Accident & injury from housing disrepair claims

If your landlord has failed to meet their responsibilities to keep you and your family safe, then this can cause several different types of injury, some of which can be life changing.

Below are some examples. If your injury isn't listed, then don't worry - it's still likely we can help you.

Carbon monoxide poisoning

Your landlord is responsible for making sure the gas appliances in your home are safe, and they must arrange for a gas safety check to be carried out by a ‘gas safe' engineer every 12 months.

Carbon monoxide poisoning (also known as CO poisoning) is often caused by malfunctioning or poorly maintained gas boilers and appliances. In some serious cases it can be life-changing, causing damage to the brain and heart.

Slips, trips and falls

Slips, trips and falls in the home are often caused by ripped carpets, floorboards which are loose or missing, poor lighting, as well as loose paving slabs or unsafe steps in the garden.

Your landlord is responsible for making sure your property is maintained and safe for you and your family to live in, and this includes taking reasonable actions to avoid slips, trips and falls.

Respiratory problems

Damp or mould in your home can be a cause of respiratory problems. Breathing in damp air or mould spores can cause lung conditions such as asthma, bronchitis or emphysema, or could make existing conditions worse.

Damp can often be caused by leaks or a lack of ventilation, particularly in kitchens and bathrooms. If you've let your landlord know about damp or mould in your rented accommodation, then they have a responsibility to address the problem.

You may not be aware that the home, owned, rented or otherwise, is - according to ROSPA - actually the most common place for accidents to happen. This is due in part to the amount of time we spend at home, but also the items, objects and hazards we all have in our homes that present a certain element of danger and potential for harm. 

Falls and trips in particular are very common, especially with younger children and people in later life, while most accidents occur in lounges and living rooms. 

Every year, across the UK, approximately 6,000 people die as a result of their injuries suffered from an accident in the home.

Landlords are responsible for the safety of their tenants - you. Their duties are enshrined in law and breaches come with penalties.

A good landlord will always go above and beyond statutory requirements - but some don't so never assume everything's as it should be. Here we've highlighted the certifications your landlord should have carried out: 

Gas safety checks

• Any gas appliances and flues in the property must be safety checked annually. The checks must be carried out by a qualified Gas Safe-registered engineer. 
• Your landlord must give you a record of the safety check within 28 days of it being done and new tenants should receive this at the beginning of their tenancy. 

Electrical safety checks

• All electrical systems and appliances in the property must be safe before the start of a tenancy. 
• Houses with several flats require an electrical report and certificate every five years, but more regular testing is recommended. The safety checks should be carried out by a Part P qualified electrician.
• The landlord should also have an Electrical Installation Condition report (EICR) and residential properties should be tested every ten years. 
• Any additional or significant electrical installations must be carried out by a qualified electrician, who should provide the landlord with a certificate in addition to the EICR.
• If you were a new tenant moving in between EICR checks, the landlord should ensure a qualified electrician checks the wiring system is still safe. 

If the property comes with portable appliances like kettles, coffee machines or TVs, then the landlord should PAT-test them, ideally every year, to make sure they're safe.  

Energy Performance Certificate

• Landlords must have an up to date Energy Performance Certificate (EPC) for the property. 
• The EPC details the property's energy use and typical energy costs. It's valid for ten years and includes any recommendations for improving energy efficiency.

Always check that your landlord has specialist landlord insurance cover in place for your peace of mind. Lastly, if no smoke alarms are fitted, ask your landlord to fit them where appropriate.

Find out more about the smoke and carbon monoxide alarm requirements in rental accommodation.

In accordance with government guidelines, landlords in England must adhere to a number of responsibilities, which benefit themselves and their property, but most importantly, help to protect and support their tenants. 

Landlords must: 

• keep rented properties safe and free from health hazards
• make sure all gas equipment and electrical equipment is safely installed and maintained
• provide an Energy Performance Certificate for the property
• protect a tenant's deposit in a government-approved scheme
• check a tenant has the right to rent the property if it's in England
• give tenants a copy of the How to Rent checklist when they start renting

Additionally, all fire safety requirements for a property must be met and it is the landlord's responsibility to ensure all maintenance is carried out to continue to meet these requirements. It is also the responsibility of the landlord to allow for health and safety inspections to be carried out as and when required.

Even if you or a member or family hasn't been injured or fallen ill because of a disrepair problem, you may be wondering what you should do to get things fixed. It's your legally-protected right to rent a home that's safe and fit to live in. Here's our quick guide to getting things sorted out:

• Provide formal notice to your landlord that there's a problem and describe it. Do this in writing so there's a clear record.  
• Keep clear records of what the problems are, when they began when you let the landlord know and what action they took.
• If they don't sort the problem promptly, it's also worth informing your local authority (if they're not your landlord). 
• Your local council has powers to compel a negligent or sloppy landlord to take action about inadequate housing conditions. 
• Always allow access so your landlord can make an inspection or carry out repairs. Not giving them a fair chance to fix things will help their case in any formal action relating to housing disrepair claims.

When you rent a property, you're protected by common law. This may also be called ‘implied terms' in your tenancy agreement.

Common law states that a property should be in a condition that poses no significant risk to you or your visitors.

Also, your landlord should follow the strict rules set out in the Landlord and Tenant Act 1985.

