Legal warning over tenants and high temperatures

Landlords are being warned about tenants’ legal rights over soaring temperatures.

Although today is expected to be slightly less hot than earlier this week, a warning to landlords has come from Landlord Resource.

Co-founder Jack Malnick says: “Landlords need to be proactive … As a landlord, you don’t have a specific legal duty to provide air conditioning, but you do have a duty to keep the property safe and free from hazards.

“You need to be fully up to date on HHSRS.

“There is now legal recognition that excessive heat is a potential heating hazard under the Housing Health and Safety Rating System (HHSRS). A property can be considered unsafe if overheating creates a health risk. 

“Under the HHSRS, councils include hazards such as damp, mould, excess cold and heat; a home that can’t be properly ventilated contributes to these hazards, especially overheating and mould. 

“If ventilation isn’t adequate, action may be taken against you if you don’t make the relevant repairs.

“Since June 2026, councils in England have gained stronger powers to issue penalties of up to £7,000 per hazard under the HHSRS framework; this isn’t specifically for a lack of ventilation but applies where there is a serious hazard that a landlord should be addressing.”

Malnick gives examples of which tenants can complain:

• Windows are stuck and won’t open
• Broken extractor fan, or other form of ventilation
• Shutters, blinds or other fixtures broken
• Structural defects which affect conditions

And he suggests this is what to do if you receive a complaint from a tenant regarding heat:

• Treat this as an urgent matter, especially if health problems are mentioned
• Act as an urgent maintenance issue rather than a routine repair
• Provide practical mitigation, eg install blinds
• Allow tenants to use portable air conditioners where feasible
• Consider future property adjustments such as extra shading if the problem persists
• Identify any vulnerable tenants and be considerate and mindful in this
• Keep records of reports received and any temperatures or evidence

You can find out more about the HHSRS here:https://www.gov.uk/government/collections/housing-health-and-safety-rating-system-hhsrs-guidance

This article is taken from Landlord Today