Heating, hot water and power problems

A landlord is responsible for maintenance and repairs to ensure the tenant has heating and hot water. This includes making the sure boiler is working and safe.

Section 11 Landlord and Tenant Act 1985 states that a landlord must keep in repair and proper working order the installations in the property that supply heating and hot water.[1] This includes:

• boilers

• central heating

• water and gas pipes

• radiators and gas fires

A tenant should tell their landlord immediately if the heating system is not working or unsafe. They can give notice of repairs verbally or in writing.

A landlord has a reasonable time to complete repairs. Heating and hot water issues are often an emergency and need urgent attention. What is a reasonable time might change depending on the time of year. For example, a boiler repair is more serious during the winter.

If the repairs take time, the tenant could ask their landlord for electric heaters, water heaters, or electric blankets. They could ask for rent reduction if the appliances increase energy costs.

Find out more about a landlord's repairing obligations.

Gas heating safety checks

A landlord is responsible for making sure a gas boiler is serviced and safe. The gas supply and appliances they provide must be:

• in a safe condition

• fitted or repaired by a Gas Safe registered engineer

• checked every 12 months by a Gas Safe registered engineer

This includes boilers, pipework, fires, and water heaters.

Find out more about gas safety checks.

Section 11 Landlord and Tenant Act 1985 states that a landlord must keep in repair and proper working order the installations in the property that supply electricity. These include electrical wiring and sockets.

A tenant should let their landlord know immediately if the power system is not working or unsafe. They can give notice of disrepair verbally or in writing.

Find out more about a landlord's repair obligations.

Landlord electrical health and safety obligations

A landlord must make sure the dwelling is fit for human habitation throughout the tenancy.

A property might be unfit for human habitation if there is a health and safety hazard. An electrical hazard includes exposure to:[2]

• electricity

• fire and explosions

• flames and hot surfaces

Find out more about a landlord's fitness for human habitation obligations.

Local authority duty to deal with electrical health hazards

A tenant can report health and safety issues to their local authority's environmental health department. The department might have a different name depending on the local authority, like the private rented standards team.

Local authorities must keep the conditions of housing in their area under review and where appropriate inspect accommodation to assess whether there are health and safety hazards. The guidance covers electrical hazards and defects to the electricity supply, meters, fuses, wiring, sockets or switches. Find the housing health and safety rating system guidance on Gov.uk.

The local authority must take action if it identifies a serious hazard.

This is not an option for local authority tenants. A local authority cannot take action against itself. The tenant can complain to the Housing Ombudsman if a local authority landlord fails to deal with the problem.

Find out more about local authority duties to deal with repairs.

Electrical safety checks

Private landlords have additional obligations to make sure electrics in the property are safe. They must:[3]

• arrange for a qualified person to check the electrical safety before the tenancy starts

• ensure that the electrical safety standards are met throughout the tenancy

• carry out electrical safety checks at regular intervals

• retain a copy of the report until the next test is due

The landlord must supply a copy of the report to tenants, including prospective tenants, and the person carrying out the next check.

The government has published a guide to electrical safety for private sector landlords.

Find out more about the responsibility for electrical safety in rented homes.

Problems with utility supplies might cause problems with the heating, hot water and power system in a property.

A landlord is responsible for making sure there is heating and hot water in the property. A tenant can check to see if the problem is caused by a utility supply issue.

Power supply problems

A power outage or issue with the power supply to the property might have turned off the boiler or affected the settings on the heating system.

A tenant could:

• check the fuse box to see if a fuse has blown or tripped

• change a fuse or reset the fuse box to fix the problem

• contact their electricity supplier to check whether there is a problem

Water supply problems

A boiler cannot work without a water supply. This might be the problem if there is an issue with the water supply to the property.

A tenant could check if there is water coming out of any taps. They could contact their water supplier to see if there is a problem.

Fuel supply problems

A heating system can be affected by a problem with the gas supply. A tenant could check other gas appliances in the property to see if they are working. They could contact their gas supplier to check whether there is a problem if there seems to be no gas supply.

Some boilers run on different fuel, such as oil. This is often stored in a tank on the property. A tenant could check whether the oil tank has run out.

Landlord cuts off tenant's utilities

A landlord might cut off essential services such as heating and power to try and force a tenant to move out. This is harassment which is a criminal offence.

Find out more about harassment by a landlord or letting agent.

When a tenant is struggling to afford utilities

A tenant might have utility supply problems if they are struggling to afford their bills. For example, they might not be able to top up their pre-payment meter.

Find out more from Citizens Advice about energy supply options.

A property might be very cold or very hot where there are problems with the heating system or other issues such as degraded insulation.

A tenant must inform the landlord of issues in the property. They can give notice of repairs verbally or in writing.

Landlord repair responsibilities

Section 11 of the Landlord and Tenant Act 1985 states that a landlord must keep the structure and exterior of the property in repair.

Problems with the structure and exterior might be:

• degraded insulation

• gaps and cracks in the wall

• windows don't seal properly

This could mean the property is too cold even if the heating system is working.

Find out more about the landlord's repair responsibilities.

Landlord health and safety responsibilities

A landlord must make sure the dwelling is fit for human habitation when they grant the tenancy and for the duration of the tenancy.[4] They might have to make improvements to the property to make it fit for human habitation. For example, installing insulation.

A property might be unfit for human habitation if it has problems with:[5]

• repairs

• water supply

• a health and safety hazard

The regulations include a list of circumstances that give rise to hazards.[6] They include where a property is excessively cold or hot.

There are serious health risks when the temperature is too low or high, including hypothermia, dehydration, and cardiovascular problems. Heating problems pose particular health and safety risks for elderly people and young children. Government guidance states that a healthy indoor temperature is around 21 degrees celsius. Below 16 degrees celsius, there are serious health risks for elderly people.

