How To Make A Compensation Claim Against A Landlord

    By Mary Scott. Last updated 23rd May 2022. Welcome to our guide to making a compensation claim against a landlord. In 2019, ROSPA reported that 6,000 deaths happened as a result of accidents in the home. This amounts to 17 people dying every day. What’s more, millions of people are admitted to hospital each year, due to accidents that they have suffered in the home, costing the taxpayer and society £45.63 billion a year.

    If you are a private homeowner, then you are responsible for the upkeep of your home and provide yourself with a safe living environment. If you are a tenant in a private or council rented property, it is your landlord who is responsible for the maintenance and upkeep of the property. This includes providing you with a safe and hygienic place to live. If you suffered an accident as a result of your landlord neglecting their “duty of care” towards you, which resulted in you becoming injured or ill, you may be able to make a landlord accident claim for compensation. If your landlord has left your house or flat in a state of disrepair, for example in conditions where mould can grow, without hot water, or without heating then you could be able to sue for housing disrepair compensation or landlord compensation for the inconvenience.

    Call Legal Helpline today on 0161 696 9685 to see if you are entitled to make a landlord accident claim for compensation. You can claim general damages for the pain and suffering that you have experienced and special damages to compensate you for any expenses that you have endured, such as medical expenses or loss of income, as a result of your injuries. One of our friendly advisors will advise you on how to claim compensation from your landlord and estimate how much compensation you could claim. If you have a legitimate claim, we will provide you with an excellent personal injury solicitor to help you make your compensation claim against a landlord.

    Jumpt to a Section:

    A Guide To Claims Against Landlords

    In this guide, we will take you through how to make a compensation claim against a landlord. We’ll look at how to claim for an accident that wasn’t your fault, which caused you to become ill or injured. We will also explain how to make tenant injury claims against the council or a tenant injury claim against a private landlord. We will also look at how to claim housing disrepair compensation including, compensation from your landlord for mould, landlord compensation for repairs, landlord compensation for no hot water and landlord compensation for the inconvenience. We will also use the personal injury claims calculator to estimate how much your claim against your landlord could be worth.

    If you think you have a legitimate reason to make a landlord accident claim, you could be entitled to claim compensation for your injuries. Call Legal Helpline today for free advice about how to claim compensation from your landlord. We are a well respected Claims Management Company, whose informed consultants offer free advice on personal injury claims. If you have a legitimate reason to claim, we can accurately estimate how much compensation you could be entitled to and will provide you with a personal injury solicitor that has an excellent track record of winning tenant injury claims.

    Call Legal Helpline today on 0161 696 9685 to see how much compensation you could be entitled to and to start your claim.

    What Injuries Or Illnesses Could A Tenant Suffer?

    If you have experienced an accident in your rented home, which you believe was due to negligent upkeep of the home on the part of the landlord, you could be entitled to make a compensation claim against a landlord. This is because legally, landlords have a duty of care towards their tenants and are responsible for providing them with a hazard-free living environment that does not put their health or safety at risk. The standards of living that the landlord is responsible for providing are specified by the Landlord and Tenants Act of 1985.

    What examples are there of injuries or illness that a tenant could suffer, due to negligence on the part of a landlord? An example of an illness would be if a tenant complained about mould growing in a property due to structural problems and the landlord chose to ignore a problem. As a result of the mould, the tenant developed a respiratory illness. An example of an injury caused by landlord negligence for which they could make a compensation claim against a landlord could be the tenant complaining about a broken stair, which the landlord refuses to repair. As a result, the tenant, a member of their household or a friend falls and breaks their leg.

    To be eligible to make a tenant injury claim against the council, or against a private landlord, then you must be able to prove that your landlord was responsible for the injuries caused. Firstly, you must have a record such as an email that proves that you reported the health and safety violation to the landlord. Secondly, you must be able to prove that the landlord did not act to fix the problem. For example, if your landlord hired contractors to fix the mould problem, but their efforts were substandard, your compensation claim will probably be against that company.

    What Are The Most Common Injuries That People Suffer In The Home?

