What legislation is there that protects tenants when an accident occurs as a result of negligence by the landlord?
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410manzanilla postedHousing Health & Safety legis;ation eg http://www.opsi.gov.uk/si/si2005/20053208.htm
If you could be more specific regading the accident, we could give a more detailed reply.
manzanilla
Posted on 30 December 2009 |
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272Swarbs posted
There's also general UK tort law, which covers negligence whenever there is a duty of care. You are protected if:
Someone owes you a duty of care, which a landlord generally always owes to a tenant
That duty of care is breached
The breach causes you a measurable loss, damage or harm
So if you can tick all three of those you can begin a civil claim against the landlord for negligence. You can claim damages equal to the amount needed to put you back in the original position (if the negligence causes your possessions to be damaged or destroyed) and can claim extra for pain and suffering in the case of a physical or mental injury. Best thing to do it, as manzanilla says, post what happened, how you think it has breached the duty of care the landlord owes to you, and the loss or damage you suffered. We'll then be able to help you out and point you in the right direction.
Posted on 30 December 2009 | Love 2 loves
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7Trixielooloobell posted
Hi guys, thank you for your responses. Basically my Dad fell
down the stairs after one of the uprights in the bannister came away in
his hand, on close inspection the uprights were not fixed to the frame
with anything other than a small blob of dried out glue. According to
my boyfriend, who used to be a builder, the uprights should have been
fitted with spacers or at the very least secured with nails or screws,
so I feel that the stairs have been botched up by the owners, pretty
much like everything else in our home.
Thank you for taking the
time to respond it is appreciated. I just want to know what our rights
are as the landlords are extremely bad at getting any repairs done
unless you have a stick to beat them with, it took nearly three months
to get my oven repaired and don't even get me started on the unearthed
light switches - three electricians inspected the lights and reported
that they were unsafe before they finally realised that they would have
to do something!
I look forward to hearing from you.
Posted on 30 December 2009 | Love 0 loves
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85ckm4328 posted
I would say your dad definitely has a claim for his fall.
Make sure you take pictures of where he fell and that he goes to the doctor to look at his injuries. To be honest the landlords insurance will probably pay out for any claim.
I would get him to go to a solicitor for legal advice.
Once you put the claim in they will almost certainly fix the issue with the stairs.
Posted on 31 December 2009 | Love 1 love
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410manzanilla posted
I agree with ckm. get photgraphic evidence of the stairs and of bruising etc. Did you dad have to go to hospital? He should go to a solicitor.
HOWEVER you need to understand that as an assured shorthold tenant (which is what I assume you are) you have virtually no security of tenure. When is you tenancy up? If you take legal action against the landlord, you have to expect that the tenancy will not be renewed. Which may be fine by you, but you do need to take it into account.
manzanilla
Posted on 31 December 2009 | Love 1 love
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59time2go posted
Manzanilla and ckm are correct. How bad were your dad's injuries? Does he have any hone/contents insurance that has 'Legal expenses Insurance'? that would be the start point, before considering 'No win No Fee'
Speak to a good local law firm first. If you go to one of the bigger firms it is more likely than not that the claim will be dealt with by a paralegal or junior (not necessarily a bad thing) Unless the injuries were significant.
Posted on 04 January 2010 | Love 1 love
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7Trixielooloobell posted
Thank you to everyone who has taken the time to respond, there are some very useful answers here.
I would like to take the time to point out that I am not wanting to take legal action against my landlords it's just that in my previous experience things that have seemed very important to me (such as having a functioning oven quicker than waiting 3 months for them to approve repairs and getting my electrics made safe when they were raised as an issue at the time they were inspected) have been brushed aside by my landlords.
I want to get my banisters made safe as soon as possible and I can see them dragging their heels again so I was wanting to be in possession of the full facts to show how important it is that they maintain safety within my home and quote the appropriate legislation to back up my requests.
I don't believe in this litigious society that we now appear to be living in and fortunately my Dad seems to have escaped with a few cuts and some bruises, for that I am truly thankful but I just want to make sure it doesn't happen again and that my landlords realise that renting a home to someone isn't a license to print money at the expense of those unable to purchase their own home.
Thank you all again for your knowledge and sharing it with me.
Posted on 04 January 2010 | Love 1 love
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