Landlords have a legal duty to protect tenants from excessive cold by fixing disrepair and removing hazards in rented homes.
Published January 2026
This content applies to England.
Dangers of living in a cold home
When temperatures fall, many renters across England are living in homes that are difficult and expensive to heat because of poor energy efficiency, high fuel costs and unresolved disrepair.
Data from the English Housing Survey shows that the private rented sector has the highest proportion of serious housing hazards and the lowest energy efficiency ratings of any tenure.
Cold homes are closely linked to damp and mould, poor health and rising fuel poverty. People most at risk include renters living in poor quality housing, households on low incomes, older people, families with children and tenants with disabilities.
Why so many rented homes are cold
Cold homes are not just caused by bad weather. Rising energy bills and poor insulation make the problem worse.
Over half of private homes are below EPC rating C
Many renters' homes lose heat quickly because they are poorly insulated. An Energy Performance Certificate (EPC) shows how energy efficient a property is and what improvements can be made to make it warmer and more affordable to heat.
Landlords must provide a copy of the EPC when advertising a property, and most rented homes must meet a minimum rating of E unless a legal exemption applies.
Privately rented homes have the lowest energy efficiency with 55 percent rating below C compared to 30 percent of social homes.
Find out more about energy performance certificates, requirements and enforcement on Shelter Legal.
Find an energy certificate on Gov.uk.
By 2030, the government plans to amend the energy efficiency regulations so that all privately rented homes meet a minimum EPC rating of C.
Find out more about improving the energy performance of privately rented home on Gov.uk
High energy costs and fuel poverty
High energy costs mean that even energy-efficient homes can be expensive to heat. Poor insulation and inefficient heating push more tenants into fuel poverty.
Tenants may be able to get help to cover bills through benefits, grants and energy support schemes.
Find out more about help with energy bills and costs of living on Shelter England.
When cold becomes a legal hazard
Excess cold is a recognised hazard under the Housing Health and Safety Rating System (HHSRS).
A home can be unsafe if it cannot maintain a reasonable indoor temperature because of poor insulation, defective heating or disrepair.
Government guidance says homes should be able to maintain a minimum temperature of 18 degrees celsius. Below 16 degrees, the risk of serious health problems increases, particularly for older people and those with long-term medical conditions.
Local authority environmental health teams assess whether cold is a hazard under the HHSRS and can require landlords to make improvements.
Tenants can use free smartphone apps or digital thermometers to check the temperature in their homes.
Find out more about HHSRS definition of hazards on Shelter Legal.
Find out more about the housing health and safety rating system (HHSRS) enforcement guidance on Gov.uk.
Landlords duties to prevent cold homes
All landlords, whether private or social, have a legal duty to make sure the homes they rent out are safe and fit to live in. These duties apply whether a landlord rents out a single home or a house in multiple occupation (HMO).
Section 11 repairs
Landlords must keep the structure, exterior and heating systems in repair under section 11 Landlord and Tenant Act 1985. This also includes keeping installations for water, gas, electricity, sanitation, space heating, and heating water in proper working order.
Find out more about Repairs under section 11 on Shelter Legal.
Fitness for habitation
Landlords must ensure rented homes are fit for human habitation. This duty comes from section 9A of the Landlord and Tenant Act 1985, introduced by the Homes (Fitness for Human Habitation) Act 2018.
A home might be unfit if it contains hazards such as cold, damp or mould.
Find out more about Fitness for habitation in rented homes on Shelter Legal.
Compliance with gas safety checks
Landlords must carry out annual gas safety checks on gas appliances, including boilers, and provide the tenant with a valid certificate.
Find out more about gas safety in rented homes on Shelter Legal.
Challenges for mobile home occupiers
People living in mobile homes do not have the same tenancy rights as private and social tenants. Their rights and responsibilities are normally set out in a written agreement between the occupier and the site owner or mobile home owner.
These agreements might set out who is responsible for repairs. An occupier could take court action if there has been a breach of contract. However, mobile home renters typically have limited protection from eviction, which can make challenging poor conditions more difficult.
Find out more about rights of mobile home renters on Shelter Legal.
Keeping social housing tenants warm
Social landlords must meet additional legal duties when tackling with cold, damp and unsafe housing. These include working within specific time scales set by Awaab's law and maintaining minimum property standards under the Decent Homes Standard.
Strict timescales under Awaab's law
Awaab's law sets fixed time scales for social landlords to investigate and resolve emergency hazards and significant hazards relating to damp and mould.
From October 2026, Awaab's law will apply to significant hazards caused by excess cold. Until then, cold or poorly insulated homes could still fall under Awaab's law if the conditions have contributed to damp or mould.
If a tenant does not have a social tenancy or the repair work is not covered by Awaab's law, landlords may still have duties under the Fitness for Habitation Act or section 11 Landlord and Tenant Act 1985.
Find out more about hazards in social housing on Shelter Legal.
The government plans to extend Awaab's law to the private rented sector through the Renters' Rights Act. The timing of these changes is to be confirmed.
Keep up to date with Renters' Rights Act 2025 changes in force.
