If a housing association injury has set you back, we'll help you move forward
If your life, or the life of a loved one, has been affected by a housing association accident, we can help. Whether your injuries were caused by a slip, trip, fall or other incident, you may be entitled to claim compensation.
You can make a compensation claim for an accident in a public place with the help and support of a personal injury solicitor.
In this article
You are not alone
When renting properties to tenants, public bodies such as housing associations must abide by certain regulations. These rules exist to help ensure that properties are maintained in a sanitary condition and that residents are not put in danger due to poor maintenance.
Failure to perform regular checks and implement a program of repairs could result in tenants sustaining injuries or illnesses ranging from cuts and lacerations to burn and scald injuries, to serious respiratory problems, such as asthma.
If you have been hurt or made ill while living in a rented home, you may be eligible to make an occupier's liability claim or a claim against your landlord.
For a claim to be successful, your solicitor will need to show that the party responsible for the property was aware of the problem that caused your injury, but failed to take the necessary steps to resolve the issue within a reasonable time frame.
What are the responsibilities of the housing association?
Housing associations must ensure that the properties they lease are kept in a liveable and sanitary state, including:
- Keeping the boiler, plumbing systems and electrical heating equipment in good repair
- Keeping the roof, walls and plasterwork in good repair and watertight
- Fixing any leaking pipes, guttering and other signs of water ingress
- Tackling problems with damp and mold.
Depending on the terms of the lease or rental agreement, the housing association may also be responsible for maintaining other facilities such as the garden or the kitchen appliances.
What are the risks arising from poorly-maintained properties?
Living in a property that does not meet basic sanitation and safety standards can pose a risk to human health. Some of the common problems experienced by tenants and their families include:
- Leaks and damp conditions that, if not tackled in timely manner, could cause mould-related illnesses such as asthma, especially in young or vulnerable residents
- Poorly maintained premises that can cause slip, trip and fall accidents or other injuries from collapsing ceilings, broken handrails and defective balconies
- Faulty wiring that poses a greater-than-average fire risk
- Poorly maintained and lit common areas such as stairwells, which can cause slip, trip and fall accidents
- Problems with windows and doors, which can cause condensation to build up leading to damp or mould growth, and may prevent escape in the event of fire
- Poor quality or incorrectly fitted boilers that can emit toxic fumes such as carbon monoxide, which can be fatal in some circumstances.
Making an injury claim against a housing association
Housing associations do not live in the properties they own and are not in a position to know about every defect in the properties they manage.
To make a successful claim, your solicitor will seek to establish that the housing association:
- was notified of the hazard before the injury occurred, and;
- had a reasonable amount of time to remedy the problem before the injury occurred.
Housing associations have a legal duty to respond to complaints as soon as reasonably possible.
For non-urgent problems, a response time of within 20 working days is considered reasonable. However, what is considered a 'reasonable' amount of time will depend on the nature of the complaint.
If the complaint relates to a serious or dangerous defect, an immediate response from the association would be reasonable.
If the housing association fails to act within a reasonable time frame and you sustain an injury as a result, it may be possible to pursue a compensation claim.
Am I eligible for housing association accident compensation?
You should be entitled to housing association accident compensation if your injury resulted from the negligence or actions of another person or organisation, or from an accident that was not your fault.
Use our injury claim calculator to find out if you can claim. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.
What if the accident was partly my fault?
Attributing blame for an accident isn't always clear-cut.
In our 2023 Public Liability Injury Claimant Survey, we found that 17.45% of respondents felt they had at least some responsibility for the injuries they sustained.
You may still be able to claim compensation even if your actions may have contributed to the accident. Claims where there is fault on both sides (contributory negligence) are often resolved with a split liability agreement.
How long do I have to start a housing association accident claim?
In most cases, you have up to 3 years from the date of your accident or injury to start a claim.
You may still be able to claim compensation if you were injured by another's negligence and you only discovered it later. Generally, the clock starts ticking from the date you were diagnosed or became aware of your injury.
For an injured child, the three-year limitation period begins on their 18th birthday, giving them until they are 21 to start a claim.
How much compensation can I claim for an injury?
The compensation you could receive for a injury or illness caused by a housing association's actions or negligence is based on two key factors: the severity of your injury and any financial losses or expenses you've faced as a result.
Your solicitor will carefully evaluate how your injuries have impacted your daily life. These considerations will be factored in when determining the appropriate compensation amount.
Get an accurate compensation estimate (including for multiple injuries), confirm your legal position, and check if you have a No Win, No Fee claim.
Updated December 2023
Compensation Calculator v3.04
The Judicial College issues guidelines for personal injury awards, which include compensation for pain, suffering, and loss of amenity (PSLA) under the category of general damages. These guidelines set the amounts for general damages in personal injury cases.
Special damages are awarded to compensate you for any costs or losses you've incurred or might incur as a result of your accident. These costs might include loss of income, including future loss of income, or any other out of pocket expenses.
Special damages may also be awarded for medical treatments or procedures that you might need to treat your housing association injury, including diagnostic tests, physiotherapy and pain management treatments.
Public liability claims
Housing association accident claims are usually referred to as public place, or occupiers' liability, claims. Click on the icons below to learn more:
How we can help you with your injury claim
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
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Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.