Tolerate and Repairing Standards regarding heating in Scotland

[kosebamse]

Hello everyone,

 

I have a question regarding provision of heating in Scotland.

 

 

I am renting a private accommodation and, as per usual, agent seems not to care,

even though has been informed (emailed twice, now I am intending to send them a formal letter) the heating does not work properly.

I have no boiler and only electric heating in the whole flat.

 

 

Problems:

 

1) the radiator in the living room does not operate, tried all the switches that there are and it will not budge.

(There is a small, fixed electric fireplace in the living room but it is only on/off and does not provide enough heat anyway when constantly on).

 

2) the radiator in a bedroom (smallish for the size of the room), whilst constantly on full power, never provides enough heat

- as I am writing, being there, I feel cold, my fingers feel stiff and cannot bend them without minor pain.

 

 

There is also draft due to improperly insulated windows in the bedroom and the the living room.

 

3) A heavy, vertical radiator in a bathroom is not properly fixed and is prone to falling of the wall which is a health hazard

(apparently, the agent have been made aware about this by previous tenants as well and made no repairs).

 

4) There is no heating system whatsoever in the kitchen - is the kitchen excluded from provision of heating?

 

My understanding is that the flat does not comply with tolerate and repairing standards

and the issues I have mentioned above should have been addressed by the agent.

 

 

I want to write a properly formatted, detailed letter to the agent but I canno find within the Shelter Scotland website (and others)

or Scottish Housing Act precise information about the tolerable and repairing standards in respect of heating,

 

 

that is: what are the exact minimum celcius temperatures in bedrooms and living rooms that the fixed appliances should provide at all times?

 

I would be thankful if anyone could point me towards relevant legislation and/or guidelines

as well as what the next step I need to take, should the agent disregard my formal letter of complaint.

 

Thanks,

K.

[stu007]

Hi kosebamse

 

1. Have you reported all these issue to the Letting Agent and Landlord.

 

2. The issue with the radiators not heating are you sure the radiators dont just need bleed to remove any air blockage.

 

3. If property has Gas when was the last Gas Safety check done.

 

This link may be of use its for the Private Rented Housing Panel which provides tenants with a way of enforcing the Repairing Standard and, for some tenancies, setting reasonable rents.

 

http://www.prhpscotland.gov.uk/prhp/1.html

[kosebamse]

hi Stu,

 

Thanks for your reply. I have made the agent aware, twice. I am about to send the agent a formal letter. I do not have contact details to the landlord. The heating is fully electric throughout the house. There is no radiator in the kitchen whatsoever. I have just checked temperatures:

- in the kitchen: 12°C during day time, temperature outside 4°C,

- in the living room 12°C during day time, temperatures outside 4°C

- in the bedroom - there is a fixed radiator but it is too small and inefficient - after 60 minutes having the radiator set to max, the temperature climbed to 13.8°C during late evening, with the temperature outside 1°C.

 

I feel cold in the flat all the time, despite wearing 3 layers of clothes, sometimes 4.

 

K.

[Mr.P]

A link that might help: https://www.gov.uk/government/publications/cold-weather-plan-for-england-2014

In particular, the document on Minimum Temperatures - Whilst it is an NHS England publication, I'm sure NHS Scotland will have a similar publication..

 

Quoting from the Executive Summary:

 

On the basis of the evidence and discussions with experts and implementers presented in this review; the following recommendations on indoor temperature thresholds are proposed:

 

Heating homes to at least 18°C (65F) in winter poses minimal risk to the health of a sedentary person, wearing suitable clothing.

 

Daytime recommendations

 

• The 18°C (65F) threshold is particularly important for people over 65yrs or with pre-existing medical conditions. Having temperatures slightly above this threshold may be beneficial for health.
  

 

• The 18°C (65F) threshold also applies to healthy people (1 – 64)*. If they are wearing appropriate clothing and are active, they may wish to heat their homes to slightly less than 18°C (65F).
  

Overnight recommendations

 

• Maintaining the 18°C (65F) threshold overnight may be beneficial to protect the health of those over 65yrs or with pre-existing medical conditions. They should continue to use sufficient bedding, clothing and thermal blankets or heating aids as appropriate.
  

 

• Overnight, the 18°C (65F) threshold may be less important for healthy people (1 – 64)* if they have sufficient bedding, clothing and use thermal blankets or heating aids as appropriate.
  

 

Edit: Also came across this: http://www.privatehousinginformation.co.uk/site/138.asp

British Standards state that a minimum standard of heating is a fixed space-heating appliance to each occupied room. It should be capable of efficiently maintaining the room at a minimum temperature of 18°C, in sleeping rooms, and 21°C in living rooms, when the temperature outside is minus 1°C and it should be available at all times. The adequacy of loft insulation and cavity wall insulation is important and would be considered as part of any HHSRS assessment, as would significant draughts.

 

You may need to do a bit of digging to see if HHSRS is applicable to Scotland, but even if it isn't, a British Standard will.

[kosebamse]

Hi P,

 

Thanks a lot, that was helpful. However, what baffles me, all those guidelines are recommendations. My understanding is that recommendations are not lawful regulations, that is cannot be enforced. In other words, technically, the agent can shrug their shoulders, and say 'whatever'?

[kosebamse]

I have produced a formal letter of notification of repair which clearly itemized what needed to be done as well as included pictures. This letter was sent to the agent signed for and a few days later I also emailed the letter to a number of people in the organisation (maintainance manager, supervisor of maintance, etc.) to make them aware of the issues in no uncertain terms. I think i was generous because they had almost two months to come up with, at least, a detailed plan of the repair actions. Sadly, this 'professional' agency hasn't replied to the letter of notifcation of repair and my emails so far! I had to spend money to buy radiators, endure cold temperatures in the house as well as not properly fiteed or working devices. At the same time I pay a hefty rent every month on time. I do feel like it is an injustice, not only to me, but also to the legal framework and the Housing Act. What do you guys recommend as the next step?

[stu007]

Contact the Private Rented Housing Panel and speak to them I gave you the link in post#2 they can mediate to try and get this resolved.