Heating laws for landlords
06-11-2024 | Legal Advice for LandlordsIf you’re a landlord, or soon to become one, it’s essential to know your legal responsibilities when it comes to providing heating in your rental property.
In this guide, we’ll cover landlord heat laws and hot water obligations, landlord thermostat laws, important regulations, and tips to keep everything running smoothly.
Landlord heat laws & heating obligations
One of a landlord’s key responsibilities is ensuring there is some form of heating in every occupied room. Whether it’s through a central heating system, fixed electric or gas heaters, or more eco-friendly options like a heat pump, the property must be adequately heated.
According to landlord heat laws, you are responsible for maintaining any heating systems throughout the tenancy. This includes making sure they work properly and scheduling annual checks to avoid unexpected problems. If you provide radiators or electric heaters, they must be in working order. Periodic maintenance should be part of your ongoing duties.
In addition, landlord thermostat laws require the heating system to be able to maintain a comfortable temperature in the home. Specifically, sleeping rooms must stay at a minimum of 18 degrees, and living rooms at 21 degrees when the temperature outside drops to minus one degree celsius. Failing to provide this level of heating could result in legal action, as it can pose a health risk to tenants.
Landlord responsibilities for heating maintenance
The 1985 Tenancy Act states that landlords are responsible for keeping installation for space heating and water heating in good repair. This means you must make sure that boilers, radiators, and any other heating systems are regularly maintained. Annual checks should be performed by a qualified engineer to ensure everything is in working order.
For instance, maintaining a boiler should always be done by a Gas Safe registered engineer. This involves checking the pressure, ensuring the flu and vents aren’t blocked, that all seals are tight, and that no leaks are present. It’s important to provide tenants with a gas safety certificate yearly and to keep copies for your records. Landlord heat laws make this certificate mandatory. Tenants should receive a copy before moving in or within 28 days of the most recent boiler service.
Landlords should also be proactive about checking heating systems throughout the year. If you leave maintenance until something breaks down, it could lead to a more costly emergency repair. Scheduling regular inspections helps prevent major issues and ensures that any minor faults can be fixed before they escalate.
Hot water obligations for landlords
Landlords are also responsible for making sure tenants have access to hot water at all times. This includes maintaining the boiler and making sure the plumbing system can deliver hot water to every necessary area. According to landlord heat laws, loss of hot water, particularly during cooler months, is considered an emergency and must be addressed immediately.
As a landlord, it’s wise to keep the contact details of a reliable heating engineer on file to handle these situations promptly. For instance, if tenants experience a loss of hot water or heating, you should aim to fix the issue within 24 hours to avoid health hazards and to comply with landlord thermostat laws.
Tenant responsibilities for hot water and heating
Tenants also have a part to play when it comes to the correct usage of heating systems. They must report any issues with the heating or hot water to the landlord immediately to prevent further damage. During colder months, tenants are responsible for keeping the property at a minimum temperature (12 to 15 degrees celsius), even if they are trying to save on heating bills. This prevents pipes from freezing.
Some tenants may bring portable heaters into the property. However, landlords often discourage this because it can create confusion over who is responsible for maintenance. Tenants are generally responsible for any items they bring into the property. This includes portable heaters that were not part of the original inventory.
Timely repairs
Repairs to heating and hot water systems must be completed in a ‘reasonable’ timeframe. However, if there is an urgent issue, like no heating or hot water, repairs should be carried out within 24 hours. Having a trusted heating engineer available for emergencies ensures that you can address issues quickly. This keeps your tenants happy and your property in good condition.
Landlord boiler cover
To protect against unexpected costs, landlords can take out boiler cover. This type of insurance specifically covers boiler breakdowns and central heating repairs in buy to let properties. Many policies also include annual servicing, breakdown repairs, and sometimes plumbing cover. This provides both landlord and tenants with peace of mind.
While general maintenance costs can often be claimed as part of wear and tear allowance from HMRC, landlords should note that boiler replacement can’t be claimed. So, having boiler cover can be a worthwhile investment in the long run.
Preventative measures
To avoid any heating issues, it’s advisable to schedule regular maintenance checks on heating systems. This not only reduces the risk of expensive emergency repairs but also ensures that tenants are comfortable and that the heating system meets legal standards.
For example, noisy radiators are a common tenant complaint. Before a tenancy begins, the landlord should bleed the radiators to ensure they’re working efficiently. Ongoing maintenance, such as re-bleeding radiators, is typically the tenant’s responsibility during the tenancy. Although, landlords often take care of this as part of their general maintenance duties.
Understanding landlord heat laws and landlord thermostat laws is crucial for both landlords and tenants to ensure that heating and hot water systems are well-maintained. Landlords are responsible for providing a safe and habitable property with functional heating and hot water systems. Tenants are responsible for reporting any issues and maintaining the systems in good working order.
By scheduling regular maintenance checks, having boiler cover in place, and keeping open communication, landlords can prevent potential problems and ensure that they’re fulfilling their legal obligations. Likewise, tenants can enjoy a comfortable home without the worry of unexpected heating or hot water issues.
Are you covered with landlord insurance? Get a quote online today or request a callback. Alternatively, you can contact us via our website or give us a call on 01788 818 670.
We won't be beaten on any like for like landlord insurance quote.
Get a quote