The HHSRS, introduced under the Housing Act 2004, assesses 29 housing hazard categories. 'Excess Cold' is the HHSRS hazard that applies when indoor temperatures fall below safe thresholds — and it is one of the most commonly enforced Category 1 hazards in the private rented sector. Where the temperature in a main living room falls below 18°C for extended periods, the local authority has the power — and in some cases the duty — to serve an improvement notice on the landlord.
From 1 May 2026, Awaab's Law (introduced by the Renters' Rights Act 2025) extended mandatory statutory repair timeframes to the entire private rented sector. This means that when a tenant reports a heating failure or cold hazard, landlords must now respond, investigate, and act within defined timeframes — not just 'within a reasonable time' under the old common law standard.
What are the minimum temperature thresholds under HHSRS?
The HHSRS uses temperature benchmarks from the 2006 Housing Health and Safety Rating System Operating Guidance. These are not 'legal minimums' in the sense of a fixed statutory rule, but they are the thresholds used to assess whether an Excess Cold hazard exists:
- 18°C in living rooms and common living areas: The HHSRS benchmark for a tolerable living room temperature in winter. If the heating system cannot maintain at least 18°C in a living room during cold weather, an Excess Cold hazard may be identified
- 16°C in bedrooms: The HHSRS benchmark for sleeping rooms. If a bedroom cannot be maintained at 16°C during cold periods, an Excess Cold hazard may be identified
- 21°C for elderly and vulnerable occupants: The HHSRS guidance recommends 21°C for properties occupied by elderly people (over 65) or individuals with significant health conditions. Failure to achieve this in vulnerable-occupant properties significantly increases the risk of a Category 1 hazard designation
- Category 1 hazard trigger: Where the heating system is incapable of maintaining these temperatures, or where a boiler breakdown leaves the property without heating entirely, the local authority may designate the property as having a Category 1 Excess Cold hazard and serve an emergency Improvement Notice or take emergency remedial action at the landlord's cost
Landlord's duty to repair heating under Section 11 of the Landlord and Tenant Act 1985
Section 11 imposes an implied statutory covenant on all private landlords letting properties for terms of less than 7 years to keep in repair:
- Heating installations: Section 11(1)(b) specifically requires landlords to keep in repair and proper working order all installations in the dwelling for space heating, water heating, and sanitation. This includes the boiler, radiators, pipework, gas supply to the boiler, and any storage heaters
- The duty arises on notice: The landlord's obligation to repair arises once they have actual notice (or deemed notice) of the defect. A tenant reporting a broken boiler by text, email, or phone call is sufficient notice
- Response must be within a reasonable time: What is 'reasonable' depends on the severity — a complete boiler failure in winter requires urgent action (days, not weeks). A single non-functioning radiator is less urgent. Since Awaab's Law, statutory timeframes now replace the 'reasonable time' test for qualifying hazards
- Landlord cannot contract out of Section 11: Any tenancy clause that purports to transfer the Section 11 heating repair obligation to the tenant is void. Tenants cannot be made contractually responsible for the boiler or central heating system
- Interim heating provision: If a boiler repair will take several days, consider providing a temporary electric heater to avoid an Excess Cold hazard arising in the interim period. Document that you provided it
Awaab's Law — heating obligations from 1 May 2026
The Renters' Rights Act 2025 extended Awaab's Law to all private rented sector properties in England from 1 May 2026. A heating system failure or cold hazard now triggers mandatory statutory timeframes:
- Written acknowledgement: When a tenant reports a heating failure or cold hazard, you must acknowledge receipt of the report in writing promptly
- Investigation period: For non-emergency HHSRS hazards (Category 2 excess cold), the investigation period is 14 days from the report. You must inspect and produce a written record of findings
- Repair period: Works must be completed within the statutory repair period after investigation. The default repair period for non-emergency works is 7 weeks; for Category 1 (emergency) hazards the landlord must make safe within 24 hours
- Emergency heating failure: A complete loss of heating during the winter period is likely to constitute a Category 1 Excess Cold hazard if temperatures fall below 18°C. Treat it as an emergency — instruct a heating engineer the same day. Document the instruction and the completion
- Non-compliance consequences: Failure to comply with Awaab's Law timeframes can result in civil penalty notices of up to £40,000, rent repayment orders, and referral to the Private Rented Sector Ombudsman once the ombudsman scheme is fully operational
- Prioritise vulnerable tenants: Where your tenant is elderly, has young children, or has a health condition that makes cold particularly dangerous, treat any heating failure as an emergency regardless of the technical HHSRS category
What landlords must provide for heating in 2026
There is no statutory specification for the type of heating system a landlord must install — but the system provided must be capable of achieving HHSRS-safe temperatures and must be kept in working order. Practical obligations include:
- A functional space heating system: The property must have a working heating system capable of maintaining at least 18°C in living rooms and 16°C in bedrooms during cold weather conditions. Central heating is standard; storage heaters are acceptable where they can achieve these temperatures
- Annual gas boiler service: A qualified Gas Safe registered engineer should service the boiler annually — this is separate from (but related to) the mandatory annual gas safety check (CP12). A serviced boiler is less likely to fail and demonstrates compliance diligence
- Annual gas safety certificate (CP12): Mandatory legal requirement — Gas Safe registered engineer inspection of all gas appliances, flues, and pipework annually. Copy to tenant before move-in and within 28 days of each subsequent check
- Heating controls: Tenants must have access to and control of the heating system. Removing thermostats, timer controls, or blocking access to the boiler is a breach of the Section 11 covenant and an HHSRS compliance issue
