The windows of my flat are leaking

Is this page helpful?

If water comes in through the edges of your windows when it rains, there may be a problem with your window frames: if wooden, they might have rotted, and if aluminium they may not have been fitted properly.

Water coming in even when it isn’t raining could be a sign that the building’s cladding or insulation has a fault in it.

But there’s something else to consider as well: if water can get through, so can smoke, meaning that you flat may not be properly compartmentised. Flats within a building should be fully sealed so that they contain fire and help stop it spreading through a building.

Whichever of these apply, it is your landlord’s responsibility to get the issue fixed. Frequent leaks can damage the floors, walls and furniture; and of course structural issues need to be sorted out to keep the building safe.

What does the law say?

Your landlord is responsible for keeping the exterior and structure of your flat in good repair. So, if the leaks are caused by disrepair, they must fix it.

In England and Wales, the relevant law is the Landlord and Tenant Act 1985, section 11. In Scotland, social landlords (including local authorities and housing associations) have repairing duties under schedule 4 of the Housing (Scotland) Act 2001.
Landlords must also ensure that your flat is ‘fit for human habitation’. So if the leaks are leading to mould, damp or other issues impacting on your health which are likely to make, or are making you ill, they must do something about it. For England, this law is set out in the Homes (Fitness for Human Habitation) Act 2018. In Scotland, look at schedule 4, paragraph 1, of the 2001 Act.

If the leak has caused damage to your home, for example it has ruined flooring, this may be covered by buildings insurance. Your landlord is responsible for claiming the insurance and sorting out repairs.

If the leak has damaged your furniture or belongings, you may be able to claim from the insurance through your landlord as well.

What action can I take?

Contact your landlord to tell them of the problem. Make sure you clearly state what you would like them to do — to make repairs, and possibly to claim on the insurance.

There’s a letter you can copy on this page.

If there is no immediate action from your landlord, keep a record of the problem. Take photos and date them, so you can prove how long the issue has been going on. Eventually, you may want to escalate your issue.
If the leaks are leading to mould or damp, see this page for more details on what to do.
If your neighbours have the same issues, consider joining or starting a residents’ action group so you can work together to get things changed.
If you have made requests to your landlord, but nothing gets fixed, you might contact your local representative to ask for help.
You may consider legal action. See more information on the Shelter website here and on the Citizens Advice site here, or in Scotland, the Shelter website here.
For some leaks, if they are ‘qualifying repairs’, the right to repair scheme might apply. You can find out more about this in this guidance from the Citizens’ Advice Bureau for England, or this Scottish government page if you live in Scotland.

Meanwhile:

Smaller leaks can be managed temporarily by rolling up a towel and putting it on the windowsill to soak the water up.

If the leak is large then you should report it as an urgent repair issue. Your landlord should have given you information on how to do this when you moved in.

More advanced information

The Homes (Fitness for Human Habitation) Act 2018 amended the law which was already set out in the Landlord and Tenant Act 1985, so you might need to look at section 9A to 10 of the 1985 Act for the basic detail that underlies the current rules.
The Housing Health and Safety Rating System can be enforced by you through the Homes (Fitness for Human Habitation) Act 2018 or by Environmental Health unless your landlord is the local authority.

Even if your landlord is the local authority, there is a duty on the local housing authority (LHA) under the Housing Act 2004 to keep housing conditions in their area under review with a view to identifying any action that may need to be taken by them under the Act (section 3(1)).

Any deficiencies identified will contribute to a hazard under the Housing Health and Safety Rating System (HHSRS). This does not exclude the LHA’s own property.
In Scotland, social landlords (including local authorities and housing associations) have repairing duties under schedule 4 of the Housing (Scotland) Act 2001. The first of these duties is to ensure that the house is, at the commencement of the tenancy, wind and watertight and to keep the house in that condition throughout the tenancy. See more about landlords’ obligations in Scotland here.