Landlord Negligence: What You Should Know
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Your home is meant to be a comfortable space where you can relax and feel safe, so if you become ill or injured due to issues with your home, it can be extremely difficult to process. This can be made even harder if your injury was caused by your landlord’s negligence.
If you’re renting a property, it’s important to understand your rights as a tenant. Knowing where you stand legally can help you protect yourself and ensure that you understand your options for legal recourse, should you choose to make a landlord negligence claim.
What is landlord negligence?
While living in a rented property, your landlord has a duty of care to protect you from injury. If you have had an accident at home due to a defect in the property, your landlord could be held responsible, especially if you have reported the issue to them previously and they have failed to take action to resolve it. This applies to renting from a private landlord, a letting agent, a housing association, the council, or a student property.
Types of landlord negligence
We’ll outline some of the issues that tenants may face due to landlord negligence, that can have an effect on a tenant’s health, safety, and wellbeing.
In terms of repairs to your home, it’s important to note that landlords only have to make repairs if they are aware of a problem, so make sure you tell your landlord about any issues that arise.
Structural issues
Your landlord is generally responsible for repairs in relation to the structure of the property they’re renting out, and that foundations, walls, roof, or other essential building components are maintained.
Health and safety hazards
Gas and Electrical Safety: Citizens Advice confirm that your landlord is generally responsible for keeping water and gas pipes, as well as electrical wiring in repair.
Asbestos: According to Shelter, while asbestos being present doesn’t constitute disrepair, if it is damaged or deteriorates and there is risk of asbestos dust, the landlord should act to prevent disrepair.
Mould: Your landlord has to ensure that your home is safe to live in, and if a serious mould problem means it becomes ‘unfit for human habitation’, your landlord may be held responsible.
Failure to maintain premises
Maintenance of the boiler, fitted heaters, radiators, and gas or electric fires are generally landlord responsibilities, as outlined by Citizens Advice. Pest control may also be the responsibility of your landlord, should it mean the property is deemed ‘unfit for human habitation.’
Security issues
Repairs to doors and windows are also the responsibility of your landlord, as outlined in Section 11 of the Landlord and Tenant Act 1985. This is the case, even if your tenancy agreement states that your landlord is not responsible for these repairs.
Legal responsibilities of landlords
If you rent a property, what is known as ‘common law’ protects tenants from suffering the cost of a home accident. This is also known as ‘implied terms’ in your tenancy agreement. It states that property should be in a condition that poses no significant risk of an accident in the home to those who live in the property or to visitors.
Your landlord also has legal responsibilities outlined in the Landlord and Tenant Act 1985. This Act states that it is a landlord’s responsibility to make sure that both the inside and outside of the home is safe and properly maintained. Landlords must provide a building that:
- Is safe to live in
- Is free from damp and well ventilated
- Can withstand normal weather conditions
- Can withstand normal use by tenants and visitors
- Is in a reasonable state of repair inside and outside
Tenants are also protected by The Defective Premises Act 1972. Under this act, landlords have a duty to prevent personal injury or damage to property caused by defects in your home. Citizens Advice explain the further legal responsibilities for landlords if you live in a house in multiple occupation (HMO).
If a landlord fails to meet these legal requirements, it can lead to accidents in the home; if you suffer an injury or illness because of landlord negligence, you could be eligible to make a claim for compensation.
How to prove landlord negligence
To prove landlord negligence, it’s important that you record as much evidence as possible. Examples of evidence that can support your landlord negligence claim include:
- A copy of your tenancy agreement
- Photographs of disrepair
- Copies of relevant communication between you and your landlord
- A record of the disrepair and how this has impacted you
- Witness statements from other tenants
- Records of any maintenance work carried out
- Records of any medical visits or treatments relating to the negligence
- Any expert evidence you’ve received from a professional e.g. a surveyor or Environmental Health Officer
As mentioned earlier, it’s important to tell your landlord about any issues with the property. Notifying your landlord in writing will mean you have a permanent record that can be referred to, should you need it.
Consequences of negligence
The consequences for a landlord found to be negligent can include legal action taken against them for any harm or damage caused. They may be required to pay compensation to a tenant if a landlord negligence claim is made and they could also be liable to pay fines.
How to prevent landlord negligence
Landlord negligence claims can often be prevented by conducting regular property inspections, addressing tenant concerns promptly and by maintaining accurate records of repairs and maintenance.
Steps to making a claim against your landlord
If you’ve suffered an illness or injury due to landlord negligence, you could be eligible to make a claim. The Compensation Experts offer a FREE claim assessment to see if they can put you in touch with a personal injury solicitor who specialises in these types of claims and can help you seek the compensation you deserve.
The process for making a landlord negligence claim can be broken down into three key steps:
Step 1: Call us on 0800 182 2191 or you can request a call back via our contact form or our live chat.
Step 2: One of our friendly compensation specialists will assess what happened to you and can quickly tell you whether you have a potential claim. They will then connect you with a suitable solicitor who will discuss the facts of your case and how it has affected you.
Step 3: Your solicitor will gather evidence and notify the negligent party that you wish to begin claim proceedings. They will then negotiate on your behalf to recover the compensation you’re entitled to. If your claim is unsuccessful, you won’t pay a penny as per our No Win No Fee guarantee.*
*Typically, customers pay 25% including VAT of the compensation amount that is recovered by our third-party law firms, although this is subject to your individual circumstances and the actual fee may be more or less than this. Termination fees may apply if you do not keep to the terms of the agreement.
How The Compensation Experts can help you
If you’ve been injured or become ill due to landlord negligence, The Compensation Experts can help put you in touch with experienced solicitors who specialise in this type of legal work. Our experienced team of experts are committed to helping people seeking the compensation they deserve – get in touch today to start your claim.
How we research our articles:
We work closely with law firms who specialise in various areas of personal injury law. As part of our relationship with our partner law firms, we have direct access to their legal expertise, and use this to help inform our articles and online resources. All legal information is validated by experts in their field, and any additional information is backed up by reputable resources; such as gov.uk, Citizens Advice and the NHS website.
