Retrofit works: Can I make my landlord retrofit my council home?

The roll out of retrofit works is good news for social housing tenants who live in homes with poor energy efficiency, especially if you notice your home is very cold in the winter. Retrofitting can make your home warmer, less draughty, and in theory should significantly reduce your energy costs. But are you entitled to these often-major works?

What is retrofitting in social housing?

‘Retrofitting’ within the context of social housing is the process of improving the existing housing stock to make homes more energy efficient and sustainable. Social housing landlords are rolling out retrofit programmes in their commitment to comply with legislated carbon net-zero targets.

The UK’s housing stock consists mainly of relatively historic buildings, which have low thermal efficiency. The idea is that rather than relying on building new energy efficient homes to decarbonise, it is much more cost-effective and impactful to retrofit the existing housing stock by reducing the demand for heating and switching to cleaner energy sources.

What works and installations ‘retrofitting’ includes will vary depending on the approach your landlord decides to take, however common improvements may include: additional insulation (e.g wall, loft or underfloor), energy efficient heating and hot water systems, double-glazing, ventilation or even solar panels.

There are various grants and funding schemes that were or are now available to local authorities to carry out retrofit programmes such as the ‘Social Housing Decarbonisation Fund’ ,the ‘Green Homes Grant’ and ECO4Flex. Local authorities will then need to comply with any conditions of the grant which may impact what properties are eligible for retrofit works, and how retrofit works are carried out. A common mandatory condition of these grants is that the retrofit works must meet the PAS2035 (Publicly Available Specification 2035) retrofit standards.

The standards set out in PAS2035, ensure any retrofit works are carried out properly and avoid any unintended consequences of improving the thermal efficiency of a home such as damp, mould and condensation.

My home is freezing – can I ask my landlord to carry out retrofit works to my council home?

Whilst you can ask your landlord about any grants and plans to retrofit homes in your local area– it is important to note there is currently no legal obligation for your landlord to retrofit your home.

If, however, the thermal inefficiency of your home, due for example to a lack of adequate insulation, has led to  your home being excessively cold, or damp and mouldy,  or has in any other way created conditions that may be a real risk to your health and wellbeing, then you may be able to force your landlord to carry out improvements to upgrade the thermal inefficiency under the Homes (Fitness for Human Habitation) Act 2018.

If your landlord is found to be in breach of the Act and your home is deemed ‘unfit for human habitation’ then your landlord is legally obliged to conduct works that address the issues in your home and to ensure your home is fit for human habitation.

We cover the meaning of ‘unfit for human habitation’ in more detail in our blog on the Fitness for Human Habitation Act.

If thermal inefficiency is causing your home to be unfit for human habitation then there may be some overlap with the works your landlord will need to carry out and the measures usually carried out in retrofitting. The Guidance for Landlords and Property Related Professionals on the HHSRS outlines the below preventative measures that can be taken to reduce the likelihood and harm of excess cold.

• Appropriate levels of thermal insulation to minimise heat loss;
• Appropriate heating system safely and properly installed and maintained and controllable by occupant,
• Appropriate/properly installed/maintained occupant controllable low-level background ventilation
• Properly fitting butt-jointed floor boardings/doors/windows.

The specific works required to make your home ‘fit’ for human habitation will vary depending on your dwelling. An expert surveyor may be able to make specific recommendations. Nonetheless, the type of works potentially required are not dissimilar from the common measures we see included in retrofit works.

Where it is quicker and more cost-effective to do so due to the availability of a grant, your landlord may potentially want to explore including your home in retrofit works. This is something to consider with your landlord or solicitor, especially where retrofit works can successfully address fitness issues in your home. It is important to be aware that the aim of retrofit works is to improve the thermal efficiency of your home and may not necessarily include works that address any other ways your property may be unfit for human habitation.

Therefore, in summary, no – you cannot make your social housing landlord retrofit your home. However, if you think the thermal inefficiency of your home may be making your property unfit for human habitation, then your landlord may be obligated to carry out improvements to address this. Decarbonisation grants however provide landlords with another option to address issues in your home by way of including your home in retrofit schemes.

If you think your home is unfit for human habitation and your landlord has refused to make the necessary repairs or address the problem, you should seek legal advice at your earliest convenience. There are many charitable organisations, such as Shelter and Citizen’s Advice, who can offer support and general guidance. However, if you wish to bring a legal claim against your landlord to force them to carry out works and pay you compensation, you will need to speak to a solicitor or trusted legal professional. If would like to speak with a solicitor at Anthony Gold, please call on 020 7940 4060.