If you've suffered an injury or illness due to the negligence of your landlord, you may be entitled to make a landlord negligence compensation claim.
We are a trusted claims management company helping people make personal injury claims for over 15 years.
Landlord Negligence Claims
If you’ve suffered an injury or illness because your landlord failed to provide safe and well-maintained housing, you could be entitled to make a landlord negligence claim.
Your home is meant to be a secure and comfortable space to live and spend time with your loved ones. Unfortunately, when a property is not adequately maintained, various accidents can occur, including slips, trips, and falls, carbon monoxide poisoning and electrocution.
Landlords have a legal duty of care to protect tenants from preventable harm. If their negligence has caused an injury or illness, they may be liable to pay you compensation.
To find out if you have a valid landlord negligence claim, call 0800 470 0472 today or use our online claim form to request a call back. Our team of specialist solicitors will be happy to offer you a free case assessment and guide you through the claims process.
Table of Contents
What is the duty of care of landlords towards tenants?
Under the Landlord and Tenant Act 1985, the Defective Premises Act 1972 and related housing standards such as the Housing Health and Safety Rating System (HHSRS), landlords owe their tenants a legal duty of care to ensure their home is safe and habitable.
Their responsibilities include:
- Ensure the property is free from hazards such as poor ventilation, faulty wiring or damp.
- Book annual gas checks and provide tenants with a Gas Safety Certificate.
- Conduct inspections of electrical safety every five years.
- Make sure every floor has a smoke alarm and keep fire exits clear.
- Confirm that tenants are legally allowed to rent and provide them with a copy of the official ‘How to Rent‘ guide.
- Conduct regular inspections and maintenance of the premises and utilities, and promptly carry out necessary repairs.
- Conduct inspections for pest infestations before new tenants move in and take action if necessary.
- Ensure that all key appliances, such as the washing machine, fridge and oven, are in good working order every few months.
If a landlord fails in their duty of care, they may be liable for any injuries or illnesses that the tenant suffers as a result.
Am I entitled to make a landlord negligence compensation claim?
If a private landlord or housing association were negligent in their duty of care towards you, you may be able to make a claim for compensation. The easiest way to verify your eligibility is through a free consultation with a personal injury solicitor.
As a general rule, claiming compensation from your landlord is possible if the following can be established:
- They owed you a legal duty of care under the legislation mentioned above.
- They breached this duty, causing an accident or unsafe conditions.
- You suffered an injury or illness as a direct result of their negligence.
- You are within the legal time limit for making a compensation claim (usually three years).
How do I make a claim against my landlord?
If your house is in disrepair, you should first make a formal written complaint to your landlord. This should include evidence and detail the issue, as well as what you expect your landlord to do.
If the complaint is not resolved, you can contact the Housing Ombudsman, your council or local authority. You can also seek legal advice from a specialist solicitor to determine if you are entitled to make a claim against your landlord. If you can proceed, your solicitor will:
- Help you gather supporting evidence to prove landlord negligence.
- Help accurately assess your injuries and the value of your compensation claim.
- Send a letter of claim to your landlord outlining the details of your case and the damages you seek.
- Handle all communication with the defendant and negotiate a compensation award on your behalf.
- Issue court proceedings and prepare for a court trial if your landlord denies liability or you are unable to settle (this is rare, as more than 96% of all cases are settled out of court).
Evidence needed to support a landlord negligence injury claim
You will need various types of evidence to make a successful landlord negligence or housing disrepair claim, including:
- Photos or videos of the disrepair, such as leaks, mould, damp or broken stairs.
- Pictures of any visible injuries and damage to your items.
- Copies of formal reports and other communication between you and your landlord.
- Medical reports proving the harm you suffered and linking it to the housing conditions.
- Statements from potential witnesses to your accident or your housing disrepair.
- A copy of your tenancy agreement.
- Your testimony regarding the disrepair and how it has affected your daily life.
- Expert evidence from a professional, such as a surveyor or Environmental Health Officer.
- Proof of related financial losses and expenses, such as receipts and wage slips.
Your solicitor will help you gather all the evidence you need to build a strong personal injury claim and maximise your compensation payment.
What are the most common types of landlord negligence claims?
English Housing Survey (EHS) figures for 2022/23 show that 14% of houses in England have failed to meet the Decent Homes Standard, 9% have at least one Category 1 hazard, and 4% are affected by dampness.
Injuries suffered in your own home can be particularly traumatic. These can be due to various types of landlord negligence, such as:
- Failing to prevent or address mould, dampness or pests.
- Failing to carry out repairs within a reasonable timeframe.
- Faulty installation for the supply of electricity, gas or water.
- Failing to maintain premises, resulting in defective flooring, stairs or pavements.
