Tenant Injury Claims | claims.co.uk ™
Or call free on:
0800 234 6438
We take your data seriously. See our privacy policy & terms.
By submitting this form you agree to be contacted by our partners.

Tenant Injury Claims

What are tenant injury and illness claims

If you’ve been injured as a result of your landlord’s negligence, or you’ve sustained injuries on the property of your landlord, and it wasn’t your fault, you could be eligible to make a tenant injury claim.

As a tenant with either a private landlord or a local authority, you assume that the person responsible for ensuring your rental property is safe and fit for purpose takes their duty seriously.

If a landlord or a local authority fails in their duty of care to ensure that your dwelling is safe and fit for habitation, you may be entitled to make a compensation claim for any injury caused by their negligence.

Find out more about making claims against local authorities.

This could include disrepair to the floors, walls, or even ceiling; it can be mould growth due to poor ventilation or faulty plumbing. If you’ve sustained an injury as the result of your landlord’s negligence, or you’ve suffered an illness as a result of your landlord not carrying out their duty, you could be eligible to make a tenant injury claim.

To find out more about the personal injury claims process, or to talk through your experience with a trained legal advisor, call 0800 234 6438 today. They’ll listen to you and help determine whether you have a claim to pursue. If they believe you do, they’ll partner you with specialist solicitors who will take on your case on a no win no fee basis.

What are the most common injuries sustained in a home

If you’ve been injured or you’ve suffered an illness and you believe your landlord or the local authority is to blame, you could consider taking legal action against them to seek compensation.

As a tenant, you are reliant on your landlord or your local council keeping your home properly maintained. If they fail in their legal duty to maintain your rental property, and you believe their negligence resulted in your injuries, you might be eligible to claim against them.

The most common injuries sustained by tenants in a home can include:

  • Slips, trips and falls: These injuries can happen on wet or slippery floors, uneven surfaces or poorly lit areas.
  • Burns and scalds: These injuries can happen from faulty electrical appliances, gas leaks, or hot water systems.
  • Repetitive strain injuries: These injuries can happen from using equipment or machinery that is not ergonomically designed.
  • Carbon monoxide poisoning: This injury can happen from faulty boilers or heaters that are not properly ventilated.
  • Fire: This injury can happen from faulty appliances, equipment or poor wiring.
  • Asbestos exposure: This injury can happen from exposure to asbestos-containing materials in older properties.
  • Insect and animal bites: This injury can happen from exposure to pests in the rental property.
  • Head injuries: This injury can happen from falling objects, poorly secured furniture or poorly maintained staircases.

What is a landlord’s duty of care?

A landlord’s duty of care refers to the legal responsibility of a landlord to ensure the safety and well-being of tenants on the property they are renting, as laid out in the Landlord and Tenant Act 1985.

This includes taking reasonable steps to maintain the property in a safe and habitable condition, and to repair any known hazards or dangerous conditions in a timely manner.

For example, if you’ve developed asthma as a result of mould growing in the property, and you’d told the landlord about the mould, but they failed to act and you suffered as a result, you could make a successful claim against them.

Specifically, the landlord has a duty of care to:

  • Conduct regular inspections and maintenance of the property to identify and address any potential hazards
  • Make sure that all appliances, equipment, and facilities are in working order and are safe to use
  • Ensure that all common areas are kept in a safe condition
  • Provide proper security measures to ensure the safety of tenants
  • Provide smoke detectors and fire alarms in the rental property
  • Comply with all local and national health and safety laws and regulations
  • Provide any necessary information and warnings to tenants about any known hazards on the property
  • Keep the property free of pests and vermin
  • Not discriminate tenants based on disability or other protected characteristic.

This duty of care applies throughout the tenancy, and the landlord is expected to take action to address any hazards or dangerous conditions that are brought to their attention, whether by the tenant or by a governmental agency.

If a landlord fails to fulfill this duty of care and a tenant is injured as a result, the tenant may be able to seek compensation for their injuries through a tenant injury compensation claim.

What can I do if I am injured because of landlord’s negligence?

If you are injured because of your landlord’s negligence, there are several steps you can take in order to help proving liability so you can seek compensation for your injuries:

Document the injury

Take photos of the accident scene, gather witness statements and make a record of your injury. When you are injured due to your landlord’s negligence, it’s important to document the injury as soon as possible.

The photos and witness statements can be used as evidence in a court case, while your personal record of the injury can be used to track your medical expenses and lost wages.

Report the injury

Inform your landlord of the accident and the injury as soon as possible, and ask them to document the incident in writing. This is important because it puts the landlord on notice of the injury and the need for repairs or improvements.

You should also ask the landlord to document the incident in writing, as this will provide a record of the accident and the landlord’s response.

