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As temperatures drop, a broken boiler or faulty heating system stops being an inconvenience and starts being a serious problem. Living without adequate heating in winter isn’t just uncomfortable – it’s a health risk, and in many cases it’s something your landlord is legally required to fix.

If you’re renting from a council or housing association and your landlord has failed to repair your heating despite being told about the problem, you don’t have to put up with it. A lot of tenants don’t know their rights in this situation – and that lack of awareness is costing people the compensation they’re entitled to.

This guide covers what your rights are, what steps to take, and what happens if your landlord still won’t act.

What Are Your Rights as a Tenant When It Comes to Heating?

What Counts as a Heating Disrepair Issue?

Heating disrepair covers a wider range of problems than most tenants realise. It’s not just a completely broken boiler – it includes:

 

  • A broken or non-functioning boiler
  • Faulty or broken radiators in one or more rooms
  • No hot water
  • Heating that works but doesn’t reach a reasonable temperature
  • Broken thermostats or heating controls
  • Communal heating systems in flats that aren’t being properly maintained

 

On the question of reasonable temperature – the World Health Organisation recommends a minimum of 18 degrees in bedrooms and 21 degrees in living areas. If your heating system can’t reach those levels, that’s a disrepair issue worth pursuing.

It’s also worth knowing that damp and mould often follow a heating failure. The two problems are closely connected – inadequate heating leads to condensation, which leads to mould. If that’s happening in your home, the disrepair issue is more serious than the boiler alone.

What Should You Do If Your Landlord Won’t Fix the Heating?

What Health Risks Does a Broken Heating System Cause?

Living in a cold home isn’t just uncomfortable. It’s a serious public health issue – particularly for elderly residents, young children, and anyone with an existing health condition.

The risks include an increased likelihood of respiratory conditions such as asthma and bronchitis, a higher risk of cardiovascular problems in cold temperatures, and the development of damp and mould as condensation builds up throughout the property. Mould brings its own significant health risks – particularly for children and those with respiratory conditions.

If your health or the health of someone in your household has been affected by inadequate heating, that personal injury element can form part of a housing disrepair compensation claim. It’s not just about the boiler – it’s about the impact on your life.

What Is a Housing Disrepair Claim?

What Compensation Can You Claim For?

Compensation in housing disrepair cases generally covers two areas.

General damages reflect the inconvenience, discomfort and distress of living in a cold or inadequately heated home. Special damages cover the financial impact – increased energy bills from using alternative heating such as electric heaters, damage to belongings caused by damp, and any medical costs incurred as a result of the disrepair.

Where health has been affected, a personal injury element can also be claimed. The length of time the problem has been ongoing is one of the key factors in determining the level of compensation – which is another reason not to wait.

Every case is different, and a solicitor will give you a proper assessment of what yours might be worth.

Will Making a Claim Affect My Tenancy?

This is one of the most common concerns we hear – and it’s one of the main things that stops tenants from coming forward.

The answer is no. Tenants are protected from retaliatory eviction by law. The Deregulation Act 2015 provides specific protection for tenants who make legitimate complaints about disrepair. Making a housing disrepair claim does not give your landlord grounds to evict you, and any attempt to do so in response to a legitimate complaint would itself be unlawful.

Don’t let this fear stand between you and something you’re entitled to.

How Long Do You Have to Make a Housing Disrepair Claim?

Why Is Winter the Most Important Time to Act?

The impact of heating disrepair is at its most severe in winter. Cold temperatures, health risks, damp and mould – all of these accelerate as the weather gets colder. The contrast between a functioning home and a cold, damp one is at its starkest, and the evidence of the impact is at its clearest.

Photographs taken now, temperature logs kept over the coming weeks, and health records gathered during the winter months all make for stronger evidence than anything gathered in the spring.

If you’ve been putting this off, winter is exactly the time to act – while the problem is at its worst and the evidence is at its most compelling.

Don’t Spend Another Winter in the Cold

Richard Law

Richard Law is the Managing Director at Liberay Legal and a qualified solicitor since 2010. He trained at international law firm Halliwells LLP before specialising in counter fraud litigation at Hill Dickinson LLP. After founding and successfully selling his own business, and joining BMD Law Limited where he focused on financial mis-selling litigation. Throughout his career, Richard has represented high-profile clients including Triumph Motorcycles, AXA Insurance, the British Medical Association, and Leicester City FC.

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