Injury Through Rented House Disrepair

[kvalidir]

Odd question- my brother has been injured and a car damaged when he opened a garage door at a rented property and the whole double garage door fell completely away from it's housing. It hit him on the head and it's exacerbated an existing issue with his vision. On top of that the car in the garage was damaged. If the car hadn't been there he'd likely have bee killed. The tenant has no insurance of her own, but my suspicion is that the landlord is liable as the garage door was clearly not fitted correctly. There are lots of other issues with the house, non working shower, defunct water supply, broken window hinges that the landords have been aware of for 6 months and not mended.Since my brother cannot get recompense from the tenant because she is uninsured and has no money can he sue the agents/ landlords directly, or does he have to fruitlessly sue the tenant and then she sue the landlord ( as she has losses of her own anyway with the damaged car). Could she also reclaim any of her paid rent a the house is not as it was described in the advert, with serious issues the landlord is ignoring?
I've looked through our landlord insurances and can't see the answer, likewise googled but it's an unclear scenario. Certainly I'm sure as landlords they have to make sure the property is maintained and not dangerous as we do, but further than that and it's a bit ambiguous. Any help would be gratefully received.

[fadeout73]

Who is the tenant in relation to your brother? Was he allowed to open the garage door if its not his property or car, which from the above does not appear to be! Landlord should be responsible for buildings insurance (contents is the liability of the tenant). The other issues? Thats up to the tenant to take up with the landlord!

[kvalidir]

Brother's girlfriend's house, yes had full permission. I'm aware it's for her to take the issue up with the landlord regarding repairs ( we are landlord's ourselves), my main question is actually whether my brother can sue the landlord direct or does he need to sue his girlfriend who then sues the landlord in turn. I think the landlord is negligent in maintaining the property in a safe condition but wanted confirmation from someone who knows about the who sues who chain more than anything.

[kvalidir]

It's okay I've just succeeded in finding out- he sues the landlord direct. Thank you for your help.

[The Builder]

KV, how long ago did this happen? It's important that he has a medical report as soon as possible.

[kvalidir]

Hi Builder, yesterday. He went to the hospital ( he has an existing issue with his retina/ vitreous humour and is supposed to especially avoid blows to the head and his vision is currently badly affected). He's back there tomorrow so we'll know more about things then.
It's really not funny, her house although in a nice area is an utter slum and I'd be absolutely ashamed to rent it to anyone. She's been waiting over six months for them to fix her shower, mend the window catches, safety check the boiler ( kept causing her carbon monoxide monitor to start, so she's had it turned off and eventually paid herself to have the boiler serviced). He took lots of photos of the garage door fixings to the wall and they were helplessly inadequate for such a heavy door, so he's not too thrilled at the moment.

[Retrochic]

The landlord will probably want to claim on his insurance for the broken door but I'd be careful because he may try and place blame on your brother and sue him for repairs. Even though she is renting in the public sector she should enquire at the local council for a housing inspection, as landlords are required by law to maintain a certain level of care and if they are seen to be ignoring this it can be enforced by the council at the landlords cost. I would not advise her to with-hold any rent as she then becomes the one breaking the law. First call for her would be the local council housing office but I think your brother should leave well alone as he could be sued by the landlord for damages.

[Retrochic]

she is well within her rights to deduct the boiler servicing and safety check from her rent if she paid for it.

[kvalidir]

Hi Retro- thanks for that, uttlerly nightmare landlord. I'll certianly suggest she speaks to the council. With regard to the falling garage door, I don't think my brother is too worried about having to pay a few hundred quid for a garage door to be put back on ( if it came to that)- he can potentially go blind if he has a blow to the head and that would obviously affect his earning potential for quite some time to come as he's only in his twenties, and it's negatively affected his vision as it is. I'll let him know what you suggested and thanks:)

[SirOracle]

If as you say Kvalidir the garage door fell onto your brother,and this was caused by inadequate and or rusting hinges,then there is no shadow of doubt that the landlord is liable.

As Builder says your brother should obtain medical evidence and then consult his solicitor to have matters progressed.

[Retrochic]

kvalidar I hope your brother is ok x

[kvalidir]

Thank you all xxx

[EDDIE51]

I'm sure the landlord is liable but what would happen if the landlord has no insurance and no money? from what I read that is a definite possibility .

[dzug2]

The landlord's got the house - assuming it's not heavily mortgaged - as an asset

[Retrochic]

EDDIE if the landlord has a Mortgage he will have to have the property (not contents) Insured. On our Buy To Let Mortgages we have to prove Insurance every year or else the Mortgage Company does it for you and puts it on your Bill.

[Peter Pedant]

// I'm sure the landlord is liable but what would happen if the landlord has no insurance and no money?//

then he has to pay from his fixed assets - remember he is a landlord

Suppose he is 100% mrtgaged ?
None are apparently.
Manchester landlords are "notoriously" underleveraged in that they have 55% of the their book value mortgaged on average. This means no one has gone under in the recent housing price turmoil.

If I were as leveraged as Lehrman Bros were, when they went under in 2008 'starting it all' then I would have had mortgages in excess of £50m.
I dont by the way

[kvalidir]

Thank you all, it'a taken quite a unpleasant turn s he saw eye consultant this morning and his retina is detached and torn so he's in surgery at 5pm tonight. girlfriend rang the agent who 'don't know' who their insurance company is or what protocol they need to follow. Not happy at all :(

[themas]

He (if he is able) or someone on his behalf must see a solicitor as rapidly as possible. This looks likely to become a serious personal injury claim so a solicitor (some do it on no win no fee) who specialises in that field is essential. It is then up to the solicitor to take up with the landlord the insurance issue, liability etc. Ignore the agent - they are not the people who need to be sued.

[jennyjoan]

Kval - sorry to hear about your brother - do hope he gets better soon.

[Tilly2]

How awful for him, kval. I hope they manage to rectify his damaged eye.

[kvalidir]

Thank you everyone- he's had his surgery which at this early stage they seem to think went well, he's just in a lot of pain at the moment, and we'll see how he goes on but so far so good. Thanx everyone again xxx