Can I Sue my Landlord for Negligence?
PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.
As a tenant, you have the right to live in premises that are safe and well-maintained, and it is reasonable to expect that your landlord will take responsibility for ensuring the property they are renting meets all relevant regulations.
If you feel that your landlord is not meeting their legal duties of care, and that some aspect of your rented home is dangerous or in sub-standard condition, and your landlord is showing reluctance to act on housing disrepair claims, there are steps you can take, including exploring avenues of legal advice for tenants.
Keep detailed records
Firstly, it needs to be established that your landlord’s duty of care has been breached, and you will have to prove that you have made attempts to bring issues or worries to their attention.
Keep detailed records of the unsafe conditions, any communication with the landlord about the problems, along with any personal injury matters, and make sure you inform your landlord in writing about the issues and request repairs be carried out. This documentation will be crucial in demonstrating negligence if you end up claiming against your landlord.
A direct link between the landlord negligence and the harm you suffered needs to be established. It will be essential to show that the landlord’s actions or inactions were the cause of your injuries or damages.
Speak to your landlord
Negotiating with your landlord and asking for compensation for any losses you have incurred, is the best course of action, saving you time and money in the long run. Explain clearly and factually why you think you should get compensation, following up conversations with a letter or email – and keep copies.
If those steps have been followed, and the situation is not being resolved, you could consider a complaint to the Housing Ombudsman which is a free, independent service that can help resolve complaints. There are also other redress schemes in place.
Take legal action
If you feel you have exhausted all other possibilities, then it is then worth taking legal advice and finding a solicitor that specialises in landlord and tenant disputes is essential. They can assess the merits of your case, guide you through the legal process, and help you understand your rights.
To succeed in a landlord negligence claim, you must have suffered actual harm or damages. This can include property damage, illness, pain and suffering, or other losses directly related to the landlord’s negligence.
Remember, you can sue for landlord negligence during your tenancy or after it ends if you have reported issues to your landlord during the tenancy.
The team at DFA Law has extensive experience in landlord and tenant law and dispute resolution. Call 01604 609560 or fill out our online form to speak to one of the team.