Receiving a complaint that your HMO is "too cold" isn't just a tenant comfort issue, it's a serious legal matter that could result in enforcement action, compensation claims, or even licence revocation. As an HMO landlord, understanding your heating obligations is crucial to protecting both your tenants and your investment.

⚖️ The Legal Context: HHSRS and Fitness for Habitation

Under UK law, the primary legal framework is the Housing Health and Safety Rating System (HHSRS) and the Homes (Fitness for Human Habitation) Act 2018.

• HHSRS: This system requires local councils to assess hazards. "Excess Cold" is one of the 29 hazards that can seriously affect tenant health. The law requires your property to be safe from Category 1 (serious) hazards.

• Fitness for Human Habitation Act: This requires rental properties to be "fit for human habitation," which includes having adequate provision for heating.

Industry Standard Temperature Benchmarks

While the law does not state a precise minimum temperature, the heating system must be capable of providing adequate and controllable heat. To ensure the property is not deemed unsafe under the HHSRS, Environmental Health Officers use established industry guidance as a benchmark for adequate heating capacity.

• Living Areas (Living Rooms & Bedrooms): Must be capable of achieving and maintaining $21^\circ \text{C}$ when the outside temperature is $-1^\circ \text{C}$.

• Other Habitable Rooms (e.g., Bathrooms, Kitchens): Must be capable of achieving and maintaining $18^\circ \text{C}$ when the outside temperature is $-1^\circ \text{C}$.

Key Point: These are the benchmark standards a local council Environmental Health Officer will use to assess the adequacy of your heating system. Failing to meet them is a strong indication the property is unsafe under the HHSRS and potentially unfit under the Fitness for Human Habitation Act.

🌡️ Why Temperature Matters: The Health Risks

The HHSRS identifies "excess cold" as a serious housing hazard. Here's what the research shows about the health risks associated with cold temperatures:

• Below $19^\circ \text{C}$: Small risk of adverse health effects begins.

• Below $16^\circ \text{C}$: Serious health risks occur, including:

  • Increased blood pressure

  • Reduced resistance to respiratory infections

  • Higher risk of cardiovascular disease

  • Hypothermia in vulnerable individuals

  • Worsening of existing health conditions

For vulnerable tenants (elderly, very young, or those with pre-existing health conditions), the risks are even greater.

🛠️ Your Legal Obligations as an HMO Landlord

1. Provide Adequate Heating Systems

Your HMO must have a heating system that:

• Is safe and efficient.

• Provides controllable heat in all habitable rooms.

• Can maintain the required benchmark temperatures ($21^\circ \text{C}$ in main rooms, $18^\circ \text{C}$ in others).

• Is fixed and permanent (not portable).

2. Acceptable Heating Methods

Acceptable (Must be fixed and permanent):

• Central heating (gas-fired preferred)

• Fixed electric heaters (e.g., modern panel heaters)

• Storage heaters

• Heat pumps

• Fixed convector heaters

Generally NOT Acceptable as the Primary/Sole Source of Heating:

• Portable electric fires/heaters (These are temporary and usually inadequate).

• Unfixed Oil-filled radiators or Convector heaters (The system must be permanent).

• Gas cylinder-powered heaters

• Paraffin heaters (Strictly prohibited due to fire and toxic fume risk).

Important: Even if tenants bring their own portable heaters, you remain liable for providing adequate, fixed heating.

3. Maintenance Responsibilities

You must:

• Maintain heating systems in good working order throughout the tenancy.

• Respond promptly to heating complaints and breakdowns.

• Conduct annual servicing of boilers and gas systems (mandatory under Gas Safety Regulations).

• Keep detailed records of all maintenance and repairs.

• Arrange emergency repairs when heating fails, especially during winter.

🧑‍⚖️ Tenant Rights Under the Law

The Homes (Fitness for Human Habitation) Act 2018 gives tenants powerful rights if heating is inadequate:

• Right to Legal Action: Tenants can take you to court.

• Right to Compensation: Courts can order you to pay damages (compensation).

• Right to Repairs: Courts can order you to fix the problem within a specified timeframe.

• Right to Report: Tenants can request council inspections under the HHSRS.

What counts as "reasonable time" to fix heating? Courts decide case-by-case, but heating failures in winter are typically considered urgent and may require same-day or next-day response.

🚨 How to Respond to a "Too Cold" Complaint

When a tenant complains about cold temperatures, a clear protocol is essential:

Step 1: Immediate Response (Within 24 Hours)

• Acknowledge the complaint in writing.

• Ask specific questions: Which room(s) are affected? What temperature are they experiencing? Are radiators/heaters working?

• Arrange an inspection within 48 hours.

Step 2: Investigation

• Test the heating system in the affected room(s).

• Check thermostat settings and controls.

• Measure actual room temperatures.

• Check for draughts, poor insulation, or broken windows.

Step 3: Action Plan

• If the heating system is faulty: Arrange emergency repairs immediately. Provide temporary heating if repairs will take more than 24 hours. Keep the tenant informed.

