The heating conundrum – can you box off your thermostat?
Tweet |
Wed 13 Nov 2019

An unexpected story was recently trending as number one on BBC News’ most read list of articles. Normally, Brexit-related stories or major news events of the day hit top place, but on November 5 2019 this title was catching people’s attention more than any other: “Can my landlord lock my thermostat in a box?”
Here, we take a closer look at the story in question, where landlords and tenants stand when it comes to heating, and how you can remain compliant as the cold winter months and festive season roll around.
What was the story?
When the hot water went off in tenant Alex Milsom's shared house, he – like many modern renters – turned to WhatsApp to discuss the problem with his housemates. In the group chat, one person replied: "It's because there’s a cage on the thermostat."
“I said I would put the water back on, but obviously I couldn’t get past the new lock box,” Milsom told the BBC.
Milsom’s landlady had visited the property to install a clear thermostat cover over the Google Nest thermostat, which can control heating and hot water.
"We have no idea what the temperature is,” Milsom said. “The Nest screen only lights up when you stand up close to it, but the box has stopped that from working and we can't see the number.”
According to experts, heating in residential properties should be controllable by the occupants, but a landlord could choose to cover the thermostat if the tenancy is a bills-included package and you are paying the heating costs.
Milsom shared his story on Twitter, it went viral and prompted queries over the legality of the move.
While his post received supportive tweets from fellow tenants, some landlords waded into the debate by saying the move could be understandable in a situation where renters are being careless with the heating.
Is it legal for a landlord to box off a thermostat?
David Smith, policy director for trade body the Residential Landlords Association (RLA), states there are no rules preventing the boxing off of thermostats.
However, he added that it’s a matter of good tenancy management and said the RLA encourage landlords to speak first with tenants before taking such drastic action.
“In shared homes there can often be disputes between tenants who want the thermostat set at different temperatures,” he said.
The issue, however, is not clear-cut, with Daniel Fitzpatrick – a partner at Hodge Jones & Allen solicitors – saying every tenant has the right to heating and hot water. Nonetheless, whether a landlord can box off a thermostat depends on the terms of the tenancy agreement; in other words, it needs to be made clear in the document that this action could be taken if, for example, tenants were to become careless with the heating.
This could be tenants having the heating on all day and night, at high levels, or turning it on and off on a far too frequent basis.
“If the tenant is just paying a basic agreement where bills are not included, that could be why the landlord installed the fitting - usually thermostats can be covered,” Fitzpatrick said.
“Should that not be the case, then there could be various actions against the landlord. It's a basic right to be able to turn on heating and hot water, and it would be a breach of health and safety if the tenant could not.”
Typically, homes in the UK are heated with a boiler and radiators, with controls such as boiler or room thermostats/timers
According to the Chartered Institute of Environmental Health, tenants should have control of the temperature in a dwelling.
Keeping homes habitable
In Scotland, a property is required to meet the ‘Repairing Standard’ which relates to it being wind and watertight.
This legislation also requires utilities to be in a ‘reasonable state of repair’, with any repairs carried out according to the ‘Tolerable Standard’.
To meet the ‘Repairing Standard’, a privately rented property in Scotland must make sure installations for supplying water, gas and electricity and for sanitation, space heating and heating are in a reasonable state of repair and in proper working order before and during a tenancy.
The Repairing Standard – part of the Housing (Scotland) Act 2006 – legally and contractually obliges Scottish private landlords to ensure that a property meets a minimum physical standard.
As such, landlords must carry out a pre-tenancy check of their rental property to identify work required to meet the Repairing Standard and notify tenants of any such work. Additionally, landlords have a duty to repair and maintain their property from the tenancy start date and throughout the tenancy. Once aware of a defect, issue or possible repair job, landlords are required to complete the ‘work within a reasonable time’.
Cold temperatures, of course, could represent a hazard and could lead to your home being below the required standard. Guidance suggests that the risks of adverse health effects occur when indoor temperatures fall below 19C, with serious health risks arising below 16C, so heating is something you need to take seriously as a landlord, especially in the colder months.
What if there is a dispute with your tenant over heating?
It’s hard to know for sure how widespread the practice of covering thermostats is, and will often come down to the individual preference of each landlord, but if you do decide to install a cage in your rental homes and your tenants are unhappy with this, what should you do?
According to Citizens Advice, it’s always better for landlords to ‘negotiate amicably’ if at all possible.
To avoid a row escalating, or disputes from occurring, it’s always better to work with your letting agent and your tenants to ensure everyone is on the same page in a tenancy. If you want to install a cage on your thermostat, make sure you explain this decision clearly and plainly to your tenants and ensure it is written in any tenancy agreement that you and they sign.
One possible way around the above being a problem is to take a bills-excluded approach. That way it’s down to the tenants to pay for the heating they use, rather than you as the landlord.
