Council hails tribunal ruling on improvement notice and affordable heating

The First-Tier Tribunal has upheld an improvement notice issued by Liverpool City Council over the heating system in place in a flat.

The local authority had served the notice over the flat in a 100-year-old converted property in Botanic Road, Wavertree.

The existing heating system consisted of panel convector heaters and a towel rail which operated on peak electrical tariff.

Liverpool’s notice required the installation of either a gas-fired central heating system, or modern fan-assisted storage heating system.

The property owner, Anwar Hadi Kassim, appealed to the FTT Property Chamber (Residential Property) against the notice.

The city council reported it had successfully argued that the panel convector heaters and electric towel rail were so expensive to run compared with a gas central heating system or modern fan assisted storage heating system it would mean that the likely occupiers of the flat would not be able afford to use them as required. This would have lead to the flat becoming unhealthily cold, it claimed.

Under the Housing Act 2004 local authorities are under a duty to take enforcement action where Category 1 hazards – those that present a severe threat to health or safety of a resident – are identified.

The FTT agreed with Liverpool that the current heating provision at the flat resulted in a Category 1 hazard for excess cold and confirmed the improvement notice and the works which were needed to remedy it.

Cllr Frank Hont, cabinet member for housing, said: “This is a very significant ruling. Fuel poverty is a real issue in the city and it has now been firmly established that landlords cannot rely on inefficient and expensive heating for tenants.  

“We want tenants in the private rented sector to be able to live in warm and safe accommodation and not have to have to choose between heating or eating.

“This decision will have nationwide repercussions and will be welcomed by tenants throughout the country.”