London tenants threaten legal action over excessive heat in flats

Possession Friend has drawn attention to Property118 about a group of tenants threatening legal action against their housing association over excessive heat.

In what could be the first case of its kind, residents living in flats managed by PA Housing in Woolwich, London, claim the flats are not fit for purpose, with temperatures reaching 43°C in the summer.

Chris Daniel, founder of Possession Friend, told Property118 that landlords now appear to face criticism whether they under-improve or over-improve their properties’ energy efficiency, particularly through insulation.

He also questioned whether the Homes (Fitness for Human Habitation) Act was really needed, given the powers local authorities already have.

Building is inhumane

The BBC reports that residents are planning to take action against their housing association, marking the first claim filed for excessive heat under the Homes (Fitness for Human Habitation) Act 2018.

A resident living in Canada Court and Clifton Lodge in Woolwich told the BBC the building was not fit for purpose.

Chris Sayudo, chair of the tenant association at Clifton Lodge and Canada Court, said the buildings’ corridors reached 48 degrees in the summer.

He told the BBC: “It’s a combination of problems; the build-up of heat in the building, because there’s no real ventilation, and the fact there are leaks in the cupboards and communal areas means there is a massive amount of mould.

“Not just in communal areas, but in our flats as well, because we don’t have ventilation. There’s a built-in new air ventilation system but it doesn’t do anything. It’s not effective.”

Will be putting measures in place to monitor internal temperatures

The BBC claim when they went to film the flats last year the communal cupboards were covered in thick black mould.

However, the housing association told the BBC they have now cleaned the mould and are supporting residents.

Michael McDonagh, chief executive of PA Housing, said the issue was mainly concentrated to communal intake cupboards rather than residents’ homes.

He told the BBC: “This is an issue that, we agree, needs to be addressed across the housing sector. Like most properties in the UK, Canada Court and Clifton Lodge were designed to keep heat in rather than keep them cool.

“However, when they were built, they met all relevant planning and building regulations at the time.

“All the same, we will be putting measures in place to monitor internal temperatures at both buildings as a way of understanding whether this is just an issue during excessive heat or throughout the year so we can support residents as much as we can.”

“This is a difficult situation that the sector and the government, not just PA Housing, need to address.”

Can you make a property too energy-efficient?

Mr Daniel tells Property118 that many private landlords remain concerned about the uncertainty surrounding EPC C requirements and questions whether cases such as this show how the legislation may be interpreted in practice

He said: “Landlords will want to ensure a good level of thermal efficiency for the benefit of their tenants and their properties. However, can you make a property ‘too energy efficient’?

“Many private landlords are still concerned about the uncertainty surrounding EPC C requirements and it would seem that you can, in this case, where a group of tenants complain that flats are too hot and therefore unfit for human habitation.

“Didn’t landlords express concern about how this legislation would be used and whether there was even a need for it, given local authority powers under the Housing Health and Safety Rating System (HHSRS)”

He adds: “If there could be any concerns about excess heat, then perhaps landlords add temperature checks to their morning routine and open windows before serving tenants breakfast in bed!”

When asked by Property118 for comment on the legal action case, PA Housing declined to comment.