Asking my landlord

[EmilyandLuke]

Hi. I live in a rented flat which has very old, single glazed windows. They are constantly covered in mould and the window in the children's bedroom is now leaking. There is actually a 2-3cm gap when you try to shut the lounge window as it has now fused and you cannot shut it all the way. Because of this there is a constant draught and the heat quite literally goes out the window. The wood surrounding the windows is eroding and they really are in a very poor state. Thankfully the rest of the flat is fine. AIBU to ask my landlord to upgrade to double glazing? I'm not sure they even meet the EPC rating. I am a single mum of 2 young DC in the middle of a university degree and unfortunately not in a position to move at the moment. Thanks for reading.

I would star with asking them to fix it not necessarily upgrade. Are they aware of the issues?

Of course you should speak to him/her. You & your children's health could be affected. Good luck.

Ask them to fix them by all means. Then have a look at the Fitness for Human Habitation Act

www.gov.uk/government/publications/homes-fitness-for-human-habitation-act-2018/guide-for-landlords-homes-fitness-for-human-habitation-act-2018

You will be able to use that to backup any further requests or claims you may want to make. One thing I'd be aware of is that your landlord may have issues with the freeholder, windows are a real bugbear in flats.

You can check whether the property had a valid EPC when you signed the contract and whether it meets the minimum standards (E) here:

epcregister.com

You should have been given a copy when you moved in though. The landlord could be fined if you weren't (which would give you some leverage).

The landlord must fix the windows if they leak/don't close/are rotten and deal with the mould (unless it is your fault). If he won't, contact environmental health at your council. They can compel him to repair the property.

As a tenant, you also have a duty to tell him about the problems or you can be held responsible if further damage is caused by delaying repairs.

You can ask him to upgrade to double glazing but he doesn't have to. It's worth asking though.

If he won't, once they are fixed, you could ask him if you can use plastic secondary glazing - sheets of acrylic that stick over the frame:

www.theplasticpeople.co.uk/magnetglaze-double-glazing-kit/

You can also get plastic double glazing film that you shrink wrap over the window using a hairdryer or stick using tape. They don't look great but they are very cheap, just a few pounds:

www.wickes.co.uk/Wickes-Seasonal-Secondary-Glazing-Film---6m2/p/210014

As others have said - your LL owns a leasehold flat it may be under the lease he has no responsibility or right to fix the windows - but he should be able to get someone to come in & make sure you can close the window so its usable, safe etc.
Out of interest its a private LL not a social one?
& did you have a EPC? By any chance were you referred re housed there by the council as homeless - because the council tend to have/use cheaper quality (!!!!) housing to re house people (this is a criticism directed at housing definitely not you op)
NRLA has just informed its member that from 2026 accommodation will need to be C. Which will be interesting with flats & houses which cannot have good central heating & cannot be insulated (shudders & thinks of cladding as an alternative) Older council & social housing will be affected unless they are excluded - which won't be the first time they were.

I can't remember when EPC minimum for renting came in - didn't it change at some stage? Apparently good old wiki says listed building in England may have different ruling?

EPCs came in with the ill fated HIPS, 2007.

In 2015 new legislation meant that from April 2018, both domestic and non-domestic properties in England and Wales have had to meet a minimum energy efficiency standard (MEES). The 2018 rules only applied for new tenancies but in April 2020 they applied all tenancies, new or existing. Put shotrly, it ha to have an E grade at least or it can't be let!

blog.openrent.co.uk/epc-rules-2018-time-running-out-for-landlords/

@mumwon

As others have said - your LL owns a leasehold flat it may be under the lease he has no responsibility or right to fix the windows - but he should be able to get someone to come in & make sure you can close the window so its usable, safe etc. Out of interest its a private LL not a social one? & did you have a EPC? By any chance were you referred re housed there by the council as homeless - because the council tend to have/use cheaper quality (!!!!) housing to re house people (this is a criticism directed at housing definitely not you op) NRLA has just informed its member that from 2026 accommodation will need to be C. Which will be interesting with flats & houses which cannot have good central heating & cannot be insulated (shudders & thinks of cladding as an alternative) Older council & social housing will be affected unless they are excluded - which won't be the first time they were.

Hi, thanks for your response. I'm not sure about the leasehold flat thing. My flat is now the only one in the whole block without double glazing, there was one other, but they had double glazing put in last month too. I was not referred by the council, I was desperate to find somewhere and nobody would accept me, my friend's dad knew the landlord and it went from there. My landlord is aware the windows need replacing, he mentioned it himself at his last visit that he is hoping to do it in the next couple of years (when his mortgage is paid off apparently!) But it is becoming a real problem for me and my two toddlers. Apart from this, the flat is in good condition and he has fixed every other problem I have encountered. I think I worry about kicking up a fuss and being asked to leave. I am only 20 and this is my first tenancy, I seem to have a problem asserting myself.

