If you’re aiming to become a landlord in the UK, you’ll probably already be aware that there are a number of legal responsibilities that you have to adhere to. Some of those relate to the property’s heating systems. Here, we’ll take a closer look at your responsibilities for the hot water and heating in your rental property so that you can avoid falling foul of the law when tenants move in.
What Must Landlords Do With Regard To Heating?
Landlords have several legal obligations with regard to heating in their rental properties. Part of that is the provision of some kind of heating in all occupied rooms. That may be through the provision of a fixed gas or electric heater, or, alternatively, a traditional gas central heating system. In some cases, it could be a heating option that’s more environmentally friendly, like a heat pump.
When heating is supplied via electric heaters and radiators, the landlord has a legal obligation to ensure they are properly maintained during the tenancy. No matter which heating source a landlord provides, they retain responsibility for carrying out maintenance checks on an annual basis.
So tenants and the property itself can be kept safe, landlords are advised to carry out periodic checks throughout every tenancy. Tradespeople and landlords are permitted to access a rental property to carry out routine maintenance checks; however, the tenants must be notified in writing a minimum of 24 hours before the intended visit.
When it comes to boiler maintenance, landlords should only ever use an engineer who is fully qualified and gas safe registered when carrying out the annual boiler service. This service involves checking the boiler’s pressure as well as checking that the combustion release and flue aren’t blocked, that there aren’t any leaks, that all the boiler’s electric components work correctly, and that all of the seals are suitably tight.
Once the check has been done, the landlord must then give the tenant a valid gas safety certificate provided by the Gas Safe engineer. Landlords must give tenants an up to date copy of the CP-12 gas safety certificate before moving into the property, or within a 28 day period following the latest service was done for all existing tenants.
Do Tenants Have Any Heating Obligations?
Landlords may have many heating obligations in the rental property, but tenants have some responsibilities too. They must take responsibility for correctly using all of the property’s heating appliances and making sure that the landlord is informed about any faults or issues that arise.
When the weather is cold, it’s common for tenants to worry about trying to keep their energy bill down. However, part of the tenant’s responsibility involves ensuring that the property remains at a temperature of at least 12 to 15 degrees Celsius in order to prevent the pipes from freezing since this could result in them bursting and a flood occurring.
There are some tenants who want to have a portable heater of their own in the property however these are sometimes prohibited by landlords for reasons of safety since it may cause a grey area about who has responsibility for maintaining it and it may even cause a problem with insurance. Tenants have to take responsibility for all personal items that they bring with them to the property that weren’t on its inventory when the tenancy began. If they experience any issue with its heating system, all repairs have to be carried out within a timeframe that is deemed to be reasonable. All emergency repairs such as having no heating or hot water, are required to be rectified within a 24-hour timeframe since they can pose a hazard to health.
The Landlord’s Heating Responsibilities
In terms of taking responsibility for heating as a landlord, there are various regulations to adhere to including a minimum temperature that is deemed to be acceptable. A rental property has to be capable of maintaining a minimum temperature of 18 degrees Celsius in rooms used for sleeping and a temperature of 21 degrees Celsius in all living spaces if the temperature outdoors drops to below one degree. Tenants are entitled to take their landlord to court if their property cannot maintain a comfortable temperature since it represents a health hazard.
All replacements and repairs to the property’s heating remain the responsibility of the landlord. Some landlords therefore choose to take out a contract with a service provider so that maintenance inspections can be organised and carried out regularly. That will help guard against the possibility of an emergency arising by pinpointing possible issues early.
All radiators in the property should be bled at the commencement of a new tenancy. However, once the tenant is living in the property, ongoing maintenance of this nature becomes the tenant’s responsibility.
Hot Water Landlord Responsibilities
Not only is a landlord responsible for heating in the rental property, they’re also responsible for the hot water system too. Landlords have a legal responsibility to ensure their tenants have hot water continuously. That includes repairs to the boiler as well as ensuring the plumbing can deliver hot water effectively to the bathrooms, toilets, and kitchen. If hot water is lost during the winter, this is deemed to be an emergency situation that requires immediate rectification.
If the tenant notices any issues with their water supply, it’s their responsibility to report any leaks to their landlord. In order to make matters simpler for both the landlord and tenant, it’s a good idea to outline clearly in the tenancy agreements which responsibilities to do with the hot water and heating systems fall on the landlord and which on the tenant. Without this clarification, disputes can arise that may result in legal action.
Can Landlords Control Heat Within A Rental Property?
If the landlord is responsible for paying the energy bills, they may decide to have control over the thermostat. On the other hand, if the tenant is paying the bill, they can have complete control over the thermostat themselves.