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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19801
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I have just moved in to rented accomodation and have only realised

Resolved Question:

I have just moved in to rented accomodation and have only realised since I moved in that the windows in the master bedroom which occupies the top floor do not open. They are fixed panes of glass with no way to open. There is also an ensuite on the same floor which has a window that does not open, only a very small panel at the top which opens, this is the only ventilation on the top floor, a tiny rectangle about 8 inches high by 18 inches wide, about 2 metres above the ground.

Is this legal and is there any way I can enforce the landlord to replace at least one of the windows with one that opens to get some fresh air and ventilation to the top floor as it is quite stuffy and warm all the time, with no way to get fresh air in?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

What type of tenancy agreement do you have?
Customer: replied 1 year ago.

I am renting the property through Foxtons and they have drawn up a standard tenancy agreement that I have signed

Expert:  Stuart J replied 1 year ago.






The rules are extremely complicated
and here is one council's booklet with regard to replacement windows http://www.peterborough.gov.uk/pdf/pb-bc-Guidance%20note%205%20-%20Replacement%20Windows.pdf



 



basically, if it is a
habitable room, it has to have an opening window to provide ventilation. If the
landlord refuses, refer the matter to the Environmental Health Department at
the local Council who can make the landlord do this



 



Does that answer the
question? I am happy to answer specific points.



Can I help further?



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I am
offline shortly until later today and will pick this up then

Customer: replied 1 year ago.

Hi, thanks for the reply. Its starting to give me an idea of how I can approach this.


 


What I need though is specific legal clauses that require a rented room to have an openable window. Is there a national law or requirement on this or does each council have their own regulations on what is required by the landlord? My council is Wandsworth borough. I am on the first floor, so from some parts of the document link you attached I gather that there were stipulations on rooms on the 1st floor to have a fire escape window under certain conditions.


 


Do you have any specific legislation regarding fire escape window requirements in rented accomodation or ventilation requirements in rented accomodation that applies at a UK level or anything specific to Wandsworth Borough?


 


Kind regards,


James

Expert:  Stuart J replied 1 year ago.


It is in the Building
Regulations which have changed numerous times over the years and it is
necessary to look at when the building was built and when and if the new
windows were installed. Here is the latest version http://www.vent-axia.com/files/BR_PDF_ADF_2010.pdf

to be frank, I would not get bogged
down in regulations. Simply tell the agent to get it done and tell them that if
they don't, you will refer the matter to the Environmental Health Department at
the Council.

Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19801
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 3 other UK Property Law Specialists are ready to help you

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