How Do You Prove Landlord Negligence ?

 Unsafe living conditions can be a nightmare for tenants.  It can be inconveniencing to live in a dangerous environment that can affect you or your loved ones. It is even overwhelming when your landlord doesn't care about your suffering. With enough evidence, you do not have to suffer in silence. To prove that a landlord was negligent for your injury or harm, you need legal advice from an experienced solicitor.


Landlords and tenants have obligations to uphold. The landlord is responsible for tenants safety and living conditions. A tenant can charge their landlord for negligence if his behavior causes an accident, injury or loss. If a landlord is found to violate his duties, a tenant may have a legal negligence claim against him. You may also be entitled to claim compensation for damages, injury or loss of belongings. If your landlord has failed to fix problems in your apartment and it resulted in health risk for you or your loved ones, he may be seen as a negligent landlord. 


Negligence is when your landlord is responsible for causing you harm or damage that should have been avoided due to their carefree behaviour. For Instance, if you reported a damp issue to your landlord but he ignored your complaint and delays for months and it resulted to mould that led to health hazards, he may be liable for a lawsuit. Disrepair claims often result from unrepairs by homeowners who refuse to take responsibility for the maintenance of their property. Housing disrepair claims also result from negligence especially if a tenant has reported the issue severely without any response from the landlord. Our team of housing disrepair solicitors operate on a no win no fee basis and are ready to assist you recover the compensation you deserve.



How Do You Prove Landlord Negligence?


According to the 1985 landlord and tenant act, one obligation a landlord owes to anyone renting his property is to ensure it is completely a safe place to live. He is responsible for maintaining the apartment as the owner of the building. It is his legal responsibility to make your home and environment free from health risk and danger. Landlords are expected to do routine checks and inspections, as well as attend to complaints from tenants. They are also liable for carrying out repairs promptly. A breach to his legal duties can land him in a lawsuit.


Normally landlords are only responsible for tenants' harm when their actions or inactions were careless and this nonchalant attitude caused an injury. If a landlord leaves a property in disrepair, he may be violating his obligations as stated by the law and this must be proven. To prove landlord negligence, you must be able to show that:


  1. A Property Is In Disrepair State: Trips and falls from unsafe lifts or stairs, Damage from collapsed ceilings or building structures, Pest Infestations, Evidence of hazardous substances (damp, mould, asbestos etc), Unsafe locks on doors and inadequate building security, Proof of fire hazards and faulty connections.


  1. An Accident Or Injury Occurred: There must be a direct link between your injury and the dangerous living conditions. Photographs, medical records, witnesses, receipts must be presented as evidence in your case.


  1. A Landlord's Negligence Caused The Injury Or Accident: If you were exposed to harm or illness as a result of a landlord's negligence, you may be able to claim compensation for damages. If you believe your landlord is ignoring Communication with you and his negligence has contributed to your recent injury or accident, contact a solicitor as you may have grounds to file a claim against him.


The bottom line is that for a landlord to be negligent he:


  • Must have been informed or notified 

  • Must have been in control of the injury causing factor.

  • Must have been aware of the likelihood of an injury or accident such as falling from broken stairs.

  • Must have failed to take prompt action to address the disrepair.



Our Solicitors Can Assist


If your rented accommodation is not fit to live in this can lead to danger, if your landlord is aware then you may have a negligent landlord. In the court of law, when a landlord's action is the major cause of a tenant's injury, the owner of the property can be held liable.


To learn more on how to prove your case and how to claim compensation from your landlord call our housing disrepair helpline and one of our housing disrepair claims solicitors will get you the help you need. Whether you want to sue your landlord for mold uk our no win no fee property damage solicitors can assist you recover all your entitlements if you have a claim. For landlord or housing association disrepair call our claim line today.

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