The Importance of Water
As the UK continues to experience severe heatwaves, access to a safe, consistent water supply has become very important.
Access to clean, running water is a given not only for drinking but also for regulating body temperature, food preparation and sanitation. It is something we take for granted.
Tenants, especially those who are elderly, disabled, or medically vulnerable, are particularly reliant on water supply.
Landlord Obligations
Several pieces of legislation impose statutory responsibilities on landlords to ensure proper water supply in residential premises:
Section 11 of the Landlord and Tenant Act 1985 requires landlords to keep in good repair installations for the supply of water, sanitation, and heating. This duty applies throughout the duration of the tenancy.
Under the Housing Health and Safety Rating System (HHSRS), under the Housing Act 2004, failures in water supply systems or sanitary facilities is considered a Category 1 Hazard. Local authorities may serve improvement notices or take enforcement action if a property poses a health risk to the tenant.
The Homes (Fitness for Human Habitation) Act 2018, makes it unlawful for a Landlord to let a property that is unfit for habitation, which includes failure to maintain an adequate water supply during occupancy.
Responsibilities During and after the Tenancy
In most tenancy agreements, unless otherwise stipulated, responsibility for paying the water bill is the tenant’s.
During the Tenancy: The tenant is responsible for water and sewerage charges unless otherwise agreed. If the supply is metered or billed directly, the tenant contracts with the local water company.
After the Tenancy Ends: If the Tenant leaves without paying the final water bill and fails to provide a forwarding address, recovery of unpaid charges under the Water Industry Act 1999, water companies may pursue the named account holder, but only if the tenant’s details were supplied. In the absence of this information, the landlord may become liable.
The Flood and Water Management Act 2010 introduced provisions aimed at making landlords responsible for informing water suppliers of changes in occupancy. Where Landlords fail to notify water companies of a new Tenant’s name and tenancy start date, they risk being held liable for unpaid charges under the “Tenant Default Scheme.”
Ofwat, the water regulator for England and Wales, encourages landlords and letting agents to use the Landlord TAP (Tenant Address Portal) service to update occupancy information and reduce the risk of being wrongly billed.
To ensure compliance and mitigate risk, landlords should:
Provide written confirmation of utility responsibilities.
Notify the water company at the start and end of every tenancy via Landlord TAP.
Retain records of tenant names, tenancy dates, and forwarding addresses.
Confirm the final meter reading and request the tenant to settle any final account before vacating.
Include a tenancy exit form requiring Tenants to disclose their new address.