The recurring health and safety hazard you MUST prioritise

In the Private Rented Sector, reducing heat loss typically dominates the discussion around indoor air temperatures. However, Met Office data pointing to increasingly hotter summers changes that. Homes that stay warm in the winter need to remain comfortable and safe in periods of excess heat.

Excess heat has been defined as a hazard under the Housing Health and Safety Rating System (HHSRS) since 2006. While there’s no legal maximum indoor temperature for rented homes, local authorities may still compel landlords to address overheating risks where they could affect their tenants' health and safety.

If a local authority does intervene, landlords may be required to carry out more extensive and costly remedial works than if they had addressed the issue proactively. This, along with the legislative pressure of the Renters’ Rights Act, means that improving the property before you’re compelled to can save time and hassle in the long run.

In this guide, we'll clarify what the current rules say, where excess heat could become a compliance issue, and the practical steps landlords and letting agents can take to help future-proof their rental properties.

• Why overheating is becoming a bigger issue for the Private Rented Sector
• Is there a legal maximum temperature for rented homes?
• What should landlords and letting agents do about excess heat?
• Conclusion

Why overheating is becoming a bigger issue for the Private Rented Sector

For as long as the government has had a hand in building houses in the UK, housing policy has been focused on combatting cold and damp. But the UK's climate is changing, and we’re now facing the opposite problem.

The UK has recently faced weeks of record-breaking temperatures, withexcess deaths estimated to be around 2,700. Ageing housing stock that was mainly designed to retain heat can quickly move from unpleasant to outright dangerous. High-rise flats, houses with large south-facing windows, and properties with limited ventilation are at particular risk of overheating. This is especially true in built-up urban areas, where 83% of the UK population lives.

Maintaining a comfortable indoor temperature is becoming an increasingly important measure of housing quality. While eliminating damp, mould, and disrepair remain vital elements of Awaab's Law and the Decent Homes Standard for social housing, the industry must look towards homes that are liveable in both the summer and the winter.

Building future-proof portfolios requires landlords and agents to take the long view and invest in energy-efficient options. Insulation, ventilation, shading, and even solar power can all play a role in homes for every season.

Is there a legal maximum temperature for rented homes?

In short, no. While workplaces must be kept "at a comfortable level," there is no legal maximum temperature for private rented homes in the UK.

This means that landlords don't have a legal obligation to keep the properties in their portfolio below a specific temperature during heatwaves or the summer. They also aren't required to provide fans or air conditioning units for their tenants. Despite this, the issue of overheating shouldn't be ignored.

Instead of a defined limit, excess heat is included as one of the 21 hazards assessed under the HHSRS in England and Wales, which local authorities can use to decide whether a property poses a risk to its occupants.

In practice, the assessments made by the local council aren't based solely on how hot the property is. Inspectors will take several factors into account, including the ventilation systems, the layout of the property, and the vulnerability of the tenants.

For example, a bottom-floor flat inhabited by a 25-year-old fitness instructor will be considered much lower risk than a mid-floor south-facing maisonette occupied by an old-age pensioner.

This assessment will then dictate whether or not the local authorities would need to carry out an enforcement action.

How does the HHSRS assess excess heat?

While we've spoken about it a little in the section above, it's important that agents and their landlords have a deep understanding of what the HHSRS is and how it’s used to assess excess heat in private rented homes in England and Wales.

In short, the Housing Health and Safety Rating System is a framework local authorities can use to identify hazards that affect residents' health and safety. As part of its assessment, it considers the likelihood of a hazard occurring and the potential severity of its impact.

When an inspection identifies a risk, it is categorised into different levels of seriousness. Category 1 hazards are serious, and require that the local authority acts immediately. Category 2 hazards are less severe, and don't require immediate action.

When it comes to excess heat, assessors consider a variety of factors rather than simply looking at the thermometer. These factors include:

• The property's exposure to sunlight
• Whether glazing and reflective window film is present in the property
• What ventilation is available (air conditioning systems, extractor fans, etc.)
• Whether windows can be safely opened
• Whether shading is provided internally or externally (trees, blinds, etc.)
• How the building is constructed and how the rental property is laid out.
• The vulnerability of the tenants

What should landlords and letting agents do about excess heat?

While there are no legal obligations for landlords and letting agents regarding overheating, taking a proactive step to deal with the problem is advisable. Cooler properties improve your tenants' quality of life, preempt summertime complaints, and build a trail of evidence showing your improvements to the property.

Providing evidence of your improvements is vital under the Renters’ Rights Act. In the worst-case scenario, your tenants will be able to escalate any complaints they may have to the PRS ombudsman. Should they find in favour of your tenants, you could be forced to pay back rent or be unable to take back possession of your property. Evidence that you have done the work will help you win your cases.

Respond promptly to complaints

An overly hot home isn't caused by the weather alone. Outdated fixtures, faulty windows, poorly installed thermal insulation, and ill-maintained heating systems all play their part in high temperatures.

Investigating and addressing complaints quickly and effectively means the property gets regular attention, while also improving relationships with tenants.

In Phase 3 of the Renters' Rights Act, private rentals will come under the remit of Awaab's Law and the Decent Homes Standard. This will put timelines on how and when hazards must be addressed. By getting into the practice of responding quickly and effectively now, you'll be better positioned to respond to formal changes in future.

Keeping records of reported issues and completed repairs also produces evidence that could be submitted to the ombudsman should a tenant decide to escalate the problem.

Think beyond individual improvements

Throughout the next decade, the rental housing stock in the UK will go through massive changes as landlords work to meet new compliance rules around their energy performance certificates and legal obligations.

As you work to improve the quality of your portfolio, it's important to remember that your improvements need to work as part of a bigger year-round project. A new boiler, for example, can make a huge difference in winter, but won’t have the same impact in summer.

When installing a new improvement, take a moment to understand how it fits into the wider ecosystem of the property. Taking a whole-house view of things will keep your tenants comfortable in every season.

Look for opportunities to address overheating

Landlords are already under financial pressure to ensure their properties comply with EPC C. So while some improvements that address overheating may prove too expensive, there are still some cost-effective solutions available:

Give your tenants support during extreme heat

The government has produced a range of Beat the Heat resources to help tenants stay cool and safe in higher temperatures. Sending these to tenants helps to show them you’re taking a proactive approach to the issue.

It’s also the natural starting point of a dialogue with your tenants about how they have the property set up and what solutions to the heat they may have already tried.

Once you understand this, you can recommend potential fixes and prioritise upgrades that will make the biggest impact. For example, your tenants may prefer not to have A/C. In this case, you could recommend that the landlord installs thick curtains throughout the property.

Conclusion

The UK's housing stock was built for a different climate. As hotter summers become more common, landlords and letting agents need to think beyond keeping properties warm in winter and start considering how they perform year-round.

Providing comfortable, hazard-free homes for tenants doesn't mean that landlords and agents have to go back to the drawing board. By taking measured, proactive steps, it's possible to build whole-house plans that improve the quality of the property all year round.

While there is no legal maximum temperature for rented homes, excess heat remains a recognised hazard under the HHSRS, and local authorities have the power to act where overheating poses a serious risk to tenants. Taking proactive steps now can help landlords avoid more costly remedial works later, while also improving the experience of their tenants.

As the climate continues to change and tenant needs evolve, successful landlords will be the ones who go beyond the minimum requirements and create homes for all seasons.

At Goodlord, we build compliance directly into our platform. While we can't renovate your rental properties, we can offer automated systems and dedicated account managers with the knowledge to keep you compliant.

If you'd like to know more, get in touch with our team today.