THE PROPERTY FILTER TAKE
Councils in England can now issue fines of up to £7,000 per hazard under the Renters' Rights Act (in force from 22 June 2026), with overheating explicitly within scope as a Category 1 HHSRS hazard.
With Section 21 abolished, tenants have every reason to report ventilation failures - landlords who ignore complaints now face both the fine and a formal HHSRS inspection they cannot easily deflect.
You may wish to speak to a suitably qualified surveyor to review ventilation compliance across your properties before complaints arrive, particularly if you hold HMO licences where window and extractor fan conditions are almost always specified.
Landlords in England face fines of up to £7,000 per overheating hazard after councils gained new enforcement powers on 22 June 2026 under the Renters' Rights Act. Excessive heat is a recognised hazard under the HHSRS (Housing Health and Safety Rating System), and with temperatures rising through summer, the risk is live.
What the fine covers
The fine applies to hazards at the most serious level - Category 1 - across 21 hazard types assessed under the HHSRS. The Ministry of Housing, Communities and Local Government confirmed this in a press release on 21 June 2026. Overheating falls within that list.
The HHSRS was also updated for the first time in 20 years on 23 June 2026. The revision reduced the original 29 hazard categories to 21 by amalgamating those with statistically similar outcomes. The revised regulations are published as UK Statutory Instrument 2026/571.
Around 10% of private rented homes in England are estimated to carry at least one Category 1 hazard, according to the Ministry of Housing, Communities and Local Government (June 2026). The £7,000 penalty sits alongside councils' existing powers to force repairs and recover the cost from landlords who fail to act.
The fine applies in England. Separate regulatory frameworks cover Scotland, Wales and Northern Ireland.
The overheating test: ventilation, not temperature
There is no legal maximum indoor temperature for rented homes in England. The test is not a specific number of degrees but whether overheating creates a genuine health and safety risk.
Jack Malnick, co-founder of Landlord Resource, put it plainly: "A property can be considered unsafe if overheating creates a health risk. It's not a question of a set temperature to breach, but whether the overheating is severe enough to become a health and safety hazard or make the property unfit."
Landlords are not required to install air conditioning or supply fans. They are, however, responsible for adequate ventilation. Stuck windows, broken extractor fans, faulty blinds and structural defects affecting airflow can all fall within the HHSRS framework if they contribute to a serious overheating hazard.
If you hold an HMO (house in multiple occupation) licence, your council's licence conditions are the first reference point. Most licensing authorities specify that windows in habitable rooms must open and that extractor fans must be in working order. A ventilation fault that looks minor in a single-let property can breach HMO licence conditions. That breach can then trigger both a licence review and a formal HHSRS inspection. Our HMO valuation calculator lets you model how compliance costs affect your yield position.
How Section 21 abolition changes the dynamic
Tenants who raise overheating concerns can escalate to their local council's environmental health team, or request a formal HHSRS inspection if the landlord fails to respond.
Previously, landlords could serve a Section 21 (no-fault eviction) notice in response to a complaint. That option is gone. Malnick was direct: "Landlords can't simply ignore repair requests anymore. Due to the new no-fault evictions rule, landlords cannot simply serve a notice due to a complaint."
Tenants in poorly ventilated properties now have every reason to complain and little reason not to. Housing Secretary Steve Reed wrote to English council mayors on 22 June 2026, explicitly urging them to use all enforcement powers available.
Building a summer ventilation check into your annual compliance routine is worth considering. Our business and systems blog covers how to structure inspection processes ahead of regulatory change. For a broader view of how the Renters' Rights Act is reshaping returns across England, our property investment strategies blog and free resources hub are useful starting points.
Key takeaways
Councils in England can fine landlords up to £7,000 per hazard under the Renters' Rights Act, in force from 22 June 2026.
Overheating is one of 21 Category 1 hazards under the revised HHSRS (UK Statutory Instrument 2026/571, in force 23 June 2026).
Around 10% of private rented homes in England carry at least one Category 1 hazard (Ministry of Housing, Communities and Local Government, June 2026).