    The most common injuries suffered in the home are from falling objects. The most serious of these are falling units or items from the structure of the home. For example, being hit or even crushed by a bookcase that has not been secured to the wall properly, or suffering a head injury after being hit on the head from a falling beam that was not properly secured to the ceiling.

    The second most common cause of injury is slip, trip and fall injuries. These can be caused by disrepair in the home, such as an uneven floorboard, faulty rail on the stairs, or broken furniture that comes away as people are sitting on it. Leg injuries are a common result of a slip, trip and fall injuries. Hand and finger injuries can also be caused if the person instinctively puts their hand out to protect themselves.

    The third most common injuries suffered in the home are burns. This includes minor burns and major or serious burns such as chemical burns. Landlord negligence can cause burns in different situations. For example, if a hot water pipe is not properly maintained and it bursts, it can burn the tenant’s skin.

    Statistics For Injuries In The Home

    The age groups most likely to experience an accident in the home are children and elderly people. Some more statistics include:

    • Each year, ROSPA reported that 100 children under age 5 visit the emergency room for injuries caused by accidents in the home every day.
    • Women are more vulnerable than men to have accidents in the home.
    • The risk of suffering a fall accident in the home increased with age, with the most common cause of injury from accidents in the home being falls.

    What Should You Do If You Become Injured Or Ill Due To Your Landlord’s Actions?

    How can you make a compensation claim against a landlord, if you are injured due to negligent upkeep of your home? Firstly, you can only claim compensation if you were injured within the last three years, or your injuries were diagnosed within the last three years. This is because there is a personal injury claims time limit in Britain of three years. There are sometimes exceptions to the personal injury claims time limit rule, so if you fall outside of the personal injury claims time limit, call Legal Helpline today to see if you are still entitled to claim.

    If you plan to make a personal injury claim for compensation from your landlord, there are some steps that you will need to take. Firstly, you will have to provide evidence that the housing disrepair or negligence was the cause of your injury. This can be difficult, as many accidents in the home occur when the victim is alone. If other members of your household or a friend witnessed the accident, this can help. Secondly, you will also need to provide evidence of your landlord’s negligence, i.e. that they ignored the housing disrepair problem. What can also help provide evidence if you have previously complained to your landlord in writing, for example, by email, about disrepair in the home, and the landlord has not responded this be considered as evidence of their negligence?

    For example, if you complained about mould in the home, and the landlord did not respond and now you have a respiratory-related illness as a result of the mould, this could also be taken as evidence.

    Thirdly, you will also need to provide evidence of your injuries. When you become injured, you will need to visit a GP, or in more serious situations the A&E (Accident and Emergency) department at a hospital. The doctor will produce a medical report, which will diagnose your injuries, recommend the treatment that you will need and will describe how long the injuries are likely to affect you going forward. Your personal injury lawyer will use the medical report to value how much your claim is worth.

    How To Claim Compensation If Your Accident Was Caused By Your Landlord

    The Landlords and Tenants Act of 1985 establishes the duty of care that landlords have towards their tenants and includes standards. This includes health and safety standards that landlords are supposed to adhere to. If your injury was caused by a hazard that did not breach The Landlords and Tenants Act of 1985, you will not be eligible to sue.

    How The Severity Of Your Injuries Are Judged

    If you are a tenant intending to make a compensation claim against a landlord, the severity of your injuries will help your solicitor determine how much your claim could be worth. After you have been injured, it is important to have your injuries assessed by a doctor, who will produce a medical report that your personal injury solicitor will use to value your landlord accident claim.

    Injuries are generally classified into three different categories:

    • Minor injuries: Minor injuries are injuries that can be painful and traumatic but will heal over time with minor medical assistance. Joint pain, sprains and strains are all types of minor injuries. Tenant injury claims for minor injuries will receive smaller amounts of compensation.
    • Moderate injuries: A moderate injury is an injury that can be treated without complex surgery but will still need medical treatment and may have a long term, or lifelong effect on the sufferer. This could include loss of hand dexterity or partial sight loss. For a moderate injury, you will receive a moderate amount of compensation.
    • Severe injuries: Severe injuries can include losing a limb, losing one’s sight or losing memory function. As they can cause permanent disability, psychological damage or physical damage, severe injuries are awarded the largest compensation package.

