Injured in an Accident at Home? Get Free Legal Advice

A tenant may make a personal injury claim against their landlord if disrepair at a rented property has resulted in an accident which has caused an injury. Under UK law, all landlords must make sure that the properties they rent out to tenants are safe to live in. Landlords usually have insurance to cover themselves in the event of a claim being made against them by injured tenants, and compensation in such cases will reflect the full impact that disrepair at a property and a subsequent accident, injury or illness has had on a person’s life.

Once a tenant has informed their landlord about a safety issue at a rented property, the latter must rectify the problem within a ‘reasonable' time frame. The Housing Disrepair Protocol 2003 sets down the landlord’ duty to at least address a tenants’ concerns within 21 days, and have a credible plan in place for swiftly and efficiently carrying out the necessary repair work. Certain disrepair issues at properties are more serious, such as when a ceiling is at risk of collapse, a heating appliance is malfunctioning in winter, a property is infested with bed bugs or floorboards are rotten from damp, and must therefore be addressed and repaired by landlords as quickly as possible.

Landlords are responsible for the safe functioning of installations supplying water, gas and electricity to a property, as well as the safe condition of fixtures and fittings including carpets, bathroom suites and cupboards. The state of roofs and gutters is also the landlord’s responsibility, as water leaking into a property can quickly lead to a damp and mould problem with associated health risks for tenants. Communal areas in blocks of flats and other residential developments must be maintained in a state of good repair, including stairwells, receptions, gardens, terraces and car parks.

If you are living in a property which is in a state of disrepair, the first step is to write to the landlord detailing the problems. If a landlord fails to address legitimate concerns raised by a tenant about the state of a rented property, they will be liable for any injuries or illnesses resulting from the disrepair. Tenants in this situation can contact our solicitors about making a personal claim against their landlord. We can help you claim compensation from your private landlord, housing association or council housing department on a no win no fee basis.

Mr and Mrs J agreed to rent a property for themselves and their two young children, but were unable to move in for longer than expected while a housing contractor carried out essential repair work on the property's roof and guttering. When they did finally move in they found that building materials, including scaffolding poles and planks, had been left in the grounds by the contractor. Over the next few weeks they asked their landlord repeatedly for the building materials to be removed from the property, due to the obvious risk they posed to the couple's young children, yet no action was taken. One evening their children were playing in the garden when one of them tripped over a scaffolding plank, banging and cutting his head on a stack of metal poles. He was knocked unconscious in the accident, and despite making a full recovery, sustained a deep cut that is likely to leave a permanent scar on his forehead.

After talking to our lawyers, Mr and Mrs J decided to act on their child's behalf in a no win no fee compensation claim against their landlord (minors must be represented by adults in order to make a claim). The central point we made to the landlord and their insurance company was that when tenants move into rented accommodation, they have the legal right to expect that the landlord will have left the property in a reasonably safe state. In this instance, the discarded building materials in the grounds of the property represented a clear hazard, particularly given the presence of two young children. Had the landlord taken action when informed about the issue, instead of ignoring it, the accident could also have been prevented. We were able to secure an admission of liability before the matter reached the court staged, and a compensation settlement of £4,500 was agreed.