Setting the standard for social housing
The Decent Homes Standard sets the minimum quality expected in social housing in England. Social landlords are expected to make sure homes are safe, in good repair, free from major hazards and warm enough to live in.
Despite these requirements, poor housing conditions remain widespread. According to the English Housing Survey 2023-2024, around 10 percent of social homes and 21 percent of privately rented homes in England are classed as non-decent.
The government plans to introduce a new Decent Homes standard that will apply to both social and private rented homes by 2035.
Find out more about the new Decent Homes Standard on Gov.uk.
Tenant action when a home is too cold
How a tenant raises concerns about cold or disrepair may depend on whether they rent from a private or social landlord. In all cases, it is best to report problems in writing. Written reports help tenants keep a clear record of when issues were raised, what response they received, and it can provide vital evidence if a dispute later arises.
Raising concerns with private landlords
Tenants renting privately should report problems as soon as they arise and clearly explain how the cold or disrepair is affecting their home and health. Where possible, this should be supported with evidence such as photographs or medical information.
Tenants should also allow reasonable access for inspections and repairs. This helps prevent delays and reduces the risk of disputes about responsibility.
Once a landlord has been notified, repairs must be carried out within a reasonable period of time. What counts as reasonable depends on the severity of the problem. When a property loses heating, leading to serious cold conditions, the repair must be treated as urgent.
Reporting cold conditions to a social landlord
A social landlord might become aware of serious cold or an unsafe home through a tenant's report, routine inspections or concerns raised by a third party. Once a potential hazard is identified, the landlord must investigate and take action.
Where Awaab's law applies, social landlords must meet fixed time scales for investigating and resolving emergency hazards or significant damp and mould. Where it does not apply, action should be taken within timescales that reflect the severity of the issue.
Next steps if a landlord fails to act
Where a landlord fails to take action to address cold or disrepair, tenants can escalate the issue. Some tenants may be tempted to withhold rent until repairs are completed, but they must be aware that there is still a legal obligation to continue paying it, even when repairs remain outstanding.
When to contact environmental health
Where landlords fail to remedy disrepair, tenants can ask the local authority's environmental health team to inspect the property. Local authorities have powers under the Housing Health and Safety Rating System to assess hazards in rented homes.
Environmental health can:
identify the severity of a hazard
order the landlord to carry out repairs
take enforcement action if the landlord fails to comply
Local authority enforcement applies to the private rented sector and to private registered providers of social housing. It does not normally apply to local authority housing.
Find out more on Shelter Legal:
Escalating complaints to the Housing Ombudsman
Social tenants can raise a complaint through their landlord's internal complaints process where repairs are not resolved. If the complaints process has been exhausted or the tenant disagrees with the outcome, the complaint can be escalated to the Housing Ombudsman.
The Housing Ombudsman can investigate what has happened and instruct the housing provider to take steps to put things right or to pay compensation. Data from the Housing Ombudsman shows that issues linked to damp and mould account for around 40 percent of compensation awarded in upheld housing complaints.
Find out more about complaints to the Housing Ombudsman Service on Shelter Legal.
If a letting agency is at fault
Where a letting agent fails to respond adequately to a request for disrepair, tenants can complain to the redress scheme the agency belongs to. Unless exempt, all letting agents must be a member of an approved scheme. The redress scheme can investigate and require the agency to put things right.
Find out more about complaints about letting agents on Shelter Legal.
Taking legal action
A tenant can choose to take court action where a landlord or agent has failed to carry out repairs within a reasonable amount of time. Court orders can require the landlord to complete the repairs and may also award financial compensation for the impact of living with disrepair.
Before starting court action, tenants must follow the pre-action protocol and should seek legal advice to understand the strength and potential value of their claim.
Find out more on Shelter Legal:
Duties to people experiencing homelessness
Cold and unsafe housing can trigger different homelessness duties depending on the person's circumstances. Local authorities may owe duties to people who cannot remain in their home due to poor housing conditions, to those living in temporary accommodation and to people sleeping rough.
How poor housing can cause homelessness
A person can be legally homeless even if they have somewhere to live, but it is no longer reasonable for them to occupy. Serious disrepair, including cold, damp or mould that poses risk to health could make a home unsuitable to live in.
Find out more on Shelter Legal:
Poor conditions in temporary accommodation
Any accommodation provided under a homelessness duty must be suitable. This includes being safe, free from hazards and appropriate for the household's needs.
Disrepair in temporary accommodation should be reported to the landlord. This might be the local authority or a private provider.
Where the temporary accommodation is unsuitable, occupiers should gather evidence such as photographs of damp and mould or medical information about the impact it is having on their health.
How suitability can be challenged depends on which homelessness duty the accommodation is being provided under.
Find out more about challenges to accommodation suitability on Shelter Legal.
Support for people sleeping rough
Local authorities have a duty to accommodate people sleeping rough during periods of severe weather under the Severe Weather Emergency Protocol (SWEP).
SWEP is usually activated when freezing temperatures are forecast. During this time, all people sleeping rough should be offered emergency accommodation, regardless of eligibility for other homelessness assistance.
Find out more about emergency accommodation for rough sleepers in winter on Shelter Legal.
