Accident in Rented Property Claims

It is essential that you are familiar with your rights as a tenant in case you suffer an accident in a rented property.

The law states that one of the landlord’s responsibilities is to take reasonable steps to make sure that the property which they are renting out is maintained and is free from any possible risks. In other words, the landlord holds a duty of care to you. If a breach of this duty results in an accident in rented property, you may be entitled to a claim for compensation. 

What Safety Precautions Can You Expect from Your Landlord? 

1. Fire Safety Regulations – your landlord must ensure that the property being rented out is not susceptible to fire accidents, and that action has been taken to minimise any fire risks which may exist.

2. Gas and Water Leaks – it is the landlord’s duty to inspect the property for any water and gas leaks. Preventative measures should be taken to ensure the risk of a gas or water leak is minimised.

3. Building Repairs – any building repairs required to a property, whether minor or major, are the landlord’s responsibility to carry out.

4. Electrical systems – it is the landlord’s responsibility to ensure that all electrics in the property run safely and properly. This will involve ensuring that furniture in the property is fire resistant, checking fire escapes, smoke detectors and undertaking PAT testing on all appliances in the property to ensure they are safe for use.

It is your responsibility as the tenant to make your landlord aware of any potential risks or hazards which you come across in your property. Your landlord should make repairs in your property within a reasonable period of time.

What Are Common Accidents in Rented Properties? 

Whilst some injuries and accidents are easy to see, and the cause of them can be easily identified, it may also be that your general health is affected by the living conditions in a property. Whether there is a clear accident or something in the property damaging your health, your landlord may be held liable.

Common injuries from a landlord’s negligence can include:

•  Respiratory problems and other serious illnesses, which can be severe and long term, sustained as the result of dangerous gases from boilers which are not correctly fitted for example.
• Injuries which result from an electric shock. These types of injury can be as a result of any electrical appliance or equipment which is not maintained or repaired regularly.
• Head injuries which can be as a result of plasterwork falling from walls and ceilings
• Slips, trips, and falls due to defects on the floor within the property
• Respiratory problems from damp, mould or leaks in the property

It may also be possible to sustain an accident in a communal area if you are living in a property with multiple tenants. You may be entitled to claim for this type of accident also. A communal area is also somewhere your landlord has to ensure is properly maintained, safe and free from risks. Under The Defective Premises Act 1972, the landlord holds an obligation to also maintain communal areas.

What Action Should You Take After an Accident in Rented Property? 

If you suffer an accident in a rental property, you should firstly seek medical attention for your injuries. You should report the accident to your landlord, housing association, or Council so that they can make any necessary repairs to your property.

You should try to record the injury details and take photographs of both the injury and the issues in the home. All these documents will act as evidence supporting your claim against your landlord.

If you rent your property from a local authority, please see here for further information.

What Is the Claims Process?

 In order to claim for an accident in a rented property, you may require legal advice and assistance through the process. Once you contact Beacon Law for your query, we will examine the merits of your case, and we will specifically advise you whether we think you have a claim which is likely to be successful. We will advise you around the relevant law, such as the Tenant Act 1985, Defective Premises Act 1972 and the Landlord and Tenant Act.  

If you agree for Beacon Law to act on your behalf, we will assist you throughout the progress of your case, providing regular updates and specialist legal advice. Once we collect all your evidence, we will notify your landlord of the claim being brought. We will most likely need to instruct an expert on your case to assess your injuries. We will assist you in locating an expert who is suitable for your injuries and your case.

We will liaise with your landlord throughout your claim, and you will not need to have contact with them. We will try and negotiate a settlement for you, which will include damages for your injuries and any other losses you have suffered, such as loss of earnings. We will try and reach the best settlement for you.

However, sometimes the parties cannot reach an agreement, and as such, we may need to register the matter with the Court. Once the claim is registered with the Court, the Court will assist in ensuring the parties conduct the case efficiently, ensuring deadlines are met. It may be that settlement will be reached before going to Trial.

For further information around the claims process, see here. 

What Compensation Can I Expect to Receive?

 We will try and recover as much as possible on your behalf. We will seek recovery for general damages for your injury and also special damages such as the recovery of any private medical treatment you have undertaken. The amount of compensation you receive will be largely based on the type of injury you have suffered and the amount of time taken for you to recover. We will also attempt to recover any expenses you have incurred, such as travelling to your medical care, medical expenses and loss of earnings.

How Much Will A Claim Cost?

At Beacon Law, we work on a ‘No Win No Fee’ basis. This fee agreement means that as long as you cooperate with us throughout your case and are honest, you will not need to pay any fees if your case is unsuccessful. If you are successful in bringing a claim, our fees will be deducted from your compensation at the end of your case.

How Can Beacon Law Assist? 

Beacon Law are authorised and regulated by the Solicitors Regulation Authority. We specialise in personal injury claims and accident claims. We hold vast experience in assisting tenants claiming for the accidents at home. We can provide you with legal advice and can act on your behalf on your injury claims. Should you wish to discuss your case with us, please contact us using one of our contact forms, or by calling 0330 1332 857.