Personal Injuries Sustained In Rented Properties

• Published date: 04 April 2022
• Subject Matter: Litigation, Mediation & Arbitration, Real Estate and Construction, Personal Injury, Landlord & Tenant - Leases
• Law Firm: Gorvins Solicitors
• Author: Mr Stuart Biddle

According to The Royal Society for the Prevention of Accidents, the home is the most common location for an accident to happen. If you rent a property from a Landlord, the Defective Premises Act 1972 imposes a duty on your Landlord to prevent personal injury or damage to property caused by a defect in your home. This obligation and duty of care not only apply to you and your family, but also anyone who may visit your property. This can include common areas which you, your family or visitors use to access the property, such as halls, stairs and lifts.

The duty is owed if a Landlord knows, or ought to have known, about the repair or need to repair, even if you have not told your Landlord. The Landlord's obligations also extend to ensuring that gas and electrical equipment has been safely installed and regularly maintained. The Landlord will also be responsible for repairs to the structure and exterior of the property, as well as heating and hot water systems, basins, sinks, baths and other sanitary ware, in addition to fire safety of the furniture and furnishings provided under the Tenancy.

In the writer's experience, tenants will often complain to their Landlord about a defect or problem with the property. Unfortunately, too often, Landlords are too slow to act or ignore tenants' complaints, which, in turn, leads to accidents which, had the Landlord acted sooner, could have been avoided.

If you are injured in your rented home and wish to pursue a claim for compensation for personal injury and losses arising as a result of your personal injury, you will have to demonstrate that your Landlord knew or ought to have known about the defect which was present. Here are some tips which may help if you, your family or a visitor are injured:

• Take photographs of the problem where possible;
• Keep a diary of...