Bartletts Solicitors recently handled a personal injury claim against a landlord on behalf of a tenant who was injured when part of the ceiling at his rented property collapsed. Mr D was at home when a shower of dust and three sizeable lumps of plaster fell from the ceiling, one striking him directly on the head. He sustained a cut that required five stitches, as well as bruising and mild concussion.
A few weeks before, he had told his landlord that the boiler at the property kept losing pressure, and that several cracks had developed in the living room ceiling. Despite the landlord having been informed about the problem, no action had been taken to inspect or repair the boiler. Mr D was sure that the problems with the boiler and ceiling were related, and having subsequently found out that this was indeed the case, he decided to seek legal advice.
Tenant Advised He Could Claim for Head Injuries
Mr D contacted our housing disrepair specialists and asked; can I claim compensation from my landlord for cuts to my head? After considering the accident circumstances, we advised that he could claim against his landlord. Mr D instructed us to begin a claim against his landlord for his head injuries and the trauma he had gone through.
We argued that the landlord had acted negligently in failing to deal with the suspected problem reported to him, and in doing so had put his tenant, Mr D, at an unacceptable level of risk. The fact that the boiler was regularly losing pressure would have alerted a plumber to the likelihood of leaking water, and had a qualified professional inspected the boiler it is likely that the accident would have been averted. The landlord owed Mr D a duty of care as his tenant, and was responsible under the Landlord and Tenant Act 1985 for repairs to installations such as the boiler. The landlord’s failure to repair the boiler led to the tenant’s injuries. We were later able to agree a compensation settlement with the former’s insurers totalling £3,500.
Landlord Fined £60,000 for Dangerous Ceiling
In December 2021, a Twickenham landlord was fined £60,000 after being taken to court by Richmond Council for renting a dangerous flat to a mother and her young son. The tenant had complained to the council about the state of the property, and an inspection had found damage which the landlord was ordered to repair. A second visit took place a month after the repair work was supposed to have been completed, when it was discovered that a bathroom ceiling had collapsed due to damp plaster, leaving the flat’s only bathroom unusable. No improvement work had been carried out, and after failing to respond to further requests from the council, the landlord was taken to court.
The case illustrates the size of the financial penalty that rogue landlords can be forced to pay for failing to make necessary repairs to their properties, while leaving their tenants exposed to the risk of getting injured or made ill in the meantime. Babies and young children, in particular, may be struck and injured by pieces of plaster falling from damaged ceilings, while inhaling plaster dust can cause breathing problems and asthma. Defective ceilings are often only one of various disrepair issues at rented properties, but can be one of the most dangerous. This recent case highlights the fact that landlords will be held accountable if they fail to deal promptly with disrepair issues, and place the health and safety of their tenants at risk.
Our Experience With Accidents at Home
We have won a variety of cases for clients who have been injured at rented properties, ranging from a claim on behalf of a tenant who fell down poorly lit communal stairs, to a claim on behalf of a child who was injured by discarded building materials at a rented property.
The Claims Process
Claiming with us is easy. Get a free no obligation initial consultation about your case, your rights, and our no win no fee agreement. All information can be taken over the phone. Medical treatment is local to you. We aim to keep the claims process short by keeping claims out of court. If your claim does need to go to court it is unlikely that you will need to attend court, as cases settle before the final hearing.
Your Compensation
Compensation will pay for private healthcare treatment. It will also cover:
- Physiotherapy
- Psychological therapy
- Expenses (such as the cost of travel to hospital appointments)
- Loss of income
- Household adaptations
The amount of compensation you receive will depend on the severity of your injuries and the likelihood that you’ll make a full recovery. We’ll seek expert opinions on what care you’ll need to ensure that the compensation we claim will be sufficient.
