Rental homes have to have some form of heating, just like any other home, but in a bid to save money, many landlords install types of heating that are cheap to buy, but very expensive to run, which leaves the poor unfortunate tenants facing crippling heating bills over winter.
In one recent case, a council decided to take a landlord to a Residential Property Tribunal (RPT) for fitting panel heaters on a standard electricity tariff in one of his rental properties. Because the house in question was old, it was very poorly insulated and the tenants were forced to pay a huge amount just to enjoy a warm and comfortable home.
The landlord initially won his case when the tribunal decided that as long as he provided some kind of central heating for his tenants, he was not obliged to consider what the running costs were. However, the council appealed the decision using cost benefit analysis of heating a home as part of their evidence. The original ruling by the RPT was overturned by the Upper Tribunal (UTLC), who subsequently decided that central heating running costs were not irrelevant when making an assessment of “excessive cold” under the guidance of the Housing Act 2004.
This ruling has far reaching consequences for landlords in the private rental sector. No longer will you be allowed to install a cheap form of heating without giving due thought to how much the running costs are likely to be. Instead you will have to take running costs into account and make a decision accordingly, or face the consequences.
