Tenancy law: Does the bedroom window have to open?

[emilycl]

My friend is renting a room in a Victorian house with 2 friends and the bedroom window doesn't open. The landlord says that as it is a ground floor room in the inner city it is for their own safety. My friend is worried about fire risk and not being able to escape.

Is there law that says a bedroom window in a rental property has to open?

Yes all windows must be fire exits in rental accommodation below the 4th floor (atleast in Scotland)

I think if there's only one escape from the flat (so only one door out of it) then yes the window needs to be able to open to allow an adult through it.

However, if it's just a room then I think all windows have to be able to open. Read through this link to see if there's anything

www.royston-lund.co.uk/landlord-facts-and-legal-requirements

I should have said it's in Tower Hamlets in London. I think English and Scottish law are different when it comes to renting.

OneTooManyBathtimes The house does have a front and back door, although the back door takes you to a small yard which is enclosed by all the terraced houses.

I have looked online but I find it very confusing. There are "house of multiple occupation" or HMOs which seems to cover 3 people sharing. But I can't work out exactly what difference that makes either.

Legally I don’t have a clue. But for the sake of your friend.. and possibly getting landlord to fix it.. has she confirmed that in the event of a fire and needing to use it as a fire escape she’ll smash the window? And clarify that if any condensation issues arrive she’s not liable as she can’t ventilate the area.

As far as I was aware all bedroom windows in any property must be capable of being used as a fire exit, i.e. Open wide enough for a person to climb out.

Lunafortheloveogod Good point! I will suggest that, although it's a sash window so that could be quite deadly in itself.

ohwheniknow If that is a legal requirement in England (or even Tower Hamlets) I would be very grateful for any references.

Does the property have a license? Under the additional licensing scheme it appear it should. Here’s the link
www.towerhamlets.gov.uk/lgnl/housing/Health_and_housing/Landlord_licensing_scheme/Additional_Licensing_Scheme.aspx

You’ll be able to find out minimum standards etc from there.

OurChristmasMiracle It doesn't!

I read that page carefully and I am not sure it has to, but I could well be wrong. It is 3 people sharing a house so I don't think that counts as 2 or more households does it? Do you interpret it differently?

Depends on whether the rooms are rented out separately? Do they all pay rent to the landlord or just one of them pay rent? If all 3 pay rent to the landlord and have separate contracts for the property then it’s 3 households as each of them are their own household.

OurChristmasMiracle They have "joint and several liability" and there is one contract that they have all signed. They do all pay rent individually to the landlord but they can't for example, move out separately.

Just ask the fire service, they're very helpful and will know the answer.

If they are 3 people who are unrelated to each other it is regarded as a HMO for which the landlord must have a licence for and adhere to the stricter rules such as fire alarms etc. There must be a means of escape from each rented room which means the window must open.

Stann86 That sounds good but do you have a reference for that? It all seems to come down to the legal definition of a household which I can't find written anywhere.

Google search takes you to Shelter's legal page: england.shelter.org.uk/legal/housing_conditions/houses_in_multiple_occupation/definitions#6

The Housing Act 2004 defines a single household as:
a family, eg a couple (whether married or not and including same-sex couples) or persons related to one another
an employer and certain specified domestic employees
a carer and the person receiving care
a foster parent and foster child.

if it is an HMO there are a shedload of additional requirements and possible licensing. But there is little enforcement and almost none in the rental warzone that is London. Landlord may be trying to dodge registering as an HMO.

how to rent guide given? Deposit protected? smoke alarms? additional HMO requirements met?

anyway, all bollocks. window locks, job done.

Stann86 Thank you so much! So as they are friends they are more than one household according to that.

But does it mean the bedroom window has to be openable?

Google local council's HMO regulations. 3 individuals may not constitute an HMO or need a licence, but some councils are stricter than others. If there is more than one exit on the level the window may not be an issue.

mencken Should the landlord be scared of my friend making a complaint to the council? That could be a way forward.

LIZS I have been searching the Tower Hamlets website but haven't found chapter and verse yet. There is more than one exit which is what made me doubt myself.

The landlord may not care and just perceive them as trouble makers and issue a section 21 to start the process of eviction. There are many unscrupulous landlords who will not make the improvements. So yes your friend should complain but they need to be prepared for the landlord to possibly take the nuclear option and replace them with less safety savvy people.

https://www.towerhamlets.gov.uk/lgnl/housing/Healthanddhousing/Landlordlicensinggscheme/AdditionalLicensingg_Scheme.aspx

There are links to other documents but focus is on fire and co detection rather than escape routes.

From a building regulations point of view habitable rooms need ventilation. The opening needs to be 1/20th of the floor area.

contact towe hamlets environmental health, housing section, and ask them.
but realistically, you cannot make the landlord do anything.
he can just evict you.

alexdr8 They are only one month into their contract and I don't think the landlord can kick them out until 6 months. Is that too short a time to force the landlord to do something?

BeckButters Oh that sounds very worthwhile to know! Thank you. (I assume that doesn't include the door to the room.)