Liverpool City Council has won a landmark tribunal ruling which could see heating costs cut for private tenants.The decision by the President of the Upper Tribunal (Lands Chamber) (UTLC) means that heating systems provided in private rented properties should be economical to run, if occupiers are to be adequately protected from the harmful effects of cold.
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The case arose following a previous hearing at a Residential Property Tribunal (RPT) where that tribunal had found that a heating system provided by a private landlord in Liverpool was satisfactory despite the fact that it is expensive compared to other heating systems.
The RPT concluded that the running cost of the heating system was not a matter that the council’s environmental health officers should consider when requesting heating systems to be installed in private rented properties.
Landlord Anwar Hadi Kassim had ignored the advice of environmental health officers and installed electric panel heaters on standard tariff electricity at his pre-1920, poorly insulated property in Botanic Road, Liverpool 7. He appealed against the action taken by the council to the RPT, which found in his favour.
The council appealed to the UTLC. It pointed out that for a two bedroom house, heating and hot water via electric panel heaters on standard tariff would cost on average £1826 per year. With modern fan assisted storage radiators on Economy 7 tariff, the cost would be £896 per year and with a modern gas central heating system the cost would be £623.
The UTLC concluded that the RPT were in error in their determination that the running costs of a heating system is an irrelevant factor in assessing “excess cold” under the Housing Act 2004. The UTLC has ordered the case back to the RPT for them to reconsider.
Unlike the decision of the RPT, the decision of the UTLC is legally binding and sets a national precedent.
Councillor Ann O’Byrne, cabinet member for housing and community safety , said: “This is fantastic news. It is wrong for private landlords to get away with installing heating systems that are cheap for them but are exorbitant for their tenants to use and stay warm. Fuel poverty is a major issue here in Liverpool as well as nationally and this decision will benefit every private tenant.”
Further Information
Upper Tribunal (Lands Chamber) Case Number: HA/3/2011 PDF is available here.
British Standards on Domestic Heating Systems
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