Seek medical attention

If you are injured, it’s important to seek medical attention as soon as possible. Not only will this help you recover from the injury, but it also provides a record of your injuries and the medical treatment you received. Keep all medical bills and records, as you will need them for any future legal action.

File a complaint with the relevant authorities

Depending on the nature of the injury, you may want to file a complaint with the local housing authority, the health and safety department, or the local government housing department.

These organisations can investigate the incident and take action against the landlord if they find that the landlord was negligent.

How much compensation could I claim?

To find out how much compensation you could be entitled to claim, use our compensation calculator, or speak to a personal injury lawyer who will be able to give you a more specific figure.

To provide you with a ballpark amount for the worse case scenario, the Judicial College Guidelines state:

  • Head injury – Very severe brain damage – Up to £403,990
  • Hand – Loss of function of both hands – Up to £201,490
  • Knee – Serious injury – Up to £96,210
  • Elbows – Disabling injury – Up to £54,830

What can my compensation claim cover?

When making a compensation claim against your landlord, there are certain damages your personal injury solicitor will pursue for you. These damages are typically split into two types:

  1. General damages
  2. Special damages

General damages

General damages will compensate you for any non-financial losses you may have incurred as a result of your landlord negligence. These can include injury or illness you’ve sustained, for example, because the rented property was allowed to fall into disrepair.

The amount of compensation you could be awarded for general damages will depend on the pain and suffering of the actual injury you sustained, the injury severity, and the impact the injury has had on your quality of life.

The more serious the injury or illness, the more compensation you will likely receive.

Special damages

The thing to remember about special damages is that they’re quantified and calculated by their value. This means that if you have a claim for special damages, you need to prove that you specifically lost out financially as a result of the injury or illness you’ve sustained.

Your personal injury lawyer will work out exactly how much money this loss represents in order to calculate your compensation.

Special damages can include, but aren’t limited to:

Loss of earnings

If you’ve been unable to work as a result of your injury or illness, you won’t have been earning money. And why should you suffer financially because of your landlord’s negligence? Your solicitor will work out how much income you didn’t receive and the ramifications of that, for example:

  • Lost income – This includes lost wages and benefits (such as insurance policies), as well as any future earnings that may have been earned in the future.
  • Lost pension – As a result of you not earning, you were likely not paying into your pension either, so this too could be included in the loss of earnings.

Cost of medical treatment

In addition to general damages for pain and suffering, you may also be able to recover your medical costs. These include:

  • The cost of doctor’s bills (this includes the cost of any diagnostic tests) if you had to go private
  • The cost of medication and other supplies required during recovery from your injury or illness
  • Physiotherapy

Out of pocket expenses

In addition to the cost of treatment and any medical supplies you might have needed, it is also possible to claim for any out-of-pocket expenses that you had as a result of your injury. This could include items such as taxi fares, petrol or bus tickets.

Care costs

If you’ve suffered injuries severe enough that you are unable to care for yourself or your children, and you require additional care for yourself or your children, or help with cooking and cleaning, for example.

How long do I have to make a claim?

In the United Kingdom, there is a general time limit of three years for making a personal injury claim. This means that claimants must begin court proceedings within three years of the date of the accident or injury.

However, the limitation date can be extended in certain circumstances. For example, if the person making the claim is a minor at the time of the accident or injury, the limitation period does not begin until their 18th birthday.

Additionally, if the person making the claim is suffering from a mental disorder that prevents them from making a claim, the limitation period may be extended.

It’s also important to keep in mind that the limitation period may be shorter or longer depending on the circumstances of the claim. For example, claims for negligence must be brought within three years of the date of the alleged negligence, or within three years of the date of knowledge that the injury was caused by negligence, whichever is the later.

What should I do if my landlord is threatening me with eviction if I make a personal injury claim against them?

If your landlord is threatening you with eviction, it’s important to understand your legal rights. A landlord cannot evict a tenant simply because they have made a personal injury claim against them.

However, if you are being threatened with eviction, don’t let them intimidate or scare you into not making a claim.

In the United Kingdom, tenants have certain legal rights and protections against eviction. Specifically, landlords are not allowed to evict tenants for complaining about or reporting dangerous or unsafe conditions, or for seeking legal remedies for injuries or damages caused by the landlord’s failure to maintain the rental unit.

If your landlord is threatening you with eviction if you make a personal injury claim against them, you can report this to the relevant housing authority, such as the Local Authority or the Housing Ombudsman. It may be considered as illegal retaliation, known as retaliatory eviction, and they can take action against your landlord.

You should also consult with an attorney who is experienced in handling tenant-landlord disputes in the UK. They will be able to advise you on your legal rights, including the possibility of taking legal action to prevent your eviction, or to claim compensation if you have been illegally evicted.

