Responsibilities of a tenant in cold weather

diystarter7

Hello
Reading threads re frozen pipes etc it made me think

We rented a house to a family about 2 years ago. I think they are going away over Christmas back to their homeland in the EU for 2 weeks.
If we had adverse, very cold weather, though pipes are insulated,  do T's have to leae the heating on at auto ie so it comes on every day or night for a few hours just to give it the slight edge and keep pips from freezing or does the lagging  not require this?
We have removed the water tank from loft but a couple of pipes run along them to access the bathroom and ensuite.

I will email my LA and ask but closed to non urgent calls/etc.
Thanks

NB: Title edited to read better ie from responsibility to responsibilities.

diystarter7

Btw, it would be interesting to know what T's do in rentals if they go away even for 24 hours in very cold weather.

In the place we live, if we go away even for most of the day in very cold weather we leav the heating on a lower heat and if we go away for more than a day, we leave the heating on 24/7 on low and if weather not going to be very cold for more than a day or two, then heating comes on and off during the day when we are not there.

The last thing anyone wants is burst pipes.

Many thanks in advance if you are able to help. (I will email my LA tomorrow and see what they say if people can't help here or just to confirm)

Section62

diystarter7 said:

Reading threads re frozen pipes etc it made me think

We rented a house to a family about 2 years ago. I think they are going away over Christmas back to their homeland in the EU for 2 weeks.
If we had adverse, very cold weather, though pipes are insulated,  do T's have to leae the heating on at auto ie so it comes on every day or night for a few hours just to give it the slight edge and keep pips from freezing or does the lagging  not require this?
We have removed the water tank from loft but a couple of pipes run along them to access the bathroom and ensuite.

I will email my LA and ask but closed to non urgent calls/etc.

Interesting question, but haven't you answered it yourself yesterday by agreeing with another poster on a different thread that it was none of the landlord's business what the tenant does in their home?

If they want to leave the heating switched off while they go on holiday, that's their business. Surely?

And if they do leave it off, how will you know - bearing in mind you can't go round to check up on them?

On the other hand, if they leave the heating off and pipes freeze causing damage to the property then you would probably have a reasonable expectation they should pay for the repairs?

user1977

Yes, I would regard this as implicitly the sort of behaviour expected from tenants, though it would probably help to give them specific instructions if you expect them to e.g. leave the thermostat set at least x degrees.

diystarter7

user1977 said:

Yes, I would regard this as implicitly the sort of behaviour expected from tenants, though it would probably help to give them specific instructions if you expect them to e.g. leave the thermostat set at least x degrees.

Certainly going to email LA tomorrow
and ask them if they have done that.
However, what one expects and gets are two different stories but at least if it is there written in black and white, then they have no excuse for not knowing, etc.

Keep_pedalling

I am sure you don’t want to return to find all your possessions destroyed by a burst pipe, so leave it on but turn the thermostats down to 10 degrees. You insurance would almost certainly not pay out for any flood damage due to a frozen pipe.   

diystarter7

Keep_pedalling said:

I am sure you don’t want to return to find all your possessions destroyed by a burst pipe, so leave it on but turn the thermostats down to 10 degrees. You insurance would almost certainly not pay out for any flood damage due to a frozen pipe.   

Indeed I don't but as per my OP, the thread is seeking clarification re tenants obligations.

propertyrental

Tenants have an implied obligation, confirmed by the courts, to act 'in a tenant-like manner'.

Owner -occupiers leave their heating on low, and most buildings insurance policies require them to do so.

I don't think there is any doubt that taking reasonale precaurions against frost damage is acting in a 'tenant-like manner'. And conversely failing to do so is not 'acting in a 'tenant-like manner'.

However, having a clause in the TA is wise, and/or sending them guidance, for the avoidance of doubt.

https://www.orchards.co.uk/news/acting-in-a-tenant-like-manner-the-tenants-responsibilities-around-repairs

jonnydeppiwish!

I think you’ve hit the nail on the head - it’s normally a requirement of building insurance to leave it in at 10 degrees. The issue is the tenants done take out building’s insurance, the landlord does.
I think the LL should ensure that pipes are adequately insulated especially if good roofing insulation prevent much heat loss from the room below…….

user1977

Also the landlord is likely to know the property (and any past problems) better than the tenants. If it's, say, the sort of house where much of the plumbing is in poorly-insulated extensions out the back, keeping the front of the house cosy might not be sufficient.

Section62

propertyrental said:

Tenants have an implied obligation, confirmed by the courts, to act 'in a tenant-like manner'.

Owner -occupiers leave their heating on low, and most buildings insurance policies require them to do so.

I don't think there is any doubt that taking reasonale precaurions against frost damage is acting in a 'tenant-like manner'. And conversely failing to do so is not 'acting in a 'tenant-like manner'.

However, having a clause in the TA is wise, and/or sending them guidance, for the avoidance of doubt.

https://www.orchards.co.uk/news/acting-in-a-tenant-like-manner-the-tenants-responsibilities-around-repairs

I don't disagree with what you've said (I agree with it 100%), but in the context of the OP's question, isn't your answer reflecting what a court would take into account after damage had been done to the property and the landlord was claiming for it, rather than what a tenant has to do?

In a like manner, whilst my home insurance policy probably has a clause saying my home has to be heated to a minimum level, my insurer cannot compel me to turn the heating on, they can only decline a claim (or possibly refuse to renew the policy) if I decide to leave the heating off?

I think it is an important point - because in the OP's position they cannot make the tenant put the heating on, nor can they go and check at random times that the heating is at the requested temperature.  All they can do is as part of a financial claim against the tenant, to show (relying on case law) that the tenant hasn't acted 'in a tenant-like manner' in turning the heating off which allowed the pipes to freeze and do damage to the property.

It would be simpler and cheaper for the landlord to spend some money on improving the insulation of the pipes.