Health and housing are often interlinked.

The landlord and tenant relationship offers a duty of care. Should a landlord neglect your complaints and you consequently you suffer an injury, you may be entitled to compensation.

The ability to make a claim is afforded to all members of your household who are suffering ill-heath arising from the disrepair. The amount of compensation awarded will depended on the severity of the issues.

Due to the responsibility of the repairs ultimately lying with a landlord, the ability to make a claim also applies to where it can be proven that a tenant has been injured because of substandard workmanship or repairs. The repairs that a landlord carries out should be completed to a good standard, by professional tradespeople.

Injuries can be short or long term. This ensures a claim can be made for injury from long-term defects in your property, including where a mental health issue is exacerbated due to the on-going disrepair in the home.

Common injuries include:

  • Injuries arising due to structural issues
  • Respiratory issues from damp and mould
  • Physical injury sustained from defective items i.e., tripping over unsecured floorboards
  • Asbestos related diseases, particularly in older homes

It is for the claimant to prove the link between the injury and the disrepair. A tenant will need evidence to show the court that the sustained injury happened because of the disrepair. Both the disrepair and the injury will need to be evidenced.

The most important evidence you can obtain for a personal injury claim will be medical evidence. Do not hesitate in seeking medical assistance, whether it be a GP or visiting A&E if appropriate. It is ideal to obtain written notes that show a strong link between the disrepair and your injury.

An example

The windows in a tenant’s home are defective. The tenant should raise his complaints about the windows to his landlord. It is ideal for these complaints to be in writing via text message or email.

During rainfall, the windows leak and cause puddles of water to form on the floor. The tenant here can evidence this by taking pictures of the leaking frames and puddles on the floor. During particularly heavy rainfall, the tenant slips on the pooled water. The tenant here attends his walk-in centre immediately to receive treatment.

The pictures, emails giving notice and the doctors notes from the walk-in medical centre will serve as evidence when the tenant makes his claim.

Finally, the personal injury protocol must be followed. Seek legal advice now.

How Can KLS Law Help you?

The housing disrepair team at KLS Law are here to assist with your queries and offer confidential, expert advice. Call today to see whether you could make a claim with a No Win No Fee Agreement.

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