Living in a rental property without heating or hot water is more than an inconvenience – it can make the home unsafe, particularly during the colder months. UK law recognises the importance of these basic amenities and places clear responsibilities on landlords to ensure they are properly maintained.
If you are a tenant facing problems with your heating or hot water, it is important to know where you stand legally and what steps you can take to get the issue resolved.
Landlord’s legal responsibilities
Landlords in England and Wales have a legal duty to keep heating and hot water systems in good working order. Under Section 11 of the Landlord and Tenant Act 1985, they must ensure installations for the supply of water, gas, electricity and sanitation are maintained throughout the tenancy.
The Homes (Fitness for Human Habitation) Act 2018 also requires landlords to ensure that properties remain fit for human habitation. This includes making sure tenants are not exposed to “excess cold” – a risk that can arise if a property is without heating or hot water.
Properties must also meet safety standards set by the Housing Health and Safety Rating System (HHSRS). This framework identifies hazards in rented housing, including the impact of inadequate heating, poor insulation or faulty hot water systems.
What counts as an emergency?
A complete lack of heating or hot water is classed as an urgent repair issue. In many cases, landlords are expected to act within 24 hours of being notified. This does not always mean a full repair will be completed immediately, but temporary solutions – such as providing portable heaters or arranging alternative hot water access – should be put in place while the problem is being resolved.
Restricting a tenant’s ability to use essential services, such as locking a thermostat or cutting off the boiler, can amount to harassment and may breach tenancy law. Landlords must take action quickly to restore services and ensure the property remains habitable.
Steps tenants should take
If your heating or hot water stops working, the first step is to contact your landlord straight away. Ideally, do this in writing – an email or text message creates a clear record that you reported the problem. Keep copies of any responses you receive.
If the landlord does not act promptly, you can escalate the matter to your local council’s environmental health department. They have powers to inspect rental properties and, if necessary, issue enforcement notices requiring landlords to make repairs.
You may also have the right to take legal action under the Homes (Fitness for Human Habitation) Act 2018 if your property is unfit to live in. This could result in the court ordering your landlord to carry out repairs and, in some cases, awarding you compensation.
Possible remedies and compensation
Tenants left without heating or hot water may be entitled to a rent reduction or compensation, particularly if they have faced additional costs, such as buying electric heaters or higher energy bills. Courts can also award damages for inconvenience, discomfort or health problems caused by the lack of essential services.
Related: Housing Disrepair Claims: What Are My Rights as a Tenant?
To strengthen your position, keep detailed records. This could include photographs, receipts for extra expenses and a timeline of your communications with the landlord. Persistent failure to carry out repairs may also affect a landlord’s ability to serve a valid Section 21 “no fault” eviction notice, as such action could be classed as retaliatory.
Expert support with heating issues
Heating and hot water are not optional extras – they are basic requirements that landlords are legally obliged to provide. If your landlord fails to act quickly, you have a range of options available, from involving the council to pursuing legal remedies.
At Osbourne Pinner Solicitors, our housing team can advise you on your rights and the most effective steps to take if you are living without heating or hot water. We also offer a free 30-minute consultation to help you resolve the issue and ensure your home remains safe and habitable.
Arrange a consultation using the form below, call 0203 983 5080 or email [email protected]. You can visit us in Harrow, Canary Wharf, Piccadilly Circus or Manchester – or speak remotely via video call.
