and suffering that stem from the victim being injured.
How do you prove landlord negligence?
This means proving there was a duty of care owed to the tenant by the landlord, but with this suffering a breach that led to an accident and the victim being harmed.
What does landlord insurance cover?
Landlord insurance covers dwellings and perilous situations such as fires.
And what does landlord insurance not cover?
Landlord insurance doesn’t cover any personal belongings of a tenant.
Why is landlord insurance more expensive?
This is because landlords need to cover many more things with protection than a typical homeowner.
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.
When the HHSRS is used to risk assess a property, it assesses 29 different types of housing hazards, putting them in certain categories, with category 1 being 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%. While Scotland doesn’t have a measure that is comparable to the HHSRS hazard category 1, there are other measures of disrepair that could be assessed and monitored.
Thank you for reading our guide about making personal injury claims against a landlord. We hope you found our guide on how to claim compensation from your landlord after an injury that wasn’t your fault helpful.