AIBU to ask my landlord to upgrade to double glazed windows in my flat?

[laura29121]

Hi everyone
I live in a 2 bed flat with my 2 DC (5 and 1yrs old). It is a fairly large block of flats and we are the only flat to still have single glazed windows. I wouldn't mind this if it didn't cause so many problems. The window in the lounge is very large and doesn't actually shut entirely, when I shut it there is a (albeit small) gap. This causes massive issues in the winter as there is a constant draught and water drips through. It is the same problem in my DC's bedroom and there is also mould due to this. My heating bill is extortionate as the radiator in the lounge is directly under the window that won't close, so the heat quite literally goes out the window. The problem I have is that my landlord is very "stingy" and reluctant to fix anything. AIBU to request double glazing? I never knew it would cause so many problems. My next door neighbour has also informed me that the previous tenants moved out due to this. Any help appreciated, I'm a single mum living on my own for the first time, so feel a bit clueless! Thank you :)

I doubt the LL will pay for new windows too. Sounds like a slum lord to me.

I would worry though, if the OP got into a fight about the EPC, the LL could simply revenge evict her with a section 21 no fault eviction. I know evictions are suspended for lockdown, but when it ends, her LL could serve it with a 60day notice. Then get in a tenant at higher rent due to the lovely new carpets and improvements OP has done and paid for...

Even if the LL did not revenge evict her, if the property did not meet minimum EPC level to rent, would not the council then declare her flat uninhabitable and she would then be forced out of the flat? The council can’t force the LL to put in windows. The LL could very well say, yes you’re right I’m not legal but have no money for new windows, but since there is no longer a tenant, and the property is now vacant, I am not breaking the law anymore.

Then wait and illegally rent a few months later?

Tread carefully OP. If you decide to basically threaten your landlord that your let is illegal without an EPC etc they may decide to evict you/sell up. They may struggle to evict you without having gone through the correct letting process but will get there eventually and it’s trouble you don’t need.

Certainly in the first instance I would try the approach of writing to the landlord to say how settled and happy you are in your home but that you have found the windows cold and draughty and if they were in a position to plan any upgrades you would very much appreciate it - particularly the living room window. Threats would be ok if nice places to rent were plentiful but that is not usually the case.

Don’t forget that the current climate might have affected your landlords income - either from their job or receiving rent from tenants but you will be planting the seed for them to consider and plan.

Re the mould: water coming in the windows will of course contribute to damp and mould but any property will suffer with damp and mould if it is not adequately heated and ventilated. While you don’t want your living room windows blowing in the breeze of a winter evening blocking up every gap will reduce ventilation and increase mould. You need to make sure you minimise moisture in the air from showering/cooking and drying clothes - close doors and open windows to minimise the number of rooms affected and to ventilate the room with windows and extractors to get rid of moisture quickly. It is a good idea to open windows for a while every day when ever possible (are there high openings on your windows that are safe for your little ones? Worth asking for some little high opening windows if your landlord agrees to new windows as well)

Our bathroom which is used for at least two showers each day does not suffer with mould (I maybe wipe a couple of black speckles off the ceiling each year or so) and I put this down to constant ventilation from it’s old gappy window as well as opening the window after showering. But yes cold in winter! If you get new windows you might find that your mould problems actually increase as you have less ventilation - so you will have to remember to ventilate by opening windows. Will be warmer of course though.

Contact the Environmental Health team at your local council, and ask them to do an inspection under HHSRS. Hopefully (after coronavirus) they will visit and assess the whole flat under 29 hazards which include excess cold, damp and mould. Hazards come out as either category 1 or 2. Cat 1 is the most severe and means the council can serve notice on the landlord to make them do repairs in a certain time period.
Hope this helps

This will require planning permission, and as they will differ from all other windows, currently in place, will most likely be rejected until there is a full plan to change the entire block.

advice for England.

Yes, OP, you have been clueless and as a result I am afraid that you have been royally shafted by your unscrupulous landlord. Which is no excuse for the landlord's behaviour of course. Yes, it was 'sold as seen' but it looks like there have been many illegalities here.

It has been illegal for some time even to offer a property for let or sale without an EPC. If the EPC is below E then it is (as of 1st April) illegal to rent it at all unless it is subject to certain exemptions. Fine for landlord is £4000.

without it you can't be legally evicted under a section 21. There are also lots of other requirements to evict you, all of which are detailed in the how to rent guide on gov.uk. Which you should have been given. There are quite a few incorrect posts on here which I CBA to go through - read the how to rent. There may also be safety issues: gas safe cert (if it has gas). Smoke alarms? And then there's deposit protection..

Environmental health are probably the best bet as that will also stop any eviction once you've had a complaint upheld.

as always, why you want to stay in this shithole which isn't even a cheap shithole is beyond me. If you do, read up your rights and decide what you want to do. Any kind of eviction will now be the best part of a year to the bailiff, especially if this is London.

fitting carpets to a private rental was, I'm afraid, not smart. Only council properties expect you to do that.

get clued up on your rights for the next property - because the only way to deal with slumlords is to stop paying them by leaving. Good luck.

I would worry though, if the OP got into a fight about the EPC, the LL could simply revenge evict her with a section 21 no fault eviction.

If and EPC should have been issued at the start of the tenancy and if they are treated the same way as GSCs, the LL won't be able to issue a S21 notice.

There was a case a few years ago where Judge Luba ruled that failure to issue a GSC at the start of a tenancy couldn't be rectified later and therefore the S21 process couldn't used.

When I worked in homelessness prevention, that stopped a fair few people from ending up homeless.

The "if" above is a big if, though.

Environmental health are probably the best bet as that will also stop any eviction once you've had a complaint upheld

This, absolutely. Bad landlords bloody hate that change in the rules.

yes, yes, yes. This is a shit landlord, we are all agreed.

The property is now only rentable to a clueless or desperate tenant - we don't know it will be EPC below E but it probably will. The landlord has a tenant paying more than the property is worth even if it is legal. So an eviction seems unlikely but if it is London there will be other desperate people.

there are many reasons why the EPC won't work. If the OP comes back we may find the others, but hopefully she's working on contacting the council ASAP.

sorry - there are many reasons why the SECTION 21 won't work.

If you are in OP's situation the upside is she likes the flat and her neighbours. I would try to find out if there are any grants in your area and get some quotes for the dg so you know what it would cost. Then discuss it with your LL getting a grant as you are on a limited income

The window kit together with thermal blinds or liners for your curtains are a good idea. Two things regarding your heating (1) Are you on the best tariff - I have a good tariff arranged through Money Saving Expert with British Gas which aren't advertised on BG's website (2) Do you get the £140 warm home discount and are you eligible for an upgrade to your heating through a grant.

That sounds pretty awful but I would look towards moving out and having curtains etc or window liners in the interim. Landlord is unlikely to pay.

As stated above it's illegal not to have EPC and register the deposit. But if they are dodgy they will kick you out.

It costs the landlord money to kick you out though. At the moment it is a renter's market. All the air bnbs are on the market and you can get flats cheaply. So if you're going to ask your landlord for things, now is the time. But be prepared for them to kick you out (potentially if/when work is done and the market picks up and they think they can get more money) if they are dodgy enough!

Are window installers working right now? Not sure how they could work with a 2 metre rule

Might be a bit of a wait op

At least he should fix broken window.