MAKING A PERSONAL INJURY CLAIM AGAINST YOUR LANDLORD IN SCOTLAND
As a tenant, you can claim against your landlord if the landlord is responsible for harm or financial loss. As per the Fire Scotland report, the department attended 24,472 fires between 2019 and 2020. The report says that there are 27 casualties along with 1,024 non-fatal casualties.
According to Housing Act 1987, all homes must have provisions for detecting fires Personal Injury Lawyer Scotland. If a property has a smoke alarm, the fire can be detected within 5 minutes. This allows us to reduce the casualty numbers. Scottish ministers suggest that each household must have one smoke alarm.
When you live in a house as a tenant, your landlord is responsible for house maintenance. Issues like heating, electricity, gas, and plumbing often fall into the landlord’s duty. All appliances in your home must be in working condition. According to Housing Act, 2014, portable appliances in the house must be tested every five years. Also, Landlords must get certification for a valid Gas Safe Register Engineer approved Safety certificate.
The Housing Act 2006 sets the criteria for the Standards of Repairing. This act enforces:
- The property must be water and wind-resistant as well as structurally sound.
- Toilets, radiators, cables, boilers, tanks, and pipes must be in good working condition.
- The house must have an alarm for smoke and carbon monoxide.
- Annually, a gas safety check should be carried out by an engineer. A Gas Safety certificate will be provided to the landlord if all the safety standards are met. According to the law, the tenant and landlord must have a copy of this certificate.
The Housing Act also directs that the common parts of the building also fall under the landlord’s responsibility. This may include lifts, entryways, and stairs. If you as a tenant notice fire in the household and report the landlord about it. Still, necessary precautions are not taken, then you should contact the Environmental Health Department or the local council. You can also call the Scottish Fire Rescue Service, as they offer free home risk assessments and fire safety visits.
LIABILITY OF LANDLORD FOR A FIRE
- Defective fire extinguishers and smoke alarms.
- Building code violations
- Faulty wiring
If the tenant suffers injury or property loss due to failure to make repairs within the property, the landlord may be liable to pay compensation to the tenant. It is also crucial to alert the landlord if you notice a rise in any fault in your property. Also, it is good that the tenant keeps a written record of the faulty equipment.
If the tenant reported an issue to the landlord and the landlord failed to fix the issue, then the liability falls to the landlord. In this case, if the tenant suffers an injury, the landlord will have to pay the compensation to the tenant.
On 2nd October 2018, the Scottish Government announced that all the landlords must apply to join a register. So, if you are renting a house, ask your landlord for the registration number to make sure that they are registered before the agreement is signed. The law says that if the landlord is not registered, a fine of £50,000 could be imposed if the landlord is found guilty.
COMMON CAUSES OF FIRE IN THE HOME
- Cooking Equipment
- Electrical Equipment
- Faulty Wiring
- Faulty/old appliances
- Portable heaters
- Candles and smoking
MAKE A CLAIM WITH HD CLAIMS
If you have been a victim of your landlord’s negligence and you got injured because of that, then it is the right time to call HD Claims now. Know that a person can make injury claims within three years. If the deadline is gone, it may not be possible to make a claim. So, call HD Claims and make sure you have the evidence to make your claim stronger.
If the claim is successful, HD Claims will handle the landlord and the insurance provider on your behalf. If enough evidence is provided and the claim gets stronger, HD Claims can also help you to get the treatment for injuries such as physiotherapy and CBT.