- Structural issues with the roof, walls, foundation or other essential components of the building.
These and other types of landlord negligence can result in various accidents and unsafe conditions, including:
- Slips, trips and falls on the same level or from a height.
- Being hit by falling items or collapsing structures.
- Electrical accidents, fires and gas leaks.
- Exposure to mould, dampness, asbestos and infestations.
If your landlord breached their duty of care towards you and caused an accident, injury or illness, contact us to find out if you are eligible to make a personal injury compensation claim.
What injuries could you suffer from housing disrepair and landlord negligence?
Accidents and hazards in rented property can lead to a wide range of injuries and health conditions, including:
- Sprains and strains affecting the muscles, ligaments and tendons.
- Broken bones, some of which can lead to permanent deformity and mobility issues.
- Burn injuries from unsafe heaters, faulty electrical wiring or fires.
- Head injuries such as concussions, skull fractures and traumatic brain injuries.
- Back injuries ranging from mild sprains to herniated discs and spinal injuries.
- Cuts and lacerations, which could lead to infections and permanent scars.
- Respiratory problems such as asbestosis, asthma and bronchitis.
- Carbon monoxide poisoning causing nausea, organ damage and even death.
- Skin conditions such as rashes and dermatitis.
- Infections caused by bed bug bites and other pest infestations.
- Mental health issues such as stress, anxiety, depression and post-traumatic stress disorder (PTSD).
If you suffered any injury as a result of your landlord’s breach of duty, you could be eligible to make a landlord negligence compensation claim.
What is the time limit to claim compensation for landlord negligence?
Under the Limitation Act 1980, you have three years to make a claim if you suffered harm as a result of negligence. The Act also outlines the exceptions to this rule, which you can read more about here: What is the time limit for personal injury claims?
However, there is generally a six-year limitation period to claim compensation from your landlord for the financial losses and inconvenience caused by your housing disrepair, if there is no personal injury involved.
How much compensation could I claim from my landlord?
The amount of compensation awarded for injuries or illnesses caused by landlord negligence is calculated on a case-by-case basis, taking into account two types of damages:
- General damages cover pain, suffering and loss of amenity.
- Special damages cover related financial losses and expenses.
According to our personal injury compensation calculator, which is based on the 18th Edition of the Judicial College Guidelines, you could receive the following awards:
| Injury Type | Description | Compensation |
|---|---|---|
| Ankle Injuries | A minor ankle fracture, sprain or ligament injury recovering fully or leaving only mild symptoms | Up to £18,000 |
| Asthma | Chronic asthma causing breathing difficulty and inhaler use | £35,000 - £57,000 |
| Brain Damage | Brain damage with good recovery and return to work and social life, but possible ongoing concentration or memory issues | £20,000 - £57,000 |
| Chest Injuries | Toxic fume or smoke inhalation injury with residual damage but no permanent effect on lung function | £7,000 - £17,000 |
| Foot Injuries | A serious foot injury causing ongoing pain or risk of future arthritis | £33,000 - £52,000 |
| General Psychiatric Damage | Psychiatric damage that is not severely debilitating and has a shorter-term impact | £2,000 - £7,700 |
Keep in mind that these figures are only used as an estimate and you final compensaiton amount will depend on your own circumstances.
Will a solicitor help me make a personal injury claim on a No Win No Fee basis?
If you have a valid claim for landlord negligence, our team of solicitors will be happy to offer you a conditional fee agreement (no win no fee). Making a no win no fee claim means that:
- You pay nothing up front.
- You don’t pay any legal fees to your solicitor if the claim is unsuccessful.
- If you win the claim, a success fee will be deducted from your compensation award (this is capped at 25% of certain parts of your damages).
How long will it take to settle my claim?
A claim against your landlord may take anywhere from a few months to over a year to settle, depending on several variables, such as:
- Liability disputes between you and the defendant.
- How long it takes to gather supporting evidence.
- The severity of your injuries and your recovery time.
- The length of the negotiation process.
Your solicitor will always aim to settle your case in the shortest time possible and secure interim payments if you have pressing financial needs while the case is ongoing.
Will I need to go to court to settle a claim for landlord negligence?
It is unlikely that you will need to go to court to settle a claim against your landlord. The majority of personal injury claims (over 96%) are resolved through negotiations, as it is faster and involves fewer legal costs. Examples of when a claim could go to court include:
- Your landlord denies liability for the injuries you sustained.
- You cannot agree on a compensation award.
- Your case involves complex legal matters or catastrophic injuries.
If you were injured in a rented home and you want to claim compensation from your landlord, get in touch with our team of specialist solicitors for a free case assessment. You can call 0800 470 0472 today or use our contact form to request a call back.