- Radiators in all habitable rooms: The HHSRS Excess Cold assessment considers whether adequate fixed heating provision exists in all habitable rooms. Properties where bedrooms have no fixed heating source are at elevated hazard risk
- Insulation: While insulation is not strictly a heating 'installation', inadequate insulation can mean that even a working boiler cannot achieve HHSRS-safe temperatures — which attributes the hazard to the landlord. Cavity wall and loft insulation are standard minimum requirements for older stock
What happens when a tenant reports inadequate heating
When a tenant reports that the property is not warm enough, or that the heating system has broken down, follow this process carefully:
- Step 1 — Acknowledge in writing immediately: Email or text the tenant acknowledging receipt of their report. Include the date and a reference to what they reported. This starts your Awaab's Law clock
- Step 2 — Arrange inspection: Contact a heating engineer to attend within the Awaab's Law investigation period (normally 14 days for non-emergency; same day for emergency)
- Step 3 — Keep the tenant informed: Update the tenant on the engineer's findings and the expected timescale for repair. Silence breeds complaints to the council
- Step 4 — Complete the repair within the statutory period: Chase the contractor if works are delayed. If the repair cannot be completed within the statutory period, document why and what interim steps you have taken
- Step 5 — Consider interim heating: If the repair will take more than 1–2 days in winter, provide portable electric heaters and document this provision. This avoids a Category 1 Excess Cold hazard arising
- Step 6 — Record everything: Log the report date, your acknowledgement, inspection date, findings, contractor instructed, works completed date, and any interim provision. This log is your defence if the local authority investigates
Local authority enforcement powers for excess cold hazards
Where a property is found to have a Category 1 Excess Cold hazard, local authorities have strong enforcement powers:
- Improvement Notice: Served under Section 11 of the Housing Act 2004, an Improvement Notice requires the landlord to carry out specified works within a specified time. Failure to comply is a criminal offence
- Emergency Remedial Action: For Category 1 hazards that pose an immediate risk, the local authority may carry out emergency works themselves and recover the cost from the landlord
- Prohibition Order: In extreme cases, the authority may prohibit use of the property (or certain rooms) until the hazard is remedied
- Civil Penalty Notice: Under the Renters' Rights Act 2025, failure to comply with Awaab's Law timeframes can result in a civil penalty notice of up to £40,000 per breach
- Rent Repayment Order (RRO): Tenants or local authorities can apply for an RRO of up to 12 months' rent where a landlord has committed certain housing offences, including operating an unlicensed HMO — but also where Awaab's Law breaches are sufficiently serious
- HHSRS prosecution: In serious cases, particularly involving vulnerable tenants or deliberate neglect, a local authority may prosecute the landlord under the Housing Act 2004 for an unlawful act related to the hazard
Practical heating compliance checklist for UK landlords
Use this checklist to verify your properties meet minimum heating and temperature obligations:
- Valid gas safety certificate (CP12) in place and provided to tenants within 28 days of annual inspection
- Boiler annually serviced by Gas Safe registered engineer (service record retained)
- All radiators in all habitable rooms working and accessible to tenants
- Heating controls (thermostat, timer, zone controls) accessible and functioning
- All tenants have written instructions for operating the heating system
- Loft insulation present (where applicable) to a minimum of 270mm
- Cavity wall insulation present (where applicable) or solid wall insulation plan
- Any reported heating defect acknowledged in writing on same day as receipt
- All repairs logged with report date, inspection date, engineer instructed, and completion date
- Carbon monoxide alarm in every room with a fixed combustion appliance (boiler, log burner, gas fire)
Frequently asked questions
What is the minimum temperature a landlord must provide in a rental property in England?+
There is no single statutory minimum temperature, but the HHSRS (Housing Health and Safety Rating System) uses 18°C in living rooms and 16°C in bedrooms as the thresholds below which an Excess Cold hazard may be identified. Where the heating system cannot maintain these temperatures during cold weather, the local authority may designate a Category 1 HHSRS hazard and serve an Improvement Notice on the landlord.
Is a landlord legally required to fix a broken boiler?+
Yes. Section 11(1)(b) of the Landlord and Tenant Act 1985 requires landlords to keep in repair and proper working order all installations for space heating — including the boiler, radiators, and pipework. This obligation cannot be contracted out of. From 1 May 2026, Awaab's Law adds mandatory statutory timeframes: a complete boiler failure in winter must be treated as a Category 1 emergency, requiring action within 24 hours.
How quickly must a landlord repair a heating failure under Awaab's Law?+
For a Category 1 HHSRS hazard (emergency — such as complete loss of heating in winter), the landlord must make the property safe within 24 hours. For a non-emergency Category 2 Excess Cold hazard, the statutory investigation period is 14 days (inspection and written findings) and the repair period is 7 weeks. These timeframes apply to all private rented sector landlords in England from 1 May 2026.
Can a landlord make a tenant responsible for the boiler?+
No. Any tenancy clause purporting to transfer the boiler maintenance or repair obligation to the tenant is void under Section 11 of the Landlord and Tenant Act 1985. The landlord remains responsible for keeping the heating installation in repair and proper working order regardless of what the tenancy agreement says.
What is the penalty for failing to fix a heating problem under Awaab's Law?+
Failure to comply with Awaab's Law investigation and repair timeframes can result in a civil penalty notice of up to £40,000 per breach issued by the local housing authority. The authority can also serve an emergency Improvement Notice, carry out emergency works at the landlord's cost, or seek a Rent Repayment Order in serious cases. The local authority also has the power to prohibit use of the property until the hazard is remedied.