Windows in rented house will not open

AlisonHarrison

My nephew and his friends have rented a house during their second year at university. The house is probably turn of the century and the windows, over the years have been painted and painted until now they will not open. My sister thinks that this is a fire hazard.
Can my newphew and his friends force the landlord to have the windows unblocked (ie stripped and repained) so that the windows will open?

agrinnall

Even if they could force the issue what are the chances that a bunch of students will want to be bothered with the hassle when they could be in the pub? I know I'd be concerned about such things now but when I was in a student house it wouldn't even have been at the bottom of my priority list (mind you, my room was next to the front door so I'd have been OK anyway).

PS I'm sure a chair through the window will do the job in an emergency.

theartfullodger

Clearly a danger. As a Landlord I always want to ensure tenants can get out easily (eg thumbturns on inside of front door not requiring keys to be found in smoke & fire...)

Suggest a calm & polite letter to landlord & agent (and get LL real address from agent if ain't got it already..), keep copy, asking for their action plan within 5 days..

If no sensible response then contact University accommodation office (or similar name) - who may already "know about" this gentleman..

Also then contact local council Environmental Health dept.

Is the property a HMO (are there more than 2 unrelated tenants??) and does it need/have a license??

Is this in Engerland??

Cheers! Artful

PS Agrinnal - you'll be aware that some of the more recent Scottish legislation on lettings stemmed from a dreadful & tragic case involving fire and students (and why HMOs in Scotland need licenses even if 3 unrelated students in a Bungalow in Strontian, with all the alarms, inspections, notices & fire doors etc). Not a subject for levity I'd suggest.. Shame, my experience of the Highlands is of decent people with a sense of caring.. are you sure you are up there??

AlisonHarrison

The answer, sadly, appears to be no. You cannot force him to do anything.
http://www.landlordzone.co.uk/forums/showthread.php?30584-Windows-in-a-property

theartfullodger

Disagree: If you look up HHSRS (See..

http://www.communities.gov.uk/publications/housing/hhsrsoperatingguidance

)

And look on page 153 ..

24.22 The dwelling design, construction and condition should limit the chances of carelessness causing a fire, limit the spread of a fire, howsoever caused, and provide safe and ready means of escape.

&

24.28 There should be adequate, appropriate and safe means of escape in case of fire from all parts of the dwelling. There should be primary means of fighting fire, such as fire blanket and extinguishers.

& next page

24.29 For any form of multi-occupied buildings, there should be adequate fire protection to the means of escape and between each unit of accommodation, appropriate fire detection and alarm system(s), and, as appropriate, emergency lighting, sprinkler systems or other fire fighting equipment.

& p 155

24.32 Matters relevant to the severity of the outcome include:
a) Smoke/heat detectors – lack of or defective smoke and/or heat detectors with alarms or of a detection and alarm system.
b) Means of escape – inadequate safe means of escape in case of fire.

Think this will be a game of persuasion: The Landlord will really really not want to be investigated by the local council.. So pointing out he needs to provide easy means of escape and you'd really prefer not to have to bother local council "Environmental Health" and request council do a full HHSRS survey.. may likely "encourage" LL to do something sensible,,,

I'd guess options would be ensure good smoke and CO alarms, fire extinguishers and emergency lighting and/or enabling some windows to open.

Have to say any LL who doesn't allow tenants, particularly students, to easily ventilate their rooms is barking (mould, drying clothes, etc etc..)

Think I'd invite the local fire brigade round for a "risk assessment". These are very good value, usually free, and suspect Fire Chief will take a dim view re. windows,,

Cheers!

Artful (Landlord)

PS Oh, and re ventilation...

P 37..

A2 Generally, the landlord (or owner) is responsible for the provision, state and proper
working order of the following:
(a) the exterior and structural elements of the dwelling; and
(b) the installations within and associated with the dwelling for:
i the supply and use of water, gas and electricity;
ii personal hygiene, sanitation and drainage;
iii food safety;
iv ventilation;

agrinnall

theartfullodger wrote: »

PS Agrinnal - you'll be aware that some of the more recent Scottish legislation on lettings stemmed from a dreadful & tragic case involving fire and students (and why HMOs in Scotland need licenses even if 3 unrelated students in a Bungalow in Strontian, with all the alarms, inspections, notices & fire doors etc). Not a subject for levity I'd suggest.. Shame, my experience of the Highlands is of decent people with a sense of caring.. are you sure you are up there??

Dear Artful, you are of course entitled to your opinion, I was simply pointing out that the tenants, who are the only people with a contractual relationship with the landlord, may well not want to take this on. If they aren't then maybe the OP's sister can report the LL to the council herself. When I was a LL (not a HMO) my windows would open fully and I made sure a smoke alarm was fitted. And yes, I do live in the Highlands, but I'm English so maybe that's why I'm so diabolical.

theartfullodger

Do you go to the Highland SaL meetings??

red40

As well as artfuls excellent post, which provides enough information to get the windows sorted. I am also assuming as you said son and friends, which would lead me to believe there was at least 3 sharing the house, the property could possibly be a HMO. If this is the case I would also direct you to SI372 : The Management of Houses in Multiple Occupation (England) Regulations 2006, Regulation 8.

http://www.legislation.gov.uk/uksi/2006/372/regulation/8/made

agrinnall

theartfullodger wrote: »

Do you go to the Highland SaL meetings??

No, I'm not a LL any more, and the property was in Edinburgh (although I was living in the Highlands when it was let).

Road_Hog

theartfullodger wrote: »

Think this will be a game of persuasion: The Landlord will really really not want to be investigated by the local council..

My advice (as a landlord) is do not threaten your landlord with the council. The local council got involved with me and my tenants, I'm not sure whether the tenants contacted them or some how the council got involved because they're claiming child benefit.

This snotty git from the council (and his sidekick) started telling what I was going to do, I hauled him outside (didn't want to mention it in front of the tenants) and told him that he best get inside and tell the tenants why they were going to be living in a bedsit in two month's time unless he had somewhere to put them (they'd ((my tenants)) already turned down two council properties because they didn't like them).

That said, I'd make bloody sure that there were adequate fire exits on any property I owned. Doubled glazed units with decent sized openers upstairs and downstairs, plus hopefully a flat roof (garage or kitchen) to be able to step out on to and then jump down to the ground.

I'm sure if someone died in a fire, you could be held for manslaughter, not that that should be the overriding concern, mainly I wouldn't want it on my conscience..

johnbusby

Road_Hog wrote: »

My advice (as a landlord) is do not threaten your landlord with the council. The local council got involved with me and my tenants, I'm not sure whether the tenants contacted them or some how the council got involved because they're claiming child benefit.

Presemably if you were a decent LL and followed the legislation you would have nothing to fear from a council inspection?