The Landlord and Tenant Act 1985 states that your landlord is responsible for making sure your home is safe and properly maintained both inside and out. 

The Act applies to all tenancies agreed after 1961. Section 11 of the Landlord and Tenant Act 1985 summarises landlord responsibilities as follows:

• The property must meet all required fire safety regulations.
• Repair and properly maintain gas, electricity, water and sanitation.
• Address mould, damp and any infestation problems.
• Repair and maintain roof structures and plasterwork.
• Maintain the property's structure and exterior, including external pipes and drains.
• Provide efficient security.
• Fix any central heating and wiring defects.

In effect, this means your rental property must be able to:

• Withstand normal weather conditions.
• Withstand normal use by tenants and visitors.
• Is in a reasonable state of repair, both inside and outside.
• Is safe for you to live in, is free from damp and well-ventilated.

It's really important to remember that the Landlord and Tenant Act 1985 is always applicable and protects your rights even if you don't have a tenancy agreement. Nothing in your tenancy agreement can breach the law. 

If you've been injured or contracted an illness because your landlord has breached their duty of care to you, then you may be eligible to make a personal injury claim for disrepair. Contact us on for a confidential chat with one of our friendly, personal injury advisors.

Absolutely. If you feel your landlord is negligent in their responsibilities to you as a tenant, you may be entitled to make a negligence claim against them, to receive compensation for any physical or mental harm you may have suffered as a result. 

In these instances, you may be able to claim for general or special damages, travel costs and medical bills, to cover additional costs and to help you with your recovery from trauma caused by landlord negligence.

If your claim succeeds, your landlord's insurance company will pay your compensation. This ensures the landlord responsible isn't hit with a bill they can't afford. 

We can help connect you with a specialist no win no fee solicitor, so always take professional advice. Contact us on for a confidential chat with one of our friendly, personal injury advisors.

No. There are strict laws in place to prevent harassment or illegal eviction. There is a clear and set procedure for legal eviction that landlords must follow. 

If you're being intimidated in any way by your landlord because you've mentioned you may be making a claim or are in the process of making one, call your local council. If the intimidation involves threats or actual physical violence, call the police immediately.

The short answer is yes. For example, if you were hurt in a house fire caused by negligently-maintained wiring, you may also have lost some - or in the worst case - all of your possessions. The value of your belongings would also be included in any claim for disrepair that you choose to make using one of our specialist solicitors.

If you have suffered any physical or mental harm due to the negligence of your landlord you may be able to make a claim against your landlord, even if you've moved out of the property associated with them. 

If you wish to make a claim, you'll likely need to make your claim within three years of moving out, as this is the typical time limit for making a personal injury claim. However, this may differ depending on individual circumstances.

You can typically make a personal injury claim for negligence by a landlord up to three years after the accident event or when your illness was diagnosed. For children, a parent, guardian or other officially responsible adult can claim for them up until they're 18. If no claim has been made, they can make a claim as an adult between their 18th and 21st birthdays. it's always best to take advice about claiming as soon as you can.

Talk to us on . We can give you the help you need to make the decision that's right for you and yours.

The amount of time your landlord negligence claim could take will depend  on circumstances around your individual case, as well as the complexity of the investigation into it. 

It's likely that you'll need to be prepared for it to take some time, especially if the other side denies, or disputes, liability. Negotiations can be a long process too. Generally, there are a lot of variables that could cause delay. 

When you speak with a National Accident Helpline solicitor, they will be able to give you some idea of how long they expect the claim to take, based on your claim, circumstances and their experience of taking care of similar claims previously.

It's not likely that you'll need to go to court for your claim. In fact only about 5% of our claims require a court hearing, and in most cases - even if your solicitor brings about legal proceedings against the other side in your claim - negotiations will often ensure all parties are kept out of court. 

There is always a small chance of your case going to court, as not all claims are the same. However, you may not need to be present in court yourself. 

Your solicitor will of course advise you of any court requirements and what you may need to do for them.

At National Accident Helpline, we know just how traumatic injuries caused by poor rental housing conditions can be - and how stressful making landlord accident claims can be. All our advisors are trained, have great people skills and are exceptional listeners. 

We often help people and their families who are still suffering the physical and psychological consequences of accident injury. Compassion, sensitivity, empathy and experience are characteristics we value highly in our team.

The same applies to the landlord and tenant solicitors for personal injury we pick to work with and we expect them to provide the same levels of care as we do. 

Across many years, we've helped more than two million people hurt in accidents or caused illnesses that weren't their fault. Contact us on  for a confidential chat about whether you can make a landlord negligence claim: we're on your side.

Starting your compensation claim for an accident caused by your landlord is simple. The first step is to find out whether we think you have a claim. You can do this by getting in touch with our personal injury advisors for free on  .

Our help is confidential. We'll never rush or pressure you into making a claim - we're simply here to give free, impartial advice and to help you understand whether you can claim.

If you do decide you'd like to take the next steps, we can put you forward to the right specialist solicitor for your case.

Your solicitor will make sure you know exactly what to expect and will answer all your questions. They'll then contact the landlord's insurance company to negotiate compensation on your behalf.

We realise you may feel uncomfortable about making a claim against your landlord. But in most cases your landlord will have ‘landlord liability insurance' - this means your compensation will be paid by their insurance company, not by them personally.