Excessive Cold and Poor Insulation: Landlord Responsibility
Driscoll Kingston & Co Limited · 1 August 2026 · 8 min read
What can cause an excess-cold hazard?
Inadequate heating, failed controls, broken windows, severe draughts, damp fabric, missing insulation and thermal bridging can interact. A low EPC may support investigation but does not by itself prove a legal claim.
How should tenants record cold conditions?
Keep room-temperature readings at consistent times, heating settings, meter data, bills, photographs of defects and repair reports. Note household vulnerability and any medical advice. Do not stop heating purely to create lower readings.
Must a landlord upgrade insulation?
Responsibility depends on fitness, hazard and energy-efficiency rules, the tenancy and available exemptions. A landlord may need repairs or improvements where the home cannot be reasonably heated safely, but there is no universal right to every modern insulation measure.
Can the council inspect?
Yes. Excess cold is an HHSRS hazard. The local authority can assess likelihood and severity, heating costs, insulation and the needs of the vulnerable age group used by the rating system.
What compensation may be relevant?
Potential heads include loss of amenity, reasonable extra heating costs, damaged belongings and medically proven injury. Avoid double counting; read the extra energy-cost guide.
Does Awaab's Law cover excess cold?
Excess cold is one of the hazards added to Awaab's Law by Phase 2, which starts on 30 November 2026, where it presents a significant risk of harm. For significant hazards the guidance sets 10 working days to investigate and 5 working days to make safe once the investigation concludes; emergency hazards need action within 24 hours. Phase 2 applies to registered providers of social housing in England, not to private landlords, and existing repair, fitness and council-enforcement duties apply now. Source: GOV.UK, Awaab's Law Phase 2 guidance for social landlords. Read the Awaab's Law deadlines guide. Excess heat is covered separately: see overheating and landlord responsibility.
This article provides general legal information only. It does not constitute legal advice on any specific case. Awaab's Law Claims Specialists is a trading name of Driscoll Kingston & Co Limited, authorised and regulated by the Solicitors Regulation Authority (SRA No. 839699).