    If you have suffered an injury that was not your fault in a rented property, due to landlord negligence, then you could be entitled to claim tens of thousands of pounds in compensation. Take advantage of the expert opinion of our legal advisors and call our dedicated legal advice helpline today, for advice on how much your compensation claim against a landlord could be worth.

    Claiming For Disrepair Leading To Injury or Illness

    Compensation Claim Against A Landlord

    Compensation Claim Against A Landlord

    Landlords are responsible for all repairs of a property. If a tenant experiences housing disrepair, they have the responsibility for reporting the housing disrepair to the landlord. If the landlord ignores the problem, the tenant may be able to get the council to intervene. If the landlord continues to ignore the problem of housing disrepair, the tenant may be able to claim housing disrepair compensation. Making a compensation claim against a landlord could include:

    • Repairs expenses
    • No hot water
    • Mould
    • Inconvenience that you have experienced as a result of disrepair

    As well as compensation for inconvenience, a compensation claim against a landlord could cover:

    • Any property damaged as a result of disrepair (for example mould ruining furniture or clothing),
    • Loss of income if the damages interfered with your work
    • Illness or injury caused

    For more information, please call Legal Helpline today to see if you have legitimate grounds to claim.

    How Do I Start A Claim Against My Landlord?

    If you wish to make a tenant injury claim against a private landlord, or a tenant injury claim against the council, call Legal Helpline today to see what you could be entitled to claim. If you are a tenant asking for compensation, our informed helpline operators can let you know how to claim compensation from your landlord for a personal injury and can advise you on how to put together evidence to best support your claim.

    Tips on claiming compensation from your landlord

    Landlords owe a duty of care to their tenants. If the duty of care was breached, and landlord negligence has caused you harm as a result, you may be able to claim. There are several steps you could take when claiming compensation from a landlord, such as gathering evidence.

    If you think you could be eligible to claim, here are some top tips that could strengthen your case:

    • Keep records: Preserve emails and text messages of your communications with the landlord. You could also keep proof of any out of pocket expenses that have accrued as a result of your injury. If you do not have evidence to prove these expenses, you may not be able to include that expense in your claim.
    • Take pictures of your injury: These may help to establish the severity and the impact of the harm you have sustained.
    • Take pictures showing the cause of the harm you experienced: It may help to see the state of the surroundings that caused you harm. These pictures may help prove landlord negligence. For example, if you became ill due to untreated mould in your home, taking pictures of this could be helpful evidence for your claim.
    • Claim on time: If you can help it, do not hesitate to make a claim if you are eligible. Generally, you have a 3-year time limit from the time of your injury to claim compensation. If someone is under 18 years old or has a diminished mental capacity, someone could apply to act as a litigation friend to launch the claim on their behalf.

    Seek legal advice: Our solicitors have years of experience in cases such as these and can help you start a claim against a landlord. It is not mandatory by law to use a solicitor but it may help you as they can help you through the claims process. They could also help you take steps to seek compensation for your injuries.

    Case Study

    In 2014, there was a case where a tenant received £2,000 from a private landlord that owned an agency that they rented their property from. The claimant, Nick, was a tenant in his late twenties, living in a rented property. The property had a problem with a leaky roof, an issue which Nick had reported to the landlord several times.

    Rather than resolving the issue, the landlord ignored the problem.

    As a result of the leaky roof, Nick slipped on the wet floor and suffered moderate spinal injuries as a result. He made a compensation claim against a landlord, and was awarded £2,000 in general and special damages.

    I Am Claiming Compensation Against My Landlord, What Can I Claim?

    If you make a compensation claim against a landlord due to an injury you suffered as a result of their negligence, you could be entitled to a payout.

    Your landlord compensation will be awarded in two parts. Firstly, you will be awarded general damages. These will be the largest part of your claim, which will compensate you for the pain and suffering you experienced as a result of your injuries. You will also be awarded special damages.

    Special damages are awarded to compensate you for the expenses you may have to pay for, as a result of your injuries. These can include medical expenses, travel expenses, expenses for at-home care or home adaptations and expenses for any loss of income, or loss of future income that you have experienced.

