A private landlord, housing association or local council may be held legally responsible for a personal injury in a rented property if a tenant has been injured or made ill due to disrepair that the landlord was aware of, or should have been aware of. The general duty on all landlords is to provide accommodation that is safe to live in. Safety issues will often pre-date a tenant moving into a rented property and a landlord may be unaware of a problem, but from a legal perspective they should have been aware of it before providing unsafe accommodation, and are hence legally liable for injuries and illnesses resulting from their negligence.
As per the Housing Disrepair Protocol 2003, once a landlord has been informed of a possible hazard at their property by a tenant, they are legally obliged to address the problem within 21 days, and must then carry out the necessary repairs within a reasonable time-frame. If they fail to do so, and a tenant develops health problems or sustains a personal injury in a rented property as a direct result, the latter will be able to make a claim against their landlord for the injury itself and the repercussions it has caused, including loss of earnings, damage to personal possessions and the cost of medical treatment.
Typical Causes of Injuries in Rented Properties
Section 4 of the Defective Premises Act 1972 lays out the legal obligation on landlords to prevent tenants getting injured due to defects in the state of the premises. Examples of defects that can cause a personal injury in a rented property include damaged floorboards, worn carpeting, stairs lacking handrails, loose plaster on ceilings and defective furnishings. It is important to note that landlords are also responsible for defects in communal areas at rented properties under the Defective Premises Act, such as potholes and other surface defects (including in some cases ice and snow) in outdoor areas, as well as hazards on stairwells and in reception areas.
Personal Injuries in Rented Properties Caused by Structural Defects and Appliances
Another important piece of legislation concerning a tenant’s legal rights in the event of a personal injury in a rented property is the Landlord and Tenant Act 1985. Section 11 of the Act requires that landlords keep the structure and exterior of their properties in a state of good repair, and also makes them responsible for the safe functioning of internal appliances providing gas, electrics and water. A landlord may therefore be legally liable for injuries and illnesses caused by damp and mould, for example, if water is leaking into a property because of missing roof tiles or broken guttering, and also for injuries resulting from malfunctioning appliances such as gas boilers and immersion heaters.
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.
Make a free compensation enquiry today
For specialist advice on your personal injury claim, call us now on Liverpool 0151 227 3391 or Chester 01244 645830 or Wrexham 01978 360056 or complete a Free Online Enquiry and we will soon be in touch.
