What are the risks of frozen pipes?

When temperatures drop in winter, the water in the pipes can freeze which also causes it to expand. This can potentially cause a split in the pipe or, if the pressure is too much, the pipe can burst.

Whether a pipe leaks or bursts, the home will be at risk of serious water damage or even flooding. If you are a landlord, this could result in a significant repair bill and the loss of rental income if your tenants have to move out while the repairs are carried out.

Is preventing frozen pipes the landlord’s or the tenant’s responsibility?

In practice, there is a shared responsibility between the landlord and their tenants when it comes to preventing the pipes from freezing in a rental property. From a legal standpoint, who is responsible for preventing frozen pipes is largely down to what is agreed upon in the tenancy agreement.

While tenants are likely to want to keep the property heated at a comfortable level which will also prevent the pipes from freezing, the increased cost of energy bills and the cost of living crisis may mean they are reluctant to use the heating. Also, should the tenants go away for an extended period over the winter, they will not want to pay for any heating they do not use.

While it is in the interest of both parties to ensure the pipes don’t freeze, as a landlord, it is only your tenant’s legal responsibility to do so if it is outlined in the tenancy agreement.

What are the tenants responsible for?

Under common law, tenants are under implied obligations to keep rental premises in a “tenant-like” manner, which may include taking measures to prevent pipes from freezing.

However, as stated above, tenants are generally only legally responsible for what they have agreed to in the tenancy agreement. Landlords should therefore consider including in their agreement some reasonable requests for the tenants to take action to prevent pipes from freezing in cold weather.

There are a few simple steps tenants can take to reduce the chances of the pipes freezing during cold periods, such as:

• Turning off the water mains at the stopcock when they are leaving the property for an extended period.
• Keeping the heating on at a minimum of 13 degrees while away to prevent the water temperature from dropping below freezing.
• Running the taps for an extended period on extremely cold days to ease pressure build-up in the pipes.
• Checking the boiler for any problems, and contacting the landlord promptly with any issues.

Even if you do not include these steps in the tenancy agreement, then it is good practice to share them with the tenants as following them will benefit both parties.

What is the landlord responsible for?

Section 11(1)(b) of the Landlord and Tenant Act 1985 states that landlords must “keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity”.

Therefore, as the owner of the property, the landlord is responsible for ensuring that the pipes, water supply and heating supply are in working order and in good condition. The landlord is also responsible for fixing any maintenance problems such as the pipes if they burst, and having the proper insurance to cover any such issues.

Many insurance providers will require that the landlord take adequate steps to prevent the pipes from freezing if the property will be unoccupied for over 30 days.

As a landlord, you may want to consider the following home improvements to limit the chance of your pipes freezing in the winter:

•  Carry out regular inspections on the property to check on the condition of the pipes and boiler.
•  Insulate the pipes with foam tubing, especially in the colder areas of the house, such as the loft, garage or basement, as well as any outside pipes.
• Fix any dripping taps.
• If the property is going to be empty long-term over winter, turn the water off at the stopcock and drain the system.
• Have the boiler serviced every year.
• Bleed radiators regularly so that they operate efficiently, or educate your tenants on how to perform this themselves.

If you have any further questions about landlord and tenant responsibilities, please contact our landlord and tenant team.

The content of this article is for information purposes only.  Whilst we try to ensure that it is accurate we do not warrant or guarantee that this is the case, nor do we accept any responsibility in the event that it is relied upon.  The information is not intended to be a substitute for legal advice which you are recommended to obtain.