Can A Landlord Be Held Liable for A Tenant's Injuries?

UK law clearly stipulates that landlords owe a duty of care to the safety of their tenants, which means that landlords must take all reasonable steps to make sure that the property is liveable and safe.

Despite all the regulations in place, a staggering 2.7 million people in the UK alone are treated annually for injuries sustained at home, as per the Royal Society for the Prevention of Accidents. It is argued that more should be done to raise awareness surrounding health and safety in the home, and some of these responsibilities will fall to the landlord. If the landlord does not take the matter seriously and is found negligent, they can be liable to pay compensation claims up to hundreds of thousands of Pounds – a crippling to sum to many, for something that could have been easily avoided.

Before we consider what a tenant can claim against, we will look at the landlord's responsibilities, and proactive actions they can take to prevent a claim.

What Does the Law Say?

Under the Defective Premises Act, the landlord must do everything reasonable to ensure that the property is defect-free. It may sound contradictory, but the landlord will not be automatically liable for any injuries sustained by the tenants, even if the injury was as a result of a property defect. The landlord will only be responsible if they have been aware of the issue, and ignored taking action. It is up to the landlord to carry out regular inspections to keep the property habitable and to maintain wear and tear where it requires attention. If the defect occurs between inspections, the landlord will also not be held accountable if they were not informed about the hazard before the injury happened.

All that said, landlords are also held accountable under the Homes Act 2018, which is slightly different from the Defective Premises Act, though there are requirements that overlap. Aside from keeping the property free of defects, the landlord must also make sure that the overall state of the property is fit to live in. This means that tenants need to be protected from damp, mould, extreme temperatures, carbon monoxide exposure, and so on. Since March 2019, tenants can not only claim against a landlord for physical injury but for compensation of financial loss, say excessive heating bills.

Once the landlord is made aware of the hazard (and only once they are aware of it) must they act within a reasonable timeframe. A reasonable timeframe is a relative statement, and you should use your discretion. If there is an obvious risk for serious injury, you need to respond sooner rather than later.

Injuries That Can Be Claimed Against

The circumstances where a landlord can be held accountable varies, but we will look at some of the most common injuries. It is important to note that if the tenant injures themselves on their own possessions, or by the actions of guests or other tenants, they will have no claim against the landlord.

• Taking a tumble – Poor lighting, uneven paving or loose floorboards, worn carpets, and rickety bannisters all pose a potential threat.
• Carbon Monoxide emissions – CO poisoning occurs after systematic exposure to malfunctioning gas appliances and can be deadly. Symptoms include headaches, dizziness, shortness of breath and nausea, and prolonged exposure can cause heart or brain damage. Compensation claims against carbon monoxide poison will cost the landlord dearly. That alone should inspire the landlord to perform the compulsory annual gas and safety checks.
• Trouble breathing – Mould thrives in damp conditions like in bathrooms and kitchens, especially if these areas are poorly ventilated. The spores released by the mould can contribute to lung conditions such as asthma. The landlord may also be liable if a tenant's pre-existing health condition gets worse as a result of the landlord's failure to maintain the property.
• Burn wounds – Hot water systems can fail, and when they do, it poses a serious risk of scalding or burning. Heating systems should be regularly inspected, even if there are no outward signs of trouble, but warnings to look out for include a bubbling noise coming from the boiler, hot water streaming out of cold water taps, and moisture or steam surrounding the boiler space.

The Responsibilities of the Tenants

The tenants are not exempt from sharing in the responsibility for due care. They should in turn report any defects promptly, and grant the landlord access to carry out the necessary work to restore the building to a safe and comfortable space.

Injury Claim

A landlord could have to cough up compensation in excess of £10,000 for injuries if it is proven that the injury was a result of the landlord's negligence. The solicitor must provide proof that the landlord knew about the defect and chose to ignore it. Compensation, as mentioned, is not necessarily limited to personal injury, and the tenant can also include an amount for "special damages" to compensate for any loss of income or other financial losses due to the incident.

Injury Insurance

As illustrated, the cost of a successful claim can be ruinous to the landlord. Insurance offers protection against a claim and will cover the cost of compensation. The landlord must be aware that the insurance does not substitute their duties for repairs and maintenance. It is not a get out of jail free card. If the landlord does not meet their obligations, the policy may be nullified. The insurance only acts as a safety net when the worst happens, and like with most insurance policies, the premiums will rise if a claim is made.

A Proactive Approach

It is not always possible, but good landlord-tenant relations are encouraged. It opens up a clear line of communication between both parties to discuss issues as they arise, and it encourages tenants to be flexible when granting the landlord access to the property. If an incident then occurs, a healthy relationship will make the entire claims process less stressful for everyone.