Cold weather can both cause and exacerbate disputes between tenants and landlords.
All manner of problems can crop up in properties during cold snaps, including burst pipes, leaks and boilers breaking.
Around 45 per cent of landlords find themselves embroiled in a dispute with tenants or problem with arrears, according to estate agency Douglas & Gordon's analysis.
Delayed maintenance and properties in a poor condition are among the main drivers of spats between tenants and landlords.
To prevent disputes, both parties should take preventative action when it comes to the maintenance of a property, particularly during a cold spell.
With the help of James Evans, chief executive of estate agent Douglas & Gordon, we look at what landlords and tenants can do to avoid problems this winter.
'Winter can be tough on landlords and tenants alike,' says Evans. 'For tenants, the advice is clear - it is important to treat your rental property like a home if you want to check out with all of your deposit.
'Flagging issues and taking precautions to avoid plumbing or damp problems is key.
'In a market where tenants will take action in order to skip an expensive rental bill, it is important for landlords to tackle issues as they are flagged - or to have a representative with access nearby ready to nip issues in the bud 24-7.’
According to Citizens Advice, it is not recommended that tenants withhold rent because something has broken in their property or while repairs are under way, unless the landlord has agreed to a reduction in advance.
If they do it without consent, the landlord could start eviction proceedings.
What problems can crop up in cold weather?
Pests can be a problem during cold snaps. When the weather gets colder, mice will often come into people's homes. Any type of pest can cause a dispute between a tenant and landlord.
Boilers are also used more in winter. If the boiler in the property is older or has not been serviced recently, the extra usage can often mean it runs into problems. Delayed boiler repairs or replacements are a common source of contention between landlords and tenants.
When the weather gets very cold, water pipes are also liable to freezing. If the heating is not put on, pipes may burst and flooding may become an issue.
Condensation is also worse in winter, and tenants are less likely to want to open their windows, meaning properties are often less well-ventilated which can cause issues with mould.
Old wooden window frames can be affected by freezing and thawing. This in turn can exacerbate any damage or wear.
Any properties that are draughty or have gaps in them will get even chillier during a cold snap, and the property will be harder and more expensive to heat.
Top tips for tenants to avoid landlord disputes
1. If you are moving into a rental home this winter, go through the check-in report with a fine tooth comb. Note every single point and flag any issues, including mould, damp or a boiler on the blink at the start.
Take your own pictures if required as evidence. Flag issues as they arise and do not leave a seemingly small issue unmanaged.
2. Treat your rental property like your home. Make sure you do not dry your washing on radiators, drying them on a rack in a ventilated area or outside if possible. Aways ventilate bathrooms after a shower, even in the winter.
3. Do not switch off the heating completely for long periods, if you can afford it. Leave the heating on a minimal setting, even during a holiday, to avoid the pipes bursting when you are away. Utilise the timer setting so that your property maintains a good temperature.
4. If you are going away for more than two weeks, flag this to your landlord just in case something goes wrong.
5. Know how to deal with pests properly. Do not leave crumbs or open food packets which can encourage mice into your property. Mice can typically survive on four to five grams of food a day, so ensure you tidy up after yourself to limit the chances of attracting them.
Top tips for landlords to avoid disputes with tenants
1. Visit the property on a semi-regular basis and try and get in there when it is cold. Then you can actually experience the property when the temperature is lower and catch any maintenance issues early.
2. Make sure you or your property manager act ahead of time and get everything ready or fixed before a cold snap. It is better to service a boiler every year rather than have to pay to fix a broken one. Insulating pipes with foam sleeves is an inexpensive and effective method to prevent freezing.
3. Check your Energy Performance Certificate rating and work on improving the rating by following the recommendations in place. Rental properties currently have to be a minimum of band E but legislation is coming in for England and Wales that will raise the minimum requirement to a C.
It is sensible to see what changes and improvements you need to make before this happens. You may need to install better insulation, a new boiler or new windows.
4. Work with your tenants proactively and make it clear that you want to help the property be as energy efficient and warm as possible for them.
Having a good relationship with your tenants means that problems that do arise during the tenancy do not need to turn into an argument.
5. Keep gutters and drains clear. Clearing gutters and blocked drains are a landlord’s responsibility, unless the tenant has been negligent and caused the issue.
The tenant also has a duty of care to report any problems as soon as they become aware of them. In this scenario, it could have been that the tenant had heard or seen the overflowing water or perhaps even damp patches on the walls.
