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Landlord Refused Repair London: What Tenants Can Do If Heating Is Not Fixed

27 January 20288 min read
Landlord Refused Repair London: What Tenants Can Do If Heating Is Not Fixed

London tenants who are left without adequate heating or hot water because their landlord has refused or repeatedly delayed a repair have legal remedies available to them. Understanding your rights as a tenant in England and the process for enforcing them is essential when a landlord is not meeting their obligations.

Landlord Repair Obligations for Heating and Hot Water in London

Private landlords in England have a legal duty under the Landlord and Tenant Act 1985 to keep in repair and proper working order the installations in the property for space heating and heating water. This obligation cannot be excluded or reduced by the terms of the tenancy agreement: it is a statutory minimum that applies regardless of what the contract says. The obligation covers the boiler, central heating system, radiators, and all associated pipework and controls. It does not extend to appliances provided by the tenant, but does cover everything that was in the property when the tenancy began and everything described in the tenancy agreement as part of the property.

In addition to the general repair obligation, landlords are required under the Gas Safety (Installation and Use) Regulations 1998 to ensure that a valid Gas Safety Record is in place for all gas appliances at the property and that it is renewed annually. A London landlord who has not arranged a gas safety check within the last twelve months is already in breach of a separate legal requirement, and the absence of a valid certificate is something the tenant can report to the local authority independently.

What to Do First When a London Landlord Refuses to Fix Heating

Before taking formal action, document the issue thoroughly. This means sending the landlord a written communication, by email or letter, clearly describing the problem (no heating, boiler fault, broken radiators), stating when the problem started, listing any previous verbal reports and the dates of those reports, and requesting that the repair be carried out within a reasonable time. A reasonable time for a heating failure in winter is generally considered to be twenty-four to forty-eight hours for an emergency repair. Keep copies of all correspondence.

If the landlord does not respond or refuses to act, the next step for London tenants is to contact the local authority Environmental Health department. Every London borough has an Environmental Health team responsible for enforcing housing standards, and they have powers under the Housing Act 2004 to inspect the property and serve an Improvement Notice requiring the landlord to carry out specific repairs within a defined timescale. If the landlord fails to comply with the Improvement Notice, the local authority can carry out the work itself and recharge the cost to the landlord.

Legal Remedies for London Tenants Without Heating

London tenants can also apply to the First-tier Tribunal (Property Chamber) for an order requiring the landlord to carry out repairs. This process does not require a solicitor, although legal advice is recommended for more complex cases. The Tribunal can order the landlord to carry out the repair and can also order compensation to the tenant for the period during which the property was substandard.

Where the lack of heating constitutes a health hazard, particularly for young children, elderly residents, or individuals with medical conditions aggravated by cold, the situation may be treated as an emergency by the local authority. It is important to note that a landlord cannot evict a tenant as retaliation for reporting a repair issue or for contacting Environmental Health. Retaliatory eviction legislation in England provides significant protection for tenants who report their landlord for failure to carry out repairs. London tenants in this situation are strongly advised to seek advice from Citizens Advice, Shelter, or a housing solicitor in addition to pursuing the formal complaint routes available to them.