• If the system is working but temperatures are low: Check insulation and draught-proofing, or assess if the system needs upgrading to meet the $21^\circ \text{C}/18^\circ \text{C}$ benchmark capacity.

• If tenant misuse is suspected: Educate tenants on proper heating controls and document your findings.

Step 4: Documentation

Keep detailed records of:

• Date and time of complaint.

• Your response and actions taken.

• Temperature readings and inspection results.

• Repair work completed (invoices, dates).

• All communications with the tenant.

💡 Preventing Cold Complaints: Proactive Measures

1. Annual Pre-Winter Checks

Before each heating season:

• Service all boilers and heating systems.

• Bleed radiators and check for cold spots.

• Test thermostats and controls.

• Seal draughts around windows and doors.

2. Upgrade to Smart Heating Controls

Modern smart thermostats (e.g., Hive, Nest) can:

• Maintain consistent, programmed temperatures.

• Allow zone control to avoid heating empty rooms.

• Provide remote monitoring and usage data.

3. Improve Energy Efficiency

Better insulation reduces heating demands and costs.

• Ensure your HMO meets the Minimum Energy Efficiency Standards (MEES) (see below).

• Install double glazing where possible.

• Add or top-up loft insulation (minimum 270mm recommended).

• Insulate cavity walls and draught-proof all external doors/windows.

⚡ Energy Efficiency Requirements

Beyond heating adequacy, you must comply with the Minimum Energy Efficiency Standards (MEES):

• Current Legal Minimum: All rental properties must have a minimum EPC rating of E.

• Properties rated F or G cannot be legally rented (with limited, documented exceptions). Penalties for non-compliance are up to £5,000 per property.

Future Requirements:

• The government is currently considering raising the minimum standard to an EPC rating C by 2028 (proposed). Upgrading now will future-proof your investment, reduce tenant bills, and improve marketability.

🛑 Council Enforcement Powers

If your HMO fails heating and safety standards (Category 1 hazard), councils can take strong action:

1. Serve an Improvement Notice requiring specific works.

2. Issue a Prohibition Order preventing the use of all or part of the property.

3. Impose a Civil Penalty of up to £30,000.

4. Revoke your HMO licence.

5. Add you to the Rogue Landlord Database.

💰 Cost Effective Heating Solutions

Balancing compliance with costs is key to HMO profitability.

Improvement

Estimated Cost Range

Benefit

Budget-Friendly

Draught-proofing & weather stripping

£50 - £200

Immediate heat retention, quick fix.

Radiator reflector panels

£10 - £20 per radiator

Reflects heat away from external walls.

System balancing & bleeding

£80 - £150

Ensures heat is evenly distributed.

Medium Investment

New condensing boiler

£2,000 - £3,500

Significant efficiency improvement.

Smart heating controls

£200 - £500

Zone control, remote access, efficiency.

Cavity wall insulation

£500 - £2,500

Major reduction in heat loss.

Long-Term Investment

Air source heat pump

£7,000 - £13,000

Low-carbon, high-efficiency heating.

Tip: Check for government grants through the Boiler Upgrade Scheme and ECO4 funding for energy efficiency improvements.

🗺️ Local Authority Variations

While the standards above apply across England, always check with your local council for specific requirements. Some councils (including the ones listed below) may have additional or more stringent requirements for HMOs, especially concerning heating controls and provision.

• Preston City Council

• Bolton Council

• Warrington Borough Council

• Manchester City Council

Contact their HMO licensing teams for area-specific guidance.

✅ Key Takeaways

• Benchmark Standards: Aim for the $21^\circ \text{C}$ (main rooms) / $18^\circ \text{C}$ (other rooms) benchmark to satisfy HHSRS requirements.

• Your Responsibility: Provide, maintain, and repair adequate fixed heating systems.

• Respond Quickly: Heating complaints require urgent action, especially in winter.

• Document Everything: Keep detailed records of complaints, inspections, repairs, and communications.

• Be Proactive: Annual servicing and pre-winter checks prevent problems and costs.

• Invest Wisely: Energy efficiency improves tenant comfort and protects your investment.

What to Do Next

If you've received a cold complaint:

1. Respond within 24 hours.

2. Inspect within 48 hours.

3. Arrange repairs immediately if the system is faulty.

4. Document everything.

Need help ensuring your HMO heating complies with regulations? Regular maintenance, proper documentation, and proactive upgrades are your best protection against complaints, enforcement action, and tenant disputes.

This article is for general guidance only and does not constitute legal advice. Always consult with your local authority's HMO licensing team for specific requirements in your area, and seek professional legal advice for individual situations.

Sources:

• Housing Health and Safety Rating System (HHSRS) England Regulations 2005

• Homes (Fitness for Human Habitation) Act 2018

• Chartered Institute of Environmental Health (CIEH) guidance on Excess Cold (HHSRS)

• NRLA landlord heating obligations guidance

• Shelter England HHSRS hazard definitions