You should also keep a record of any communication with your landlord, including any threats of eviction, and any actions you take to report the problem or seek legal remedies. This can be useful evidence if you decide to take legal action.

It’s important to remember that you have the right to safe living conditions and the right to legal remedies if those conditions are not met, and you should not be threatened or retaliated against for asserting your rights.

Make a no win no fee compensation claim

If you believe that your landlord failed to take steps to protect you while you are/were living in their property, and you suffered injury or illness as a result of their negligence, then you may be able to make a claim.

Speak to a legal advisor for free on 0800 234 6438 and find out if you’re able to begin legal proceedings.

FAQs about making tenant injury claims

Am I eligible to make a personal injury claim against my landlord?

If you have been injured in your rented accommodation, and your negligent landlord is responsible for the accident, then you may be able to make a claim against them.

In order to make a personal injury claim against your landlord or local authority, it is important that you understand what constitutes liability and how it can be proven.

A landlord is legally responsible for injuries caused to their tenants if they have been negligent in some way while maintaining or managing the property. This means that landlords have an obligation to keep their premises safe and secure so as not to injure anyone who lives there.

If your landlord failed in their legal duty and you’ve sustained a personal injury as a result, whether that’s minor injuries, moderate injuries, or severe injuries, you could be eligible to make a claim.

To find out how to seek compensation from your landlord, or to learn out more about how to make a no win no fee claim, call 0800 234 6438 today and speak with a trained legal advisor. If they believe you have a claim to make, they’ll pass you onto a personal injury solicitor who will act on your behalf to secure you the compensation you deserve.

Private tenant injury claims

As a private tenant in the United Kingdom, you may be able to claim compensation from your landlord if you have been injured or suffered damages due to their negligence or failure to maintain safe living conditions. This might include compensation for medical expenses, lost wages, and pain and suffering.

You can claim compensation from your landlord for injuries that you sustained or illnesses you contracted as a result of the landlord’s failure to comply with their legal obligations to repair and maintain the property. You can also claim for injuries caused by a lack of security or for injuries resulting from a failure to deal with hazards such as asbestos, lead or gas safety hazards.

It is important to note that in order to make a claim for compensation, you will need to prove that your landlord was negligent or failed to take reasonable steps to ensure your safety, so it’s important to have good records of any injuries and evidence of the hazardous condition that caused it.

Local council tenant injury claims

As a council tenant you are also able to claim for compensation for injuries or damages caused by the council’s failure to maintain safe living conditions or breach of their legal obligations in relation to the property.

Do not feel intimidated or threatened by bringing a claim against a large government organisation. In fact, doing so could potentially improve the situation of many more people. With more than 16% of the UK’s population living in council housing, you could be doing your local community a favour!

Plus, your local authority is subject to the same legal duty of care as a private landlord, and will be held accountable in exactly the same way.

Can I make a tenant injury claim against a former landlord?

Yes, you can make a tenant injury claim against a former landlord. You do not have to be living in the property to make a tenant injury claim. You can still make a tenant injury claim if you have moved out of the property, and it does not matter whether or not your landlord is still managing that property.

This is why it’s so important to document evidence at the time of the injury or illness that the landlord’s negligence or failure to maintain safe living conditions.

Other Important Information

*No Win No Fee

  • Although all our cases are handled on a no win no fee basis, other costs could be payable upon solicitors request. These will be fully explained to you before you proceed. Most customers will pay 25% (including VAT) of the compensation they are awarded to their law firm, although this may vary based on individual circumstances. Your solicitor may arrange for insurance to be in place for you to make sure your claim is risk free. Termination fees based on time spent may apply, or in situations such as: lack of cooperation or deliberately misleading our solicitors, or failing to go to any medical or expert examination, or court hearing.
  • *Criminal Injury Claims

  • If you want to make a claim for a criminal injury, you are not required to use the services of a claims management company to pursue the claim. You can submit your claim for free on your own behalf, directly to the Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland).
About the Author

Nicola Laver LLB

Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.

When you submit your details, you'll be in safe hands. Our partners are National Accident Helpline (a brand of National Accident Law, a firm of personal injury solicitors regulated by the Solicitors Regulation Authority). They are the UK's leading personal injury service. Their friendly legal services advisers will call you to talk about your claim and give you free, no-obligation advice. National Accident Law may pay us a marketing fee for our services.

By submitting your personal data, you agree for your details to be sent to National Accident Law so they can contact you to discuss your claim.

If you win your case, your solicitor's success fee will be taken from the compensation you are awarded - up to a maximum of 25%. Your solicitor will discuss any fees before starting your case.