Cost of accommodation
Cost of accommodation

The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:

  • Cost of accommodation
  • Which accommodation costs can be claimed?
  • Impact of adaptations on property value
  • Increased running costs
  • The Swift v Carpenter calculation

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5 August 2019. The Civil Liability Act 2018 provides that the discount rate must be reviewed within a five-year period following the last review.

Which accommodation costs can be claimed?

An accident may affect a disabled claimant’s accommodation needs in several ways:

  1. adaptation of existing or future accommodation may be required

  2. there may be additional running costs

  3. in serious cases, the claimant’s injuries may justify rehousing in more suitable accommodation

Adaptations range from the simple (eg the installation of handrails or wheelchair ramps) to the structural (eg provision of a downstairs toilet or widening of doors). It is essential that the adaptations meet a need identified in the medical evidence. Evidence will also normally be required from an occupational therapist or from an architect or surveyor, who should visit the claimant in their own home.

For further information, see Practice Note: Accommodation, aids and equipment.

If the adaptations result in an increase in the value of the property, the cost of the alterations is treated as part of the capital cost of the property. If alterations result in a reduction in the value of the property, this would simply be added to the damages.

Increased running costs often result from the fact that claimants

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