That the others have double glazin gis good.

Now, check your EPC rating, you can use your address

www.epcregister.com/reportSearchAddressTerms.html?redirect=reportSearchAddressByPostcode

And take it from there.

@CuriousaboutSamphire

That the others have double glazin gis good.

Now, check your EPC rating, you can use your address

www.epcregister.com/reportSearchAddressTerms.html?redirect=reportSearchAddressByPostcode

And take it from there.

I just searched my address and my flat is the only flat in the whole block that isn't on the list?

Ooh! When did your tenancy start?

Even allowing for difficulties arising through lockdown etc, I think your landlord may have made a mistake and has not kept up to date with a few bits of newish legislation.

Is it an old social/council housing block do you think?
I hope he hasn't taken a deposit from you op - if he has he must inform you which deposit scheme he has used. There are very rigorous rules about this. Even if he doesn't put double glazing in he must fix the windows so they are usable efficient & safe. So ask him op - send him a polite email (always best to have this as proof) You are not being unreasonable in wanting them fixed. By the by this property would come
OK just looked up NRLA
green homes grant for landlord - work must be completed by march 2021 he can get up to a figure of £5000 towards the work BUT he might not be able to claim all of that for double glazing but as the glazing is single he needs to check - look it up op -

I've been here for 2 years. I don't think it is an old council block, but I could be wrong. I did give him a deposit, I'm not sure who it is protected by. He has never told me and I've never received any document about it.

Thanks for all your help everyone. I'm so clueless about this.

May I jump into this thread? I hope that's ok.

What do you do, in practical terms, if your property doesn't have an EPC rating of E or above? According to that site, in 2016 mine had a rating of F.

My LL has been refusing/stalling on replacing a rotten door for a couple of years; they keep agreeing to 'fix' it or, lately, to replace it, but it's just not happening and I can't imagine the EPC has magically gone up since 2016.

It's really getting me down as it's so cold.

Right! Let's get you set up so you knwo what kind of landlord you are really are dealing with. So far it sounds as though he is, as you say you are, a bit clueless!

What paperwork did you get, hard copy, in a email, links in an email, when you moved in?

Have you signed a new tenancy agreement, say every 6 or 12 months? Or are you on what is called a rolling contract - you only had one contract to sign and have just continued with no new paperwork?

Was your deposit worth more than 5 weeks of your rent?

You can check your deposit has been protected here

england.shelter.org.uk/housing_advice/tenancy_deposits/check_if_your_tenancy_deposit_is_protected

There are a few more questions to help you get your stuff together but eventually you are going to have to call him and ask him to fix the windows now... as in start looking at the problem within the next few days and start work within a reaosnable time after that - whether temporary or permanent. Then you can take things further based on his response!

You can check to see if the deposit has been protected using the links to the 3 schemes listed here:

www.gov.uk/deposit-protection-schemes-and-landlords

Even if it is protected, if the landlord didn't send you the prescribed information within 30 days of protecting the deposit, you can ask for punitive damages of up to 3 times the deposit.

He can also be fined for not providing an EPC. I'm guessing you didn't get the How to Rent Booklet either? He can't evict if he hasn't provided them.

Please tell me that you have a valid Gas Safety Certificate and smoke alarms on every floor?

@SarahAndQuack

www.propertyhawk.co.uk/magazines/do-i-really-need-an-epc/

Trading Standards. It's not a fully tested law yet, not much action based on it!

That was next @orangenasturtium.

I have a sinking feeling for OP. But, as you say, he can't evict her without the correct paperwork, not to mention the covid regs, so she has nothing to lose at the moment!

Thanks, that's useful.

@SarahAndQuack you need to speak to environmental health at the council if your landlord won't fix things and the property doesn't have the minimum EPC of E (unless it is exempt).

I think I may do. It's a complicated situation but we're starting to struggle. Thank you for your advice.

When I moved in he gave me a paper copy of my tenancy agreement. I haven't signed anything since so I am now on a rolling tenancy. My deposit was 1 months rent, I have just checked the register and it would appear that it is not protected. I also never received a Help To Rent booklet...I do have newish, working smoke alarms

@SarahAndQuack CuriousaboutSamphire is correct about reporting EPC violations to Trading Standards but I would speak to environmental health and ask them to do an HHSRS report (health and safety standards in rented homes). The EPC is only about energy efficiency but the health and safety standards cover far more than that, like the rotting door.

england.shelter.org.uk/housing_advice/repairs/health_and_safety_standards_for_rented_homes_hhsrs

So you don't have a Gas Safety Report (it has to be renewed every year) @EmilyandLuke (assuming you have gas)? What about a carbon monoxide alarm? It can be a criminal offence if your landlord hasn't undertaken gas safety checks.