If you have been injured in a rented property because your landlord failed to carry out repairs or maintain the premises, you can usually claim compensation. Key legislation includes the Defective Premises Act 1972, section 11 of the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018. You normally have three years to bring a claim.
Millions of people in the UK rent their homes, and many live with hazards their landlord is legally required to fix: broken stairs, faulty electrics, leaking gas appliances, dangerous wiring and damp that causes illness. When a landlord ignores complaints and a tenant is injured as a result, the landlord is liable. This guide explains the law, the common types of tenant injury and how to claim compensation. We are an independent information resource, not a law firm.
The law protecting tenants
| Legislation | Key protection |
|---|---|
| Landlord and Tenant Act 1985, s.11 | Landlord must keep in repair: structure and exterior, water/gas/electricity installations, heating and sanitation. Applies to tenancies of less than 7 years. |
| Defective Premises Act 1972, s.4 | Landlord owes a duty to all persons who might reasonably be affected (tenants, visitors, neighbours) to take reasonable care to prevent personal injury or damage caused by defects the landlord knew or ought to have known about. |
| Homes (Fitness for Human Habitation) Act 2018 | Property must be fit for habitation at the start and throughout the tenancy. Covers 29 hazards including damp, excess cold, electrical hazards and structural collapse. |
| Gas Safety (Installation and Use) Regulations 1998 | Annual gas safety check by a Gas Safe registered engineer. See our gas explosion claims guide. |
| Electrical Safety Standards (England) Regulations 2020 | Electrical installations must be inspected at least every 5 years; EICR must be provided to tenants. |
Common tenant injuries
- Falls on broken stairs, loose carpet or rotten floorboards — fractures, head injuries, sprains.
- Electric shock from faulty wiring — burns, nerve damage, cardiac arrest. See our electric shock claims guide.
- Carbon monoxide poisoning from unmaintained boilers — see our CO poisoning guide.
- Gas leak or explosion — burns, blast injuries. See our gas explosion guide.
- Respiratory illness from damp and mould — asthma, bronchitis, allergic reactions.
- Falling plaster, ceiling collapse, structural failure — head injuries, crush injuries.
- Scalding from faulty hot water or heating systems — burns.
- Injuries to visitors or children — the Defective Premises Act 1972 extends protection beyond the tenant.
The notice requirement
Under section 11 of the LTA 1985, the landlord’s duty to repair generally only arises once they have notice of the defect. This is why it is critical to report problems in writing (email is fine) and keep a dated copy. Once the landlord has notice and fails to act within a reasonable time, they are in breach.
However, under the Defective Premises Act 1972 (section 4), the landlord can be liable if they ought to have known about the defect — for example, if an inspection would have revealed it, or if the defect was in a common area they control.
Compensation
Compensation comprises general damages (Judicial College Guidelines, 17th edition, 2024) and special damages:
| Injury | JCG chapter | Severity range |
|---|---|---|
| Fractures (falls on stairs) | Various Chapter 7 | Several thousand to mid-tens of thousands |
| Burns (gas/electrical/hot water) | Chapter 8 | Case-specific; depends on extent and scarring |
| Electric shock injury | Chapter 7(G) | Case-specific; depends on severity |
| Respiratory illness (damp/mould) | Chapter 7(D) | A few thousand (mild, resolving) to substantial (chronic, permanent) |
| Psychiatric injury | Chapter 4(A) | Up to approximately 6,540 (less severe) to 56,180–122,850 (severe) |
Special damages commonly include treatment costs, lost earnings, alternative accommodation costs if the property is uninhabitable, and the cost of any remedial work the tenant had to fund. Housing disrepair damages for loss of amenity and inconvenience may also be awarded alongside the personal injury claim.
Retaliatory eviction protection
Tenants sometimes fear that claiming will lead to eviction. The Deregulation Act 2015 (section 33) provides protection against retaliatory eviction in England where the tenant has made a legitimate complaint about housing conditions and the landlord has failed to respond adequately. If your landlord serves a section 21 notice after you complain, a court may refuse to grant possession. Seek advice immediately if this happens.
Evidence for a tenant injury claim
- Written complaints to the landlord — emails, letters, texts reporting the defect, with dates.
- Local authority environmental health report — if the council inspected and found hazards.
- Photographs and video — of the defect, damp, mould, broken fittings, the scene of the injury.
- Medical records — linking your injury to the defect.
- Gas safety record / EICR — or evidence that one was never provided.
- Witness statements — other tenants, visitors, council officers.
- Repair receipts — anything you paid for yourself.
Time limits
Three years from the injury under the Limitation Act 1980. For gradual-onset conditions (e.g. respiratory illness from mould), the three years may run from the “date of knowledge” under section 14 — when you first knew your condition was linked to the property. Children’s time starts at 18. See our time limits guide.
Frequently asked questions
Can I claim against my landlord for an injury?
Yes. If your injury was caused by your landlord’s failure to maintain the property, you can claim compensation. Key legislation includes the Defective Premises Act 1972, the Landlord and Tenant Act 1985 (section 11) and the Homes (Fitness for Human Habitation) Act 2018.
What repairs is my landlord responsible for?
Under section 11 of the Landlord and Tenant Act 1985, landlords must keep in repair the structure and exterior, installations for water, gas and electricity, and installations for sanitation and heating. The Homes Act 2018 adds a requirement that the property must be fit for human habitation throughout the tenancy.
Do I need to have reported the problem first?
Generally yes. Under section 11 of the LTA 1985, the landlord’s duty to repair only arises once they have notice of the defect. However, under the Defective Premises Act 1972, the landlord can be liable if they ought to have known about the defect. Always report problems in writing and keep a copy.
What types of injuries can I claim for?
Any injury caused by the landlord’s negligence, including falls on broken stairs or loose carpets, injuries from faulty electrical wiring, carbon monoxide or gas leaks, respiratory illness from damp and mould, burns from defective heating systems, and injuries from falling plaster or structural defects.
Can I claim for damp and mould health problems?
Yes. If persistent damp and mould in your rented property has caused or worsened a respiratory condition such as asthma, you can claim against the landlord for failing to maintain the property and allowing it to become unfit for habitation.
Will claiming affect my tenancy?
Your landlord cannot lawfully evict you in retaliation for making a compensation claim. The Deregulation Act 2015 (section 33) provides protection against retaliatory eviction where the tenant has made a complaint about housing conditions. If your landlord attempts retaliatory action, seek advice immediately.
How much compensation can I get?
Compensation depends on injury severity. General damages are guided by the Judicial College Guidelines. Special damages cover treatment costs, lost earnings and the cost of alternative accommodation if the property is uninhabitable. Housing disrepair damages for inconvenience may also be awarded.
How long do I have to claim?
Three years from the date of the injury under the Limitation Act 1980 (England and Wales). For conditions caused by gradual exposure (e.g. damp-related respiratory disease), the three years may run from the date of knowledge. Children’s time starts at 18.
Get help from official, free sources
- Shelter — free housing advice and disrepair guidance
- Citizens Advice — free, impartial guidance on tenant rights
- Your local council environmental health team — inspect housing hazards
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
Related guides: slip, trip and fall claims, electric shock claims, gas explosion claims, carbon monoxide poisoning claims, claiming against a council.