Millions of people in the UK are reliant on landlords to provide them with accommodation. In exchange for rent and, as is often the case, a security deposit, tenants should expect to have a home that is safe and suitable for them to live in. Our guide on how to sue your landlord explains when it is possible to claim compensation for a landlord’s negligence.
There are multiple ways in which you might be affected by a landlord’s actions or their failure to act on an issue. We discuss different types of landlord negligence claims and give insight into how it might be possible to claim.
Regardless of the type of claim, evidence is a vital element. We outline some types of proof that it is worth collecting to support your case against a landlord.
Depending on what happened, you might have the right to a significant compensation payout. We discuss the compensation you can receive and what it can address.
Lastly, we explain the role a solicitor from our panel could play in helping you secure fair compensation. We offer a completely free consultation service, where you can ask questions about how to sue someone or an organisation. You can also have your potential claim assessed. To access our guidance, either:
- Phone us on 0800 408 7827.
- Go online to contact us and make a query.
- Use the live chat tab that appears over this page.
Browse Our Guide
- What Can I Sue My Landlord For?
- How To Sue Your Landlord
- What Can’t I Sue My Landlord For?
- How Can A No Win No Fee Solicitor Help Me Sue My Landlord?
- Learn More About Making A Personal Injury Claim
What Can I Sue My Landlord For?
You could be renting a home from anyone from a local council to a private landlord or a housing association. Tenant rights are outlined in the Landlord and Tenant Act 1985, and a relatively new law called the Homes (Fitness for Human Habitation) Act 2018.
A landlord should fulfil any responsibilities laid out in the tenancy agreement. They are also responsible for actions including:
- Maintaining the structure and exterior of the property.
- Ensuring safe instalment and upkeep of gas and electrical equipment.
- Fitting or testing smoke and carbon monoxide alarms.
When considering how to sue your landlord, you can first ask whether your landlord was aware of a hazard and took insufficient action, or none at all, to remedy it. If the issue led to you suffering harm needlessly, they could be considered legally responsible.
Housing Disrepair
Under the Homes (Fitness for Human Habitation) Act, landlords must ensure properties are fit for human habitation and fix issues that make a property unlivable in a reasonable time frame once they’re made aware. Potential dangers to tenants include:
- Excessive damp or mould.
- Excess cold or heat.
- No gas or electricity, leaving you unable to heat your home or cook food.
- Hazardous products that have been used in building, such as lead or asbestos.
- Structural damage.
You could take your landlord to court if you can show that a negligent failure to arrange necessary repairs made the house uninhabitable.
Suffering An Injury On Premises
If they are left unchecked, structural issues with a rental property could lead to an accident that causes physical injuries. For example:
- A piece of your ceiling falls down and strikes you, causing a head injury that affects your brain function.
- Despite you telling your landlord about a leak, the issue is not fixed and water pools on the floor. You slip and fall on the wet floor, suffering a broken hip as a result.
You could make a personal injury claim if a landlord’s neglect led to the accident and the resulting harm you suffered.
If you have good reason to claim against a landlord, a personal injury solicitor could give your case the best possible chance of success. Call today for an initial consultation and you can find out whether your claim is one that a solicitor from our panel can take on.
Withholding The Deposit
In almost every case, your lease agreement will include the requirement to pay a deposit. Your landlord should then use a tenancy deposit protection scheme to safeguard the deposit. Approved tenancy deposit schemes include a dispute resolution service, but if the landlord did not use such a scheme, you may need to take them to small claims court.
A solicitor from our panel could help you take a landlord to court if it isn’t possible for the dispute to be resolved before court action is needed.
Can I Sue My Landlord For A Data Breach?
You are likely to share personal information with a landlord during your tenancy. They are required under data protection law to keep that information safe. Two key laws to adhere to are:
- The UK General Data Protection Regulation (UK GDPR).
- The Data Protection Act 2018 (DPA).
Tenants could sue landlords for suffering caused directly by a failure to adhere to data protection law that directly causes a personal data breach.
For example, a landlord could send a letter containing your personal details to the wrong address, which would be a breach of GDPR, and you could have the right to claim if it leads to you suffering psychologically or financially.
Whether you have a possible personal injury claim, a dispute over a withheld deposit or a data breach case against a landlord, you can learn how to sue your landlord with professional support by calling the number at the top of this page.
How To Sue Your Landlord
There are multiple answers to the question of how to sue your landlord. You might choose to go it alone, or you might want the expert guidance of a professional solicitor with experience in such claims. Whatever the case may be, it is essential that you collect evidence that highlights landlord negligence, such as:
- Photos of the safety hazards or damage to the property.
- Proof of any written exchange with the landlord, like an email or letter.
- Your medical records. A copy of medical reports made by a healthcare professional could highlight the health problems or psychological injuries caused by the situation. You can request a copy from your healthcare provider.
- Receipts and invoices showing additional expenses resulting from the issue. For example, you might have to pay for emergency accommodation if the property is uninhabitable.
A solicitor can help you gather this and any other evidence, before guiding you in presenting all the evidence as part of your landlord negligence claim. Call the number above today to discuss all the ways in which a solicitor could help the claims process run smoothly for you.
What Can’t I Sue My Landlord For?
There are certain circumstances where seeking compensation wouldn’t be possible. For example:
- Your actions caused the issue or accident.
- The incident was entirely outside of the landlord’s control or happened because of normal wear and tear.
- Your landlord or local council tried to solve the issue but was prevented from doing so. For example, they might have been denied planning permission to make structural updates to the property.
- The landlord has reasonable grounds to refuse the return of your deposit.
The landlord might argue that one of these circumstances is the case when it isn’t. In such a situation, having a trained professional on your side could make a significant difference. Just call today if you’d like to learn about the help our panel’s solicitors can give in cases against private landlords, a local authority or a housing association.
How Can A No Win No Fee Solicitor Help Me Sue My Landlord?
As well as explaining how to sue your landlord, we could connect you with an expert solicitor to help you make your compensation claim. If you have a valid claim, a solicitor may offer their services under a Conditional Fee Agreement.
This arrangement entitles you to professional guidance throughout the legal process with:
- No upfront solicitor fee or running legal costs.
- No payment for the solicitor’s work if the claim fails.
- A success fee in a successful case will only be a small percentage of the compensation awarded. The Conditional Fee Agreements Order 2013 sets out a legal limit to what a solicitor can collect.
You may still have questions, such as what happens during legal proceedings, what other avenues are possible outside of a court hearing, or how much compensation you could get. Get the answer to any question about landlord negligence claims by speaking to us for free through any of these routes:
- Call 0800 408 7827 for free phone support.
- Contact us and request a call.
- Chat to an advisor through the live support feature.
Learn More About Making A Personal Injury Claim
We have many further guides to share useful information about claiming, such as these ones below:
- Find out how compensation payouts are calculated for a claim.
- How to sue for an injury suffered in a public place or on the street.
- How to take legal action against a company for negligence leading to an accident.
These resources could also benefit you as a tenant.
- Citizens Advice provides guidance on getting repairs done for private tenants.
- A government guide to private renting and your rights as a tenant.
- NHS information on damp and mould indoors, and the health problems it could cause.
Thank you for reading our guide. Just call or get in touch online if you’d like to know more about how to sue your landlord.