Find out more about a landlord's fitness for human habitation obligations.

Local authority duty to deal with temperature health hazards

A tenant can report health and safety issues to their local authority's environmental health department.

Local authorities must keep the conditions of housing in their area under repair and where appropriate inspect accommodation to assess whether any health and safety hazard exists. The guidance covers threats to health from very high or low indoor temperatures.

The local authority must take action if it identifies a serious hazard.

This is not an option for local authority tenants. A local authority cannot take action against itself. The tenant can complain to the Housing Ombudsman about a local authority landlord's failure to deal with the problem.

Find out more about local authority duties to deal with repairs.

Energy performance of property

Most rented properties must have an energy performance certificate with a rating of E or above. A tenant's energy bills may be higher because of problems with the property, such as poor insulation.

A private sector tenant can request that their landlord makes improvements to improve the energy efficiency in their home. For example:

• draught proofing

• replacement glazing

• cavity wall insulation

A tenant can ask the landlord to make improvements through the energy company obligation if they are on a low income and receive some benefits.

Find out more about the minimum energy performance standards.

Defects in the property

Building or repair defects can mean a property is very cold or hot. For example, where building work or repairs were done to a poor standard.

Find out more about defective premises.

A landlord must take action if they are responsible for fixing a problem with heating, hot water, or power. If they do not, the tenant might have to take extra steps to get the issue fixed.

The tenant's options include:

• reporting the problem to the local authority

• starting court proceedings for disrepair

• paying for repairs and claim the money back from the landlord through the courts

Report the landlord to the local authority

The local authority has a duty to take action against a landlord for some types of hazards. This could include issuing an improvement notice or a prohibition order. It could take emergency action to deal with the problem if there is a risk of serious harm.

This is not an option for local authority tenants. A local authority cannot take action against itself. The tenant can complain to the Housing Ombudsman about a local authority landlord's failure to deal with the problem.

Find out more about the local authority's powers to deal with repair problems.

Start a disrepair claim

The tenant can issue a County Court claim for disrepair. Disrepair claims can be complex. There is a pre-action protocol that the tenant must follow before they start a claim. The tenant might need to get expert reports and evidence, which can be very expensive.

Tenants should get legal advice before they start a court claim for disrepair.

Find out more about a tenant's remedies for disrepair.

Pay for the repairs and issue a money claim

Tenants who can afford to pay for repairs might prefer to do this and then claim the money back from the landlord. For example, paying for an emergency boiler repair.

There is no guarantee they will be able to recover all or some of the money.

The tenant can improve their chances of recovering the sum by:

• gathering evidence of the problem

• reporting the problem to the landlord

• giving the landlord a reasonable time to complete the works

• reporting the problem to the environmental health department at the local authority

• getting three quotes for the work and commissioning the cheapest one

• requesting payment from the landlord

Claims under £10,000 are normally allocated to the small claims track. The tenant and the landlord usually pay their own costs for small claims, unless the court finds that one party acted unreasonably.

Find out more about money claims under part 7.

Withholding rent

The tenant might want to withhold payment of rent whilst the repairs are outstanding. This is a risk because the landlord can start possession proceedings for rent arrears. In some cases a tenant might be able to claim for compensation to offset the arrears where there is disrepair.

Private landlords of an assured shorthold tenancy could start section 21 proceedings to evict the tenant.

Find out more about section 21 notices.

Risks of taking action

An assured shorthold tenant could be at risk of being served with a section 21 eviction notice if they report problems to their landlord. Find out more about section 21 notices.

A section 21 notice might be invalid if the local authority has taken enforcement action against a landlord due to disrepair. This is known as retaliatory eviction. Find out more about what makes a section 21 notice invalid.

A tenant might have to move out of the property temporarily while the landlord completes repair works. For example, where the repairs require significant structural work or when the tenant would be without hot water for a long time.

Most private landlords do not have an obligation to provide the tenant with alternative accommodation, but the tenant could ask for somewhere else to stay. A landlord's insurance might cover the costs of a short stay in hotel or B&B.

A tenant should continue to pay rent unless the landlord agrees to a rent reduction in writing.

Find out more about problems during repairs.

Finding alternative accommodation

When problems with heating, hot water or power are not resolved a tenant might have to consider moving out of the property permanently.

A tenant might be able to:

• apply for the housing register

• find private rented accommodation

• apply as homeless to the local authority

A person is homeless if it is not reasonable for them to continue to occupy their accommodation. A tenant can approach the local authority to make a homeless application.

Tenants should seek advice before leaving accommodation. A local authority could find that a tenant who leaves is intentionally homeless if their accommodation was still reasonable to continue to occupy.

Find out more about the homeless application process.

A tenant might need to give a valid notice to end their tenancy if they decide to leave.

Find out more about how a tenant can end a tenancy.

A tenant must act in a tenant-like manner.[7] This includes completing minor maintenance and repair jobs, such as bleeding radiators and changing fuses.

A tenant can also take preventative measures. This could include:

• keeping the heating set at least seven degrees celsius to stop pipes from freezing

• letting the landlord know if they are leaving the property empty for a longer period

The tenant might also need to turn off the water and empty the boiler if they go away for the winter. They would not normally need to do this if they go away for a short period.[8]

Terms in a tenancy agreement

The tenancy agreement might include terms outlining a tenant's responsibilities for repairs and maintenance in the property.

A landlord cannot avoid their repair duties by stating in the tenancy agreement they are not responsible. For example, adding a term into an agreement that the tenant is responsible for maintaining and repairing the boiler.[9]