A Guide To Suing A Landlord For Personal Injury
Landlords have a legal duty to ensure that their property is well maintained, and in a decent state for a tenant to live in. They have a contractual obligation to carry out repairs when necessary. Where a tenant has notified their landlord of a genuine problem but no action has been taken within a 'reasonable' time-frame, a claim for compensation may then be brought.
Tenants may be compensated for repair costs, physical or mental injury, illness, damage to personal possessions, time off work and medical costs. Both a personal injury claim and a property disrepair claim may be possible depending on the circumstances.
Compensation From A Landlord For Damp Related Illnesses
Damage to property and the resulting need for repair may relate to the structure of the house, the state of internal appliances, or a general lack of maintenance. One common disrepair problem is where roofs, windows or gutters leak, causing water to penetrate the inside of the property. If disrepair of this kind is left unattended, damp may spread through wooden structures such as window frames, causing them to rot. Damp in itself is an unpleasant problem to live with and over-exposure to it can cause asthma. Mould resulting from damp can also cause a variety of medical conditions.
Suing A Landlord For An Unsafe Boiler Leading To Gas Poisoning
Another area of disrepair relates to services provided at a property, such as gas, electric and water. An unrepaired boiler or faulty radiator may lead to extended periods without hot water or heating. A defective gas fire may even poison a tenant by letting out carbon monoxide fumes. All such systems and appliances must be working, in a state of good repair and safe to use. Landlords must also make sure that the external visage of the property is well maintained, including roof tiling and drainage piping. Compensation awards for disrepair are also likely to be high if a property has been infested by rodents or insects.
What To Do After Suffering Injury Due To Defective Premises
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. Under the Housing Disrepair Protocol 2003, a landlord will be obliged to address your concerns within 20 working days. If a landlord fails to address legitimate issues raised by a tenant concerning the state of a property, they may be liable to a compensation claim for disrepair. For a claim to succeed a qualified surveyor or environmental health officer will need to examine the property, and expert medical evidence may be required to prove that disrepair to the property has been the primary cause of an injury, or that a risk to health exists.
Accident Compensation From Landlords
We can help you claim compensation from your landlord. Our specialist solicitors can also help claim compensation from a housing association or from the council housing department. We can claim compensation for a personal injury caused by housing disrepair and we can claim compensation for suffering caused by housing disrepair. So, if you, your family, or friends have been hurt by housing disrepair call us today.