Can I force my landlord to fix the heating and damp in my flat?

The situation

I am living in a small two-bedroom flat in Manchester, England, and things have become quite difficult over the last three months. Since the beginning of November, the heating system in my kitchen and living room has been completely unreliable. Even when I turn the radiators up to the maximum setting, the temperature in the rooms rarely rises above 14 degrees Celsius, which makes it incredibly hard to stay warm during the winter nights. To make matters worse, because the flat is so cold and the insulation seems poor, thick black mould has started growing on the walls in the bedroom and near the window frames. I first noticed it about six weeks ago, and it has spread quite quickly now. I have sent three separate emails to my landlord and even called the letting agent twice to ask for a repairman to look at the boiler and the damp issue, but they just keep telling me they are 'looking into it' without actually sending anyone round. I have already tried cleaning the mould with specialist spray, but it just comes back a few days later. I am unsure if there are specific official standards that my home must meet regarding temperature and repair, and if so, how I can get the council to step in and make them do something about it.

Detailed Analysis

Under the Housing Act 2004, the government can set specific requirements for residential properties. These requirements include "the means of keeping the premises at a suitable temperature"^[1]. Because your kitchen and living room temperatures are staying at 14 degrees Celsius despite your efforts, your landlord may be failing to meet these standards. Additionally, the law allows for requirements regarding "the state of repair of the premises"^[1]. The thick black mould growing in your bedroom and near the windows falls under these repair and comfort standards.

If these issues are serious enough to be classified as hazards, your local council (the local housing authority) has significant powers. The law provides a "new system for assessing the condition of residential premises". This system works by identifying specific hazards in your home. If the council finds a "category 1 hazard" (a very serious risk to health or safety), they have a duty to take enforcement action^[2].

Specifically, if the council is satisfied a category 1 hazard exists, they can issue an "improvement notice"^[2]. This is a formal legal document that requires the landlord to take specific "remedial action"—which means "action (whether in the form of carrying out works or otherwise), which, in the opinion of the local housing authority, will remove or reduce the hazard"^[2]. If the issues are less severe but still problematic, they may be treated as category 2 hazards, which also allows the council to take enforcement action, such as issuing hazard awareness notices.

It is currently uncertain whether the council will classify your specific temperature levels and mould growth as a Category 1 or Category 2 hazard, as this depends on their professional assessment of the risk to your health.

Statutory Citations

Related Questions

• Can the council stop my landlord from letting out my flat if it has damp and mould?
• Is my landlord responsible for the fire escape in my flat?
• Does my landlord need a special licence for my flat in this area?
• Who is actually responsible for my flat's safety if my landlord uses an agent?
• What must my landlord's official repair notice actually include?