Here at Letting Solutions, West Lothian’s first dedicated lettings agency, we can help you to manage all aspects of your tenancies, including heating. We use our knowledge and expertise to guide you through the letting process.
For more information about our services, please get in touch on 01506 496 006. We also offer free and instant online valuations to give you an idea of how much you could be charging in rent each month.
News Archive
March 2022
Rental yields – everything Scottish landlords need to know
Landlord Tips – how to stage your property to attract tenants
Landlords - how to attract tenants this spring
February 2022
A New Deal for Tenants – what are the Scottish Government’s plans all about?
January 2022
New fire safety regulations introduced – what do landlords need to know?
How to maintain your rental property this winter – the top tips
December 2021
Landlords – what are the top 7 most vital factors to consider before letting a property out?
Landlords – why you should list your property before the Christmas period
November 2021
What should landlords do about empty properties over Christmas?
Optimism on the rise – are the good times back for landlords?
October 2021
Electrical Standards - what Scottish landlords will need to know and do from next year
Scottish government announces grant for tenants in rent arrears - what do landlords need to know?
September 2021
Rent controls in Scotland – what do we know?
August 2021
Landlords - why summer is a great time to let a property
July 2021
Revealed - why landlords need to be aware of lighting changes
May 2021
Why it’s still a great time to be a landlord in Scotland
Housing to 2040 – what does it mean for landlords?
April 2021
Energy efficiency in private rented housing – when will the changes occur?
March 2021
Landlords – eight common mistakes to avoid in 2021
Landlords – four ways to improve your property this spring
February 2021
Landlords – why good broadband can help make your home more valuable
January 2021
Covid update – Scotland goes into a full lockdown, what do you need to know?
November 2020
Update – rents in West Lothian have increased above the rate of inflation since 2010
Covid-19 FAQs for landlords – what can and can’t you currently do?
Landlords – here are some top tips to reduce rent arrears
October 2020
The latest Covid-19 restrictions in Scotland and what they mean for landlords
September 2020
How to be a good landlord in 2020
News roundup – landlords call for direct government help plus short-term let regulation
August 2020
Revealed – what is the current Covid-19 advice for landlords in Scotland?
July 2020
How can landlords make a rented property feel like a home?
A potential saving for landlords? Scottish government announces cut to LBTT
June 2020
Landlord news update - Bill proposing cap on rent rises is abandoned
Landlords – dealing with tenants during the lockdown
May 2020
News roundup – Scotland home to UK’s highest yields and BTR growth north of the border
Preparing your rental property for a viewing – the top tips
April 2020
Buy-to-let mortgage holidays – what do landlords need to know?
March 2020
Landlords – here’s how to create the perfect rental property for tenants
Three ways to improve your rental property
January 2020
Deposit research and huge landlord fine highlight importance of compliance
How to renovate a rental property on a budget
December 2019
Property price update – why West Lothian is the perfect location for landlords
Landlords – here’s why you should have faith in the Scottish market
November 2019
Boost for landlords as tenant sentiment remains high
The heating conundrum – can you box off your thermostat?
October 2019
Rental trends – what are tenants looking for in a property?
How to be a responsible landlord
August 2019
Where are Scotland’s overseas investors from?
Tenancy deposit protection – how can landlords remain compliant?
HMRC clampdown on underpaid tax – what do landlords need to know?
June 2019
What do renters want from their property? Top 10 features revealed
What do landlords need to do before tenants move in?
May 2019
Landlord insurance and home insurance - what are the key differences?
The Latest on the property market and Brexit
A guide to getting a mortgage with bad credit
March 2019
How to keep condensation to a minimum in your rental properties
February 2019
Why Scotland remains an ideal buy-to-let hotspot for investors
January 2019
Plans to raise rate of additional dwelling tax – what does this mean for landlords?
Tenant immigration checks – could they be introduced in Scotland?
December 2018
2019 – what do landlords need to look out for?
Landlords - is your letting agency part of the Register of Letting Agents?
November 2018
Strong yields and growing property prices boost Scotland’s landlords
Buy-to-let mortgages – what do landlords need to know?
How to make your rental property suitable for families
October 2018
Why landlords need to work with a compliant letting agent
Scottish landlords and tenants show poor awareness of key deposit rules
September 2018
Why you need to pay attention to inventories
First-time landlord? Here’s what you need to know
August 2018
Why it’s important to respond quickly to repairs requests
Why is tenant referencing so important?
July 2018
Landlords - how can you boost the security of your rental properties?
Post navigation How to attract long-term tenants to your rental property
What do landlords need to do to be successful in 2018?
Post navigation New rules for Scottish letting agents: what do landlords need to know?
Post navigation What turns tenants off when viewing a rental property?
Here is why effective marketing is vital when letting your home
Post navigation Dates for a landlords diary in 2018
Post navigation Landlords: here is some reasons why tenants do not get their deposits back
The rise of lifetime renting – why is this good news for landlords?
June 2018
The importance of good transport links to tenants
View older stories >