Do windows have to open in rented property? A safety guide

Whether new or experienced with property investment, navigating the rules and regulations is essential for keeping your tenants safe. One of the common questions both landlords and tenants have is: do windows have to open in rented property?

As with most things, it boils down to tenant safety. This comprehensive guide will address whether operable windows are a legal requirement. We’ll discuss the details of the Housing Health and Safety Rating System (HHSRS), including ventilation, natural light, and emergency escape routes.

The article will also discuss when window upgrades or repairs are necessary, what counts as a hazard, and how landlords can strike a balance between safety and cost-effectiveness when replacing or repairing faulty windows. So, do windows have to open in rented property? Let’s find out. 

Do windows have to open in rented property?

Landlords must familiarise themselves with the health and safety standards under the Housing Health and Safety Rating System (HHSRS) to determine whether to have open windows in rental properties.

While fixed and locked windows are not necessarily illegal, the issue usually stems from safety issues such as ventilation, natural light, and emergency escape routes. This guide will break down each of these points.

Ventilation

If the property, or a particular room within the property, depends on windows for ventilation and the landlord has sealed windows, then the landlord could be breaching HHSRS standards. In this case, windows do have to open in rented property.

Natural light

The HHSRS also notes natural light and highlights several health conditions caused by inadequate light. These include mental health problems, disturbance and eye strain. Fixed windows can provide light, but if the landlord has sealed windows completely, it might not be an adequate amount for the tenants.

If a landlord has sealed windows to cut costs or prevent draughts, they must ensure the property still meets light and ventilation requirements to avoid legal issues.

Emergency escape routes

When asking, do windows have to open in rented property, one of the most crucial aspects to consider is fire safety. If the windows are intended as an escape route, then the landlord must ensure the windows open.

When are window upgrades or repairs required?

The Landlord and Tenant Act 1985 requires landlords to maintain the property’s external features, including windows. If the window is smashed, damaged or unable to open, landlords are required to fix the issue as long as the tenant hasn’t broken it themselves deliberately. Here are problems to look out for when carrying out property inspections.

• Broken or stuck windows: If the window is designed to open but cannot open, it is the landlord’s responsibility to fix it. If not, then the landlord could be breaching HHSRS standards. 
• Sealed windows: If the tenant or landlord has sealed windows, the landlord must sort it out.
• Mould and damp issues: Signs of black mould or dampness around the window can indicate ventilation problems. This could mean the landlord is breaching HHSRS standards and needs to provide a solution. 

Unfortunately for landlords, window repairs can be quite expensive. It is important to have windows that open correctly for security, safety and health reasons. 

To help keep costs down, conduct regular inspections and small fixes before they develop into something more significant. Landlords should also have spare money for repairs and contact professionals for advice.

Conclusion: Do windows have to open in rented property?

Landlords should ensure that their property has at least one window that can open in all rooms. This ensures adequate ventilation, natural light, and safety for the tenant.

Safety features to consider

However, landlords need to be cautious about open windows. For security reasons, any windows on the ground floor or windows that are accessible without needing a ladder need to be fitted with locks or a restrictor.

Any open windows on the 1st floor or above must be fitted with window restrictors or locks. This is for child safety reasons. 

It’s also important to invest in landlord insurance to help protect your property. We have the expertise to find the best landlord insurance deals that are suitable for your needs as a landlord. Contact us today at 01788 818 670 for a quote, and don’t forget to visit our resource centre for more information on how to be a successful landlord.