Electric heaters are a popular choice for supplementary heating in residential properties due to their convenience, portability, and relatively low upfront cost. However, their use in Houses in Multiple Occupation (HMOs) presents unique challenges. For landlords and tenants alike, it’s crucial to understand the benefits, risks, and regulatory requirements associated with electric heaters in these shared living spaces.

Understanding HMOs and Their Heating Challenges

Due to the shared nature of HMOs, heating preferences often vary widely among tenants. While one tenant might feel comfortable at 19°C, another might deem it “freezing.” This creates a challenge for landlords, who typically control the heating to ensure consistency and manage costs. Even when the property is maintained at a reasonable temperature, some tenants may still seek to supplement the heating with portable electric heaters to meet their personal preferences. This disparity in comfort levels can lead to tensions and difficulties in balancing tenant satisfaction with energy efficiency and safety requirements.

Risks and Drawbacks of Electric Heaters in HMOs

While electric heaters may seem like a convenient option for tenants looking to address individual heating preferences, their use in HMOs introduces a range of serious concerns. Chief among these is the heightened risk of fire.

Electric heaters are one of the most common causes of residential fires, particularly when used improperly or left unattended. In shared living spaces like HMOs, where multiple tenants may have varying levels of awareness and caution, this risk becomes even more pronounced. A single moment of negligence—such as placing a heater near flammable materials or forgetting to switch it off—can have devastating consequences for all occupants.

Electric heaters can also disrupt the efficiency of central heating systems, particularly when placed near thermostats. If a tenant uses an electric heater close to a thermostat, the thermostat may register that the room has reached the desired temperature, causing the central heating system to switch off prematurely. As a result, other parts of the house can become uncomfortably cold, creating frustration among tenants and uneven heating across the property. This issue highlights how electric heaters can undermine a landlord’s efforts to maintain consistent heating for all occupants.

In addition to causing disruptions, the use of electric heaters can place a significant strain on the property’s electrical system. HMOs often consist of older buildings with wiring that may not be equipped to handle the additional load created by multiple heaters operating simultaneously. This can result in frequent tripping of circuits, damage to the electrical infrastructure, or even electrical fires especially if the electric heater has not been PAT tested. For landlords, this not only poses a safety hazard but also creates costly maintenance and repair issues.

Another major concern is the inefficiency of electric heaters, which can lead to skyrocketing energy costs. Unlike central heating systems that distribute heat efficiently, electric heaters consume a large amount of electricity for relatively limited output. In HMOs where utility bills are included in the rent or shared among tenants, the excessive use of electric heaters by one or more individuals can lead to disputes and resentment among occupants or even with the landlord.

Finally, landlords are often bound by legal and regulatory requirements to ensure the safety and efficiency of their properties. Allowing or failing to manage the use of electric heaters could potentially breach these obligations, particularly if it leads to unsafe conditions or conflicts with licensing requirements. For this reason, many tenancy agreements explicitly prohibit the use of portable electric heaters unless prior written permission is obtained.

Legal and Safety Considerations for Electric Heaters in HMOs

The use of electric heaters in Houses in Multiple Occupation (HMOs) is not only a practical concern but also a legal and safety issue. Several official guidelines and regulations address the risks associated with portable electric heaters, highlighting the responsibilities of landlords and the importance of strict controls to ensure tenant safety.

Regulatory Reform (Fire Safety) Order 2005 (RRFSO)
The Regulatory Reform (Fire Safety) Order 2005 (RRFSO) places the onus on the “responsible person,” typically the landlord or property manager, to ensure that appropriate fire safety measures are in place. This includes identifying and mitigating risks associated with portable heating devices like electric heaters. Under the RRFSO, landlords must conduct thorough fire risk assessments that consider all potential fire hazards, including the improper use or placement of portable heaters. The responsible person is also required to implement measures to eliminate or minimize these risks, such as ensuring that alternative, fixed heating systems are adequate and that portable heaters are used only when absolutely necessary.

LACORS Fire Safety Guide
The LACORS Fire Safety Guide, widely recognized as a key reference for fire safety in residential properties, provides clear recommendations regarding portable heaters. The guide stresses the importance of providing reliable, fixed heating systems in HMOs to reduce the reliance on portable devices. Portable heaters, when used, should be equipped with safety features such as automatic shut-off mechanisms to prevent overheating or tipping. The guide also highlights the need for regular inspections and maintenance to ensure these devices remain in safe working condition. Additionally, landlords are advised to include specific clauses in tenancy agreements that restrict the use of such heaters without prior permission.