    How Much Compensation Could I Be Entitled To Claim From My Current Or Former Landlord

    Use our personal injury claims calculator, to see how much your compensation claim against your landlord could be worth. This personal injury claims calculator is based on average amounts of compensation our clients have received in general damages, depending on the injuries they have experienced. Use the calculator today, to estimate how much compensation your landlord accident claim could be worth.

    Severity of InjuryAverage CompensationType of InjuryComments
    Severe£34,270 to £52,620Toe InjuryFull amputations of one or all toes.
    Severe£158,970 to £189,110Foot InjuryFull amputation of both feet in the most serious of injury cases.
    Severe£46,980 to £65,420Ankle InjuryPermanent loss of function in the ankle or both ankles.
    Severe£225,960 to £264,650Leg InjuryLoss of both legs.
    Minor - Severe£58,100 to £85,170Finger InjuryTotal loss of function in a finger, or multiple fingers. May also include amputations.
    Minor - Severe£44,690 to £56,180Wrist InjuryComplete loss of function in wrist.
    Minor - Severe£132,040 to £189,110Hand InjuryTotal or effective loss of both hands.
    Emphysema£51,420 to £65,710Lung DiseaseDiseases and conditions affecting the function of the lungs, will get progressivly worse over time
    Temporary£2,070 to £5,000Lung problemsTemporary agrevation of a condition such as bronchitis.

    However, there is no substitute for an expert opinion. For an accurate estimate of how much compensation you can claim against a landlord for your specific injuries, call Legal Helpline, to see how much compensation you could claim.

    No Win No Fee Compensation Claims Against A Landlord

    Legal Helpline gives our claimants the opportunity to make a no win no fee claim for compensation. What is a no win no fee claim? It means that you receive the same great service from your solicitor, as any other client. However, you will only pay your solicitor’s fee if you win, out of your compensation package. This means that there is no financial risk to you and because your fee will be deducted out of your winnings, its the more affordable option for many claimants.

    Please call Legal Helpline today, to enquire about making a no win no fee claim for compensation from the landlord for mould, or disrepair leading to an injury.

    Why Choose Legal Helpline To Handle Your Tenancy Or Landlord Claim?

    Legal Helpline is a well respected Claims Management Company. We work with a panel of personal injury solicitors that have over three decades of experience representing personal injury claims against rogue landlords. So, you’re bound to be in good hands if you make your claim with us. Our personal injury solicitors will always fight to get you the maximum amount of compensation that you are owed and your compensation claim against a landlord could be worth tens of thousands of pounds. Call Legal Helpline today to start your claims process now.

    Compensation claim against a landlord FAQs

    Here, we’ll answer some common questions asked by claimants wanting to make a compensation claim against a landlord.

    Can you sue landlord for emotional distress?

    Just like you can sue for physical harm that you’ve experienced as a result of your landlord’s failings, you can also sue for mental or emotional harm. This will be assessed in a medical evaluation with an independent expert. If you work with our team at Legal Helpline, we can organise this for you as conveniently as possible, for free.

    Can I get compensation from my landlord?

    For a free consultation with our specialist advisors, please call Legal Helpline today to see if you could have grounds to make a compensation claim against a landlord.

    Contact Our Team Today

    Legal Helpline has a helpline staffed by knowledgeable advisors. If you think you may be entitled to claim compensation for your injuries, caused by landlord negligence, call us today to see if you have a legitimate claim. During your free accident claims consultation, we will let you know if you have legitimate grounds to make a compensation claim against a landlord. We also estimate how much compensation you could receive and can provide you with the right personal injury solicitor to handle your claim.

    If you think you have grounds for making a landlord accident claim, Legal Helpline would love to represent your case. Please call us today on 0161 696 9685, we’re looking forward to receiving your call.

    Helpful Links And Resources

    Council compensation claims

    If you want to claim compensation from the council this guide explains how the process works.

    Falls, slips and trip claims

    If you need to claim compensation after a fall, a slip, or a trip because of landlord negligence, find out how to do so in this guide.

    ROSPA

    Useful facts and figures relating to injuries that occur in the home.

    Thanks for reading our guide to making a compensation claim against a landlord.