Guide to Claiming Landlord Compensation
You may be entitled to claim compensation from your landlord if the unthinkable occurs and you sustain injuries on your rented premises as a result of an accident that wasn’t your fault. Generally, landlords have a legal duty to take reasonable steps to ensure your safety when living on their premises.
Generally, a landlord’s public liability insurer pays out successful compensation claims. However, the property law claim process is complicated, and body corporates and rental providers often support the landlord’s interests, not yours.
Our guide to claiming landlord compensation helps you:
- know your rights
- how landlord injury claims work
- getting the most from your case
- How our landlord negligence lawyers can help you win your lump-sum payout
What is my claim worth?
What is My Landlord’s Legal Duty of Care?
Your landlord is responsible for scheduling property inspections and ensuring that repairs (including urgent ones) are carried out promptly and to a satisfactory standard.
Their duty of care does not mean they must make your rental home as safe as possible or replace an existing appliance with a new one simply because a safer model is available. Furthermore, landlords cannot protect you from a hazard when they don’t know it exists, so you should report it to your real estate agent or rental provider.
However, as a Queensland tenant, you do have the right to:
√ A secure and safe home
√ Home maintenance to a reasonable standard
√ To have your rental home inspected for health risks
√ The right to have identified defects amended or removed
Consequently, when your landlord neglects their legal duty and you suffer a loss, you could have a valid personal injury claim.
It’s free to know your legal rights >
Rental Agreement Rights and Responsibilities
All parties in a rental agreement have responsibilities and rights. So when a landlord fails to maintain a property to a satisfactory standard by arranging repairs, your first step is to seek a solution with them. Contact the Queensland Residential Tenancies Authority if that process fails. You can lodge a tenancy dispute online here >
Please be aware that the RTA does not handle claims for injuries sustained on private property. Instead, the Personal Injuries Proceedings Act 2002 (QLD) safeguards your ability to seek compensation for a personal injury in Queensland.
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Some Examples of When a Tenant Can Claim Landlord Compensation
There are several situations in which a tenant may be able to claim landlord compensation, including:
• Unsafe or hazardous property conditions caused by the landlord’s negligence, such as mould or rodent infestations, make you sick or cause an injury.
• Unlawful eviction or threat of eviction
• Poor-quality repairs and maintenance carried out by the landlord
• Repairs that were made without the tenant’s permission or knowledge.
More about rental property injury claims >
Can I Claim Compensation from My Landlord?
If your landlord neglected to schedule regular inspections that would have found the danger that led to your injury, you could have a legitimate landlord compensation claim when:
• Your landlord neglected to follow safe building regulations.
• Failed to have qualified tradespeople make repairs in a reasonable timeframe.
• The property owner was aware of the risk and didn’t act in a timely manner.
In these situations, you could file a successful personal injury claim and have your rental provider compensate you.
NOTE: As per your tenancy agreement, you could have a legal requirement to provide your rental provider with written notice of the property damage (or repair issue) in a reasonable timeframe. Failing to do so could either void your claim or make you partially liable for your loss. (which would reduce your payout value.)
It’s Free to Know if You Can Make a Claim
At Splatt Lawyers, we seek to make the process of seeking justice as simple as possible. It’s easy to know if you have a valid case simply by using our free online claim check tool >
Additionally, you can also choose to have your complimentary case review by calling – 1800 700 125
Free Online Claim Check
How Much Compensation From Your Landlord?
Generally, the amount of landlord compensation you receive for a rental property injury depends on several factors, such as:
- The severity of your injuries
- Your current income
- How much time did you have off work?
- Your age at the time of the accident
- The cost of your medical treatments
Firstly, the value of your injury payout will also depend on whether you were partially or wholly at fault for your injury. Secondly, if you were partly to blame for your accident, you will have contributory negligence, which reduces how much compensation you receive. However, your compensation lawyer would seek to negotiate your contribution level, helping to protect your entitlements.
Who Pays My Landlord Compensation?
People with a valid rental injury compensation claim often ask who pays my landlord compensation. In most cases, your landlord will have public liability insurance coverage included with their rental home insurance policy. Generally, the insurer funds your lump-sum payout when you have a successful claim.
When successful, your compensation will include amounts for:
√ pain and suffering (both physical and emotional),
√ medical expenses
√ lost wages
√ lost of enjoyment in life
√ and any other financial losses associated with your injuries.
Please be aware that insurance companies normally seek to protect their profits and will try to minimise or deny your compensation. So, it would help if you had an experienced public liability lawyer work on your case. Splatt Lawyer’s legal team has protected the rights of injured Queensland tenants for nearly three decades. We regularly deal with real estate agents and all the leading landlord insurers. Rely on our expertise to get your desired outcome.
What Should I Do If I Have a Rental Property Injury?
If you were injured in a rental property accident and were wholly or partly to blame, you could claim compensation from your landlord by making a public liability claim. In that case, your first step is to seek medical treatment and have your doctor document your physical injury and emotional damage.
Additional evidence that would help support your case includes:
- Photos and video of the accident scene
- Photos of your physical injuries
- Recording the place, time, date and circumstances of your accident. And, if you were harmed outdoors, also note the weather conditions.
- Retaining copies of your medical treatment and rehabilitation records, such as appointment dates and times, xrays, scans, prescriptions etc.
- Record your expenses with receipts – including travel expenses, home support costs, lost wages and superannuation.
- Sharing your documents with your personal injury lawyer, including correspondence from the other parties.
What is No Win No Fee ?
Seek Legal Advice from our Tenant Rights Lawyers
At Splatt Lawyers, our expert personal injury lawyers are committed to helping Queensland renters with unexpected injuries on rental property. Furthermore, our experienced tenant rights lawyers work hard to ensure you receive the compensation you deserve while supporting you with all aspects of your claim. Rely on the insurance claim solicitors at Splatt Lawyers to remove the stress and hassle of dealing with the public liability insurer, your rental agent and your landlord.
Relax knowing all our legal services are provided on a 100% no win no fee basis, which means you pay when you win and nothing if you lose. Find out if you are entitled to compensation. Call us now at 1800 700 125 for your obligation-free case review.
Landlord Injury Claim Lawyers Near You
When you want to sue your landlord, knowing there is an expert Splatt landlord injury claim lawyer near you is reassuring. Choose your location now:
| Brisbane | Gold Coast | Sunshine Coast | Logan | Townsville |
| Bundaberg | Caboolture | Toowoomba | Cairns | Ipswich |