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Injury suffered by landlord negligence with pain, distress & financial loss

Started by Courtney, December 16, 2018, 12:52:49 PM

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Courtney

Dear Landlord,
I have not written for a couple of years, after leaving a previous rental property.
As a Housing Benefit recipient, NO ONE would even arrange a flat viewing!

I was at the point of homelessness, when I finally found one landlord who would rent a flat, with no references (though mine were good).
I moved in, and was unable to get renter insurance because for some reason the landlord refused to provide basic info like age of building, original purpose, material of roof, etc. First time ever that I could not find even one insurance company to provide contents cover, possibly postcode related.

Well, I reported that the carpet in the bedroom between the bed and wall was actually "covering a hole" when I moved in. The landlord did nothing about this, but I was grateful to have a place to live, though £100 more a month than my previous rental.

Well, after a year of job hunting to get myself off of the Housing Benefit label and situation, I was hired! I was so happy and did everything I could t be a great employee. At the end of my first, part-timemonth, I received an excellent initial job review.  A couple of days later, I arranged an appt with a hearing specialist at my personal expense to determine whether my hearing was impaired, or whether my difficulty was understanding local accents.

Well, in my  haste to make the most of my day off (six days at 2.5 hrs a day), i tripped on the hole in floor, landing on my arm and side, just missing hitting my head on the bedside table! I was unable to get up easily, and had to cancel my 10.30am hearing appointment.  I texted my landlord about the injury and my worry about losing my job. He replied that he "didn't realise the hole was that bad", though one of his workmen told met hat he would also chase the landlord to repair the hole months earier.

I could use my hand, but my arm and back were painful. I missed the next two days of work because I could not put on my bra!. After a few days, I went to the A & E, to learn that my elbow was fractured, and they gave me a 4-week sick note (unpaid by employer because still in probationary stage).. A few days after I took in the sick note, it seems that my body had a delayed reaction to the fall, and I suffered unbelievable pain in my back from the middle of my  back to my sacrum,, with spasms lasting a few seconds at a time, a few minutes apart. Returned to A & E to discover that my delayed response was due to my fibromyalgia.

I asked my landlord to compensate me for the pay I was losing, (full-time for one month due to pre-Christmas staffing needs). He offered me a free month's rent, but would not give me that money and I could not stop a standing order.. He finally gave me £600, though the net pay would have been £300 x 4 weeks).
He has no landlord insurance and operates as a sole trader, and his company insurance does not cover renter liability, as his insurance is for a completely different type of work.

I am to go back to work tomorrow, and am still suffering back pain which will affect adversely my ability to stand for up to six hours at a time and help carry baskets and customer purchases. What recourse do I have to recover my losses, and possibly lose my job?
thank you for your time.

heavykarma

I think your only course of action would be to go to the small claims court.You may find some solicitor who would take on your case,but I don't think you should expect much.To be honest,I think that you should see how you get on back at work.You have a roof over your head,and a job.You have clearly made an effort to improve your prospects,don't let this detract you,it could be better to just put it behind you.I know it sounds unfair,but it is what it is.If you have been given physio exercises,keep at it,healing takes time.

Simon Pambin

I take it the £600 wasn't offered in full and final settlement?

On the one hand, it sounds like the sort of straightforward case any personal injury lawyer would be happy to pursue on a no-win  no-fee basis. You fell as a result of a defect in the property. Your landlord was aware of that defect and did nothing about it. You suffered serious and painful injuries in the fall and, as a direct result, lost paid employment. If you can demonstrate all of that on the balance of probabilities, then it's an open and shut case.

However, if you sue your landlord, I very much doubt  he'll extend your tenancy beyond the current fixed term, so you'll be looking for a roof over your head again. Also, given his lack of insurance, and without knowing his financial situation in detail, you may find it difficult to get him to pay up.

heavykarma

If you do see a solicitor,they will probably want to see your medical records.Having fibromyalgia could be a complication.It could be argued that it makes you more liable to falls.Likewise,if you are on  medication,some can make bones more fragile.The amount of money you receive,if any,could be less valuable to you in the long run than continuing your admirable efforts to create a new life for yourself. Of course,you are within your rights to go down the legal route. Wishing you good luck in the New Year.