Housing associations have a duty to maintain properties in a good state of repair. If they fail in this duty and a resident suffers injury as a result, the resident may have grounds to make a personal injury claim against the housing association. This article will examine the process and requirements for suing a housing association due to injury from disrepair.

The Legal Duty of Housing Associations

Under the Landlord and Tenant Act 1985, housing associations have an obligation to keep the structure and exterior of properties in a good state of repair. This includes walls, roofs, external pipes, guttering, windows, and doors. The association must also ensure that installations for supplying water, electricity and gas are kept in proper working order.

If a housing association breaches these repairing obligations, and this failure leads to injury for a tenant or visitor, the injured party can potentially make a claim for compensation. This is likely to be a claim of negligence, arguing that the housing association owed a duty of care and breached that duty through the disrepair.

Evidence Needed

To succeed in a personal injury claim against a housing association, the following evidence will normally be required:

  • Proof that the injury occurred as a result of the disrepair, such as a dangerous staircase or leaking roof. Medical evidence will usually be needed.
  • Evidence that the housing association was notified of the need for repairs, such as maintenance requests or reports of a hazard.
  • If no repair notifications were made, evidence that the defect was visible or should have been identified by inspections.
  • Details of how the injury impacted the claimant's life and health, to justify the level of damages claimed.

Making a Claim

Claims for personal injury compensation are complex and strictly time-limited. Proceedings at court generally need to be issued within 3 years of the accident or injury occurring.

To ensure claims have the best chances of success, an experienced personal injury solicitor should be appointed. No win no fee agreements are often available, ensuring the claimant does not need to fund a costly legal battle.

A specialist firm like Vintage Claims Management Group can investigate the claim and gather evidence such as housing maintenance records, medical reports, and witness statements. They will determine if the housing association breached its duty of care through the disrepair and whether causation is proven between the defects and injury.

Settlement Outcomes

Many housing disrepair claims settle out of court once liability is established. The housing association's insurers will likely make an offer of compensation to avoid risky and costly court proceedings. Settlement sums can vary hugely depending on the severity of the injury. Some examples of potential damages:

  • Minor injuries such as cuts and bruises: £1,000 - £5,000
  • More serious fractures or burns: £10,000 - £50,000
  • Major injuries leading to long-term disability: over £100,000

If the housing association disputes liability, the case may need to go to a court hearing. A judge will then examine the evidence and decide if the claimant has proven their case. Getting legal representation from a specialist firm gives claimants the best chance of a fair settlement or court award.

Conclusion

Injury claims over housing disrepair are complex but entirely viable if housing associations breach repair duties. With expert legal help and strong evidence, claimants who have suffered due to defects like dampness, mould or dangerous stairs have a right to seek compensation for their losses. Housing associations must be held accountable when poor property maintenance leads to harm.