There is no legal maximum indoor temperature - the test is whether overheating creates a genuine health risk.
Broken extractor fans, stuck windows and poor airflow are the most likely compliance triggers for landlords.
Landlords in England face fines of up to £7,000 per overheating hazard after councils gained new enforcement powers on 22 June 2026 under the Renters' Rights Act. Excessive heat is a recognised hazard under the HHSRS (Housing Health and Safety Rating System), and with temperatures rising through summer, the risk is live.
What the fine covers
The fine applies to hazards at the most serious level - Category 1 - across 21 hazard types assessed under the HHSRS. The Ministry of Housing, Communities and Local Government confirmed this in a press release on 21 June 2026. Overheating falls within that list.
The HHSRS was also updated for the first time in 20 years on 23 June 2026. The revision reduced the original 29 hazard categories to 21 by amalgamating those with statistically similar outcomes. The revised regulations are published as UK Statutory Instrument 2026/571.
Around 10% of private rented homes in England are estimated to carry at least one Category 1 hazard, according to the Ministry of Housing, Communities and Local Government (June 2026). The £7,000 penalty sits alongside councils' existing powers to force repairs and recover the cost from landlords who fail to act.
The fine applies in England. Separate regulatory frameworks cover Scotland, Wales and Northern Ireland.
The overheating test: ventilation, not temperature
There is no legal maximum indoor temperature for rented homes in England. The test is not a specific number of degrees but whether overheating creates a genuine health and safety risk.
Jack Malnick, co-founder of Landlord Resource, put it plainly: "A property can be considered unsafe if overheating creates a health risk. It's not a question of a set temperature to breach, but whether the overheating is severe enough to become a health and safety hazard or make the property unfit."
Landlords are not required to install air conditioning or supply fans. They are, however, responsible for adequate ventilation. Stuck windows, broken extractor fans, faulty blinds and structural defects affecting airflow can all fall within the HHSRS framework if they contribute to a serious overheating hazard.
If you hold an HMO (house in multiple occupation) licence, your council's licence conditions are the first reference point. Most licensing authorities specify that windows in habitable rooms must open and that extractor fans must be in working order. A ventilation fault that looks minor in a single-let property can breach HMO licence conditions. That breach can then trigger both a licence review and a formal HHSRS inspection. Our HMO valuation calculator lets you model how compliance costs affect your yield position.
How Section 21 abolition changes the dynamic
Tenants who raise overheating concerns can escalate to their local council's environmental health team, or request a formal HHSRS inspection if the landlord fails to respond.
Previously, landlords could serve a Section 21 (no-fault eviction) notice in response to a complaint. That option is gone. Malnick was direct: "Landlords can't simply ignore repair requests anymore. Due to the new no-fault evictions rule, landlords cannot simply serve a notice due to a complaint."
Tenants in poorly ventilated properties now have every reason to complain and little reason not to. Housing Secretary Steve Reed wrote to English council mayors on 22 June 2026, explicitly urging them to use all enforcement powers available.
Building a summer ventilation check into your annual compliance routine is worth considering. Our business and systems blog covers how to structure inspection processes ahead of regulatory change. For a broader view of how the Renters' Rights Act is reshaping returns across England, our property investment strategies blog and free resources hub are useful starting points.
Key takeaways
Councils in England can fine landlords up to £7,000 per hazard under the Renters' Rights Act, in force from 22 June 2026.
Overheating is one of 21 Category 1 hazards under the revised HHSRS (UK Statutory Instrument 2026/571, in force 23 June 2026).
Around 10% of private rented homes in England carry at least one Category 1 hazard (Ministry of Housing, Communities and Local Government, June 2026).
There is no legal maximum indoor temperature - the test is whether overheating creates a genuine health risk.
Broken extractor fans, stuck windows and poor airflow are the most likely compliance triggers for landlords.
Frequently asked questions
Frequently asked questions
Is there a legal maximum temperature for rented homes in England?
Do landlords have to install air conditioning?
What happens if a tenant complains about overheating?
