Is My Rental Too Cold to be Legal? Your Rights in England

If your rental home in England feels uncomfortably cold, you may be wondering if it’s breaking the law. Keeping your home at a safe, healthy temperature is not only key for comfort but also a legal standard for rented properties. This guide covers your rights, landlords’ obligations, and what steps to take if your property is too cold.

Minimum Temperature Standards for Rented Homes

There is no single law stating an exact temperature your home must be kept at. However, landlords have clear legal duties to ensure properties are safe, healthy, and habitable. The Homes (Fitness for Human Habitation) Act 2018 requires all rented homes to be free from serious hazards, including excessive cold¹. The Landlord and Tenant Act 1985 also means landlords must keep the property’s structure and heating in good repair².

• The government’s Housing Health and Safety Rating System (HHSRS) lists “excess cold” as a major hazard.
• Recommended minimum indoor temperatures are around 18°C (living room) [NHS guidance].
• There’s no requirement for landlords to pay your heating bills, but they must provide heating that works and is safe.

Properties with insufficient heating, poor insulation, or draughts could fall short of legal standards.

What Is a ‘Hazard’ and When Is a Property Too Cold?

Under the HHSRS, a hazard is anything that could harm your health or safety. “Excess cold” is a recognized hazard. Local councils use this system to inspect homes and can order landlords to act if they find serious problems.

• Examples include broken boilers, single glazing, or poor insulation causing rooms to be consistently below 18°C in winter.
• If damp, mould, or heating breakdowns are making you ill, this counts as a health risk.

Who Enforces the Rules?

Your local council’s housing team can inspect rental properties and require landlords to fix hazards. The official body that handles housing disputes in England is the First-tier Tribunal (Property Chamber) for Residential Property.

Your Landlord’s Responsibilities

Landlords must:

• Maintain heating systems and hot water
• Repair or replace broken boilers in reasonable time
• Address insulation and draught issues if they cause serious cold
• Meet minimum Energy Efficiency Standards (EPC E or above) for most homes

If they fail, the council can take enforcement action and you may be able to apply to a property tribunal.

How to Take Action If Your Home Is Too Cold

Not sure where to start? Here’s what to do if you believe your home is illegally cold:

• Notify your landlord: Always report heating or insulation problems in writing.
• Wait a reasonable time for repairs (usually up to 14 days for non-emergency issues; 24 hours if there’s no heating in winter).
• Contact your local council’s environmental health team if your landlord does not resolve the issue.

Useful Forms and How to Use Them

• Form: Request for Housing Inspection
  When to use: If your landlord doesn’t fix the cold, you can ask your council for an inspection—most councils provide a web form or downloadable application on their official site.
  Example: Use your council’s “Report a housing hazard” online form (see How to report repairs to your council for links).
  Official resource: Report a repair problem to your local council
• Form: Application to First-tier Tribunal (Property Chamber)
  When to use: If the council won’t act or you want to challenge landlord repairs, you may be able to apply via Form RPT5 ("Application relating to Housing Act 2004") to the Property Tribunal.
  Example: If your landlord repeatedly ignores orders to fix heating, you may submit this form.
  Official form: Form RPT5

For further details on applications and disputes, visit the First-tier Tribunal’s official application information.

FAQ: Can a Property Be Too Cold to Be Legal in England?

1. What is the legal minimum temperature for rented homes in England?
   The law doesn’t set a specific minimum temperature, but landlords must keep homes free of ‘excess cold’ and provide adequate heating. Unsafe cold levels are a health hazard and can trigger council action.
2. If my boiler breaks, how soon must my landlord fix it?
   Landlords should repair loss of heating or hot water within 24 hours during cold weather. Repairs must be ‘within a reasonable time’, especially when health is at risk.
3. What can I do if my landlord refuses to deal with cold or poor heating?
   Contact your local council’s environmental health team, who can inspect your home and order your landlord to make repairs.
4. Can I withhold my rent if my home is too cold?
   It’s risky to withhold rent, as you could face eviction. Follow official complaint routes instead, such as contacting the council or tribunal.
5. Which tribunal deals with rental property disputes in England?
   The First-tier Tribunal (Property Chamber) handles residential property disputes regarding repairs, rent, and standards. Visit their official page to learn about applications.

Key Takeaways

• Your landlord must ensure your rented home is safe, warm, and free from ‘excess cold’.
• If your property is dangerously cold, report the problem—and act early to protect your health.
• Councils and tribunals can help if your landlord doesn’t meet their legal obligations.

Understanding your rights and the action steps can help you get the warm, safe home you deserve.

Need Help? Resources for Renters

• Contact your local council’s housing or environmental health team: Find your local council here
• Government advice on repairs and property standards
• The First-tier Tribunal (Property Chamber)—apply for property-related disputes
• Free guidance from Citizens Advice — Housing

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1. See: Homes (Fitness for Human Habitation) Act 2018
2. See: Landlord and Tenant Act 1985

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