Fire Safety Risk Assessment: Sleeping Accommodation
The Fire Safety Risk Assessment: Sleeping Accommodation document provides further guidance on managing fire risks in shared living environments. It highlights the dangers posed by portable heaters, particularly in sleeping areas where the risk of accidental misuse is heightened. The document recommends that landlords consider the following measures:

• Ensuring portable heaters are only used as a last resort, with fixed heating systems being the primary source of warmth.
• Prohibiting the use of heaters that lack essential safety features, such as tip-over switches and thermostatic controls.
• Educating tenants about safe usage, such as keeping heaters away from flammable materials and never leaving them unattended.
• Conducting periodic inspections to confirm compliance with safety guidelines.

Key Legal Implications
Failing to address the risks associated with electric heaters can have serious legal consequences for landlords. If a fire occurs and it is found that proper risk assessments or preventative measures were not in place, landlords could face penalties under the RRFSO. Moreover, allowing unsafe heaters to be used may also breach the Housing Health and Safety Rating System (HHSRS), which evaluates health and safety risks in residential properties.

In addition to legal obligations, landlords must consider the financial and reputational implications of inadequate fire safety. In HMOs, where multiple tenants share the same property, a single fire incident caused by an electric heater could result in significant damage, loss of life, or legal action, all of which could have long-lasting consequences.

Best Practices for Landlords and Tenants

Managing the use of electric heaters in HMOs requires proactive measures from both landlords and tenants to ensure safety and compliance with regulations. While the risks associated with these devices are significant, clear communication, consistent enforcement of policies, and well-defined tenancy agreement clauses can help mitigate these issues.

For landlords, the first step is to provide a reliable and efficient central heating system that meets the needs of all tenants. A well-maintained heating system with evenly distributed heat can prevent tenants from feeling the need to use electric heaters. Regular inspections of the heating system and ensuring proper insulation throughout the property are essential steps in maintaining consistent warmth and reducing tenant complaints.

It is also critical for landlords to include a clear clause in the tenancy agreement explicitly prohibiting the use of portable electric heaters without prior written consent. Such a clause not only informs tenants of the policy from the outset but also provides the landlord with a contractual basis for addressing violations. Here’s an example of a suitable clause:

Example Clause: “The Tenant shall not bring into or use any portable electric heaters or heating appliances within the Property unless prior written permission has been obtained from the Landlord. This restriction is due to safety concerns, potential fire hazards, and the strain on the property’s electrical system. Unauthorized use of such appliances will be considered a breach of this agreement, and the Landlord reserves the right to take appropriate action, including their removal.”

This clause sets clear boundaries and ensures tenants understand the safety and operational reasons behind the restriction.

If a landlord becomes aware of a tenant using an electric heater, the issue should be addressed promptly. Initially, a verbal discussion with the tenant can often resolve the matter, explaining the risks involved and requesting they stop using the device. If the landlord later observes or hears of the heater being used again, the next step should be a formal written warning. This written communication should reiterate the tenancy agreement terms, emphasize the potential consequences, and serve as a documented record of the landlord’s response.

Should the problem persist despite these warnings, the landlord must take decisive action to protect the safety of all tenants. In such cases, the unauthorized electric heater should be removed from the property. This step must be communicated clearly to the tenant, emphasizing that the removal is necessary to ensure the safety and compliance of the property with fire safety standards.

Tenants, for their part, play a role in maintaining a safe and comfortable living environment by adhering to the tenancy agreement and communicating with the landlord if they feel the heating is insufficient. Rather than resorting to portable heaters, tenants should raise their concerns so landlords can address them appropriately.

By including a specific clause in the tenancy agreement, maintaining open communication, and enforcing policies consistently, landlords can effectively manage the risks associated with electric heaters in HMOs. This approach ensures the safety of all occupants while fostering a harmonious and compliant living environment.

Consequences of Non-Compliance

Electric heaters can pose significant risks in HMOs, from fire hazards to disrupted heating systems, making it essential for landlords to take proactive steps to manage their use. At the heart of this issue is ensuring tenant safety while maintaining compliance with legal and regulatory standards.

If you’re a landlord with an HMO and need guidance on managing your property or implementing fire safety measures, we’re here to help. We offer nationwide HMO consultancy and can provide advice tailored to your property’s needs.

For professional HMO management services in London, don’t hesitate to contact us.