A Guide To Making A Compensation Claim Against A Landlord

Last Updated 9th October 2024. A lot of people are reliant on landlords for the proper upkeep of their homes. However, at times, a landlord may fall short and fail to carry out repairs or do so in a haphazard manner. Our guide explains what you can do to help your case if negligence leads you to make a compensation claim against a landlord.

Read on to get answers to such important questions as:

  • What exactly is landlord negligence?
  • How much can I sue my landlord for emotional distress or illness?
  • Can a solicitor help me with suing a landlord for negligence?

Our guide covers the important elements of a claim, as well as the No Win No Fee basis upon which our panel’s solicitors offer their expert support.

Call Legal Helpline for free on 0333 000 0729 to see if you’re able to make a landlord accident claim. Alternatively, you can contact us online and ask us to call you. If you prefer to talk online, click the live support button below.

A wet floor inside of a home.

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Could I Make A Compensation Claim Against A Landlord?

If you have experienced an accident in your rented home, which you believe was due to negligent upkeep 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.

If the landlord breaches the Landlord and Tenants Act of 1985, and you are harmed from this breach, then this is known as negligence.

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.

As such, here is the eligibility criteria to claim against a landlord:

  1. A landlord owed you a duty of care as a tenant.
  2. The landlord breached their duty of care by providing substandard living conditions.
  3. You suffered an illness or injury due to this breach.

For more information on suing a landlord for negligence, and to confirm your claim eligibility, please contact us.

Claiming For Disrepair Leading To Injury or Illness

Landlords are responsible for all repairs of a property. Tenants are responsible for reporting any housing disrepair they find 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.

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

If you have become injured or ill due to your landlord’s negligent actions, then collecting evidence is vital to show that negligence has occurred.

Such evidence includes:

  • Photographs of the poor living conditions and of your injury (if visible). For example, photos of a leaking drain.
  • Medical documents, such as reports and notes, that show the extent of your injury/illness.
  • Copies of any emails or letters you have sent to your landlord where you have reported an issue that the landlord failed to fix.
  • A personal diary where you have recorded your symptoms and treatment for your injury/illness.

If you need help collecting your evidence, then a solicitor from our panel can help you if you are eligible to claim. So, you should contact us if you have become injured or ill due to your landlord’s negligent actions.

How Much Could I Receive For A Compensation Claim Against A Landlord?

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.

This section includes a table created using information from a publication called the Judicial College Guidelines (JCG). This is used by legal professionals to value compensation in injury claims made in England and Wales.

However, your claim against your landlord will be valued individually. If you were to sue your landlord for emotional distress or harassment, they may consider factors such as how long it will affect you, any medication you may need and the cost of any therapy. Additionally, the figure in the top row was not taken from the JCG but included to show you how compensation could be awarded for multiple injuries and related costs.

Type of InjurySeverity of InjuryCommentsGuideline Compensation
Multiple serious injuries/illnesses with special damagesSeriousA compensation award for sustaining more than one serious injury or illness with the finances you have lost due to these injuries/illnesses, such as medication costs and lost earnings. Up to £500,000+
Foot Amputation of both feet (a)Where the ankle joint is lost. £206,730 to £245,900
Severe (d)Where both heels are fractured. £51,220 to £85,460
Leg Severe (b) (i)The most serious injuries that are just short of amputation, such as gross shortening of the leg.£117,460 to £165,860
Lung DiseaseDisease that causes lung function to significantly worsen (c)Emphysema is included within this bracket. There will also be impaired breathing that restricts physical activity and employment. £66,890 to £85,460
Bronchitis (e)Wheezing that doesn't cause any serious symptoms. £25,380 to £38,210
Knee Severe (a) (ii)A leg fracture that has extended to the knee joint, causing permanent pain. £63,610 to £85,100
WristComplete loss of function (a)For example, where an arthrodesis is performed. £58,710 to £73,050
Less severe (c)Some permanent disability will still remain. For example, persisting stiffness. £15,370 to £29,900

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.

If you would like to learn about how to sue your landlord for stress in the UK, or for other forms of injury, then please reach out to a member of our team.

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.

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 0333 000 0729, 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.