Window restrictors and child safety in rented homes

Why it matters

Failing to address foreseeable window safety risks can lead to serious injury or death, resulting in criminal prosecution, substantial fines, or civil claims for damages. Local authorities can issue improvement notices under the Housing Act 2004 for Category 1 hazards, which include risks from falls. Beyond legal repercussions, ensuring child safety protects vulnerable tenants and upholds a landlord's reputation.

Legal requirements

• Landlords must ensure the rented property is fit for human habitation at the start and throughout the tenancy.
• The Homes (Fitness for Human Habitation) Act 2018 applies to tenancies in England, requiring properties to be safe.
• A landlord's general duty of care requires them to take reasonable steps to prevent foreseeable harm to tenants and visitors.
• Under the Housing Act 2004, local authorities can assess properties for 29 types of hazards, including 'falls associated with windows'.
• If a Category 1 hazard is identified, the local authority must take enforcement action.
• The Deregulation Act 2015 protects tenants from retaliatory eviction if they report hazards that lead to enforcement action.
• Section 11 of the Landlord and Tenant Act 1985 requires landlords to keep the property's structure and exterior in repair.
• In Scotland, specific guidance requires landlords to assess fall risks from windows, especially in properties occupied by children.
• Landlords must maintain common parts of a building, including windows, in a safe condition.
• All new builds must comply with Building Regulations which include provisions for window safety.

Common mistakes

• Assuming that because no specific law mandates restrictors, none are needed.
• Ignoring requests from tenants with young children about window safety concerns.
• Failing to conduct regular risk assessments for hazards within the property.
• Installing restrictors but failing to ensure they are properly maintained and functional.
• Using restrictors that can be easily bypassed by a child.
• Not considering the height of windows from internal floor level or the ground outside.
• Relying solely on tenant responsibility for child safety measures.
• Overlooking communal areas or upper floor windows in apartment blocks.

Practical guidance

• Conduct a thorough risk assessment of all windows, especially those above ground floor or in communal areas.
• Pay particular attention to windows in bedrooms and living areas that children might access.
• Consider installing restrictors where there is a foreseeable risk of a child falling.
• Choose restrictors that limit window openings to less than 100mm, can withstand significant force, and require a key or special tool to override.
• Ensure restrictors are installed correctly and securely by a competent person.
• Provide clear instructions to tenants on how to use restrictors and the importance of child safety.
• Regularly inspect restrictors during routine property checks to ensure they remain functional.
• Document all risk assessments, installation, and maintenance of window restrictors.
• Advise tenants that furniture should not be placed directly under windows, providing a climbing aid.
• Review guidance from local authorities or safety organisations for best practices.

The Legal Framework for Safety in Rented Homes

Landlords have a fundamental duty to provide a safe home. While there isn't a single statute demanding window restrictors across the UK, several laws collectively impose a strong obligation to address hazards. The Homes (Fitness for Human Habitation) Act 2018 in England requires properties to be fit for habitation, meaning they must be safe and free from serious hazards. Falls associated with windows are one of the 29 prescribed hazards under the Housing Act 2004, which local authorities use to assess property safety. If a Category 1 hazard is found, the landlord faces enforcement action. Similarly, under Section 11 of the Landlord and Tenant Act 1985, landlords must keep the structure and exterior in good repair. A window that poses a fall risk could be seen as a defect in the structure, especially if it cannot be opened safely without restrictors. Landlords also have a common law duty of care to ensure the safety of their tenants and anyone lawfully visiting the property. This means taking reasonable steps to prevent foreseeable harm.

Assessing Window Fall Risks

A crucial step for landlords is to conduct a detailed risk assessment of all windows in their rented properties. This assessment should identify windows that, if opened fully, could pose a fall risk, particularly for children. Factors to consider include the height of the window sill from the internal floor level, the drop to the ground or another surface outside, and whether there are any objects or furniture nearby that could be used as a climbing aid. Windows in upper floor bedrooms or living areas are generally of higher concern. The assessment should also consider the type of window. For instance, a large sash window that can be opened widely might present a greater risk than a small top-hung fanlight. Documenting these assessments is vital, demonstrating that reasonable steps have been taken to identify and mitigate risks. This proactive approach helps landlords meet their legal obligations and protects their tenants.

What are Suitable Window Restrictors?

When installing window restrictors, landlords should choose products that are effective, durable, and meet relevant safety standards. Suitable restrictors typically limit the window opening to a maximum of 100mm. This gap is small enough to prevent a child from falling through but still allows for adequate ventilation. It is important that the restrictors are securely fitted and strong enough to withstand significant force, as children may lean or push against them. Restrictors that require a key or a special tool to override are generally preferred, as this prevents children from easily disengaging them. Common types include cable restrictors, sash window stops, and hinge restrictors. Landlords should ensure that the chosen restrictors do not impede emergency escape routes, especially from upper floor bedrooms. The goal is to enhance safety without creating other hazards or limiting vital functions of the window.

Regional Differences: Scotland, Wales, and Northern Ireland

While England's legislation relies heavily on general fitness for human habitation duties and hazard assessments, other UK nations have slightly different approaches. In Scotland, the 'Tolerable Standard' for rented properties, coupled with specific guidance from organisations like RoSPA and the Scottish Government, places a stronger emphasis on assessing and mitigating fall risks from windows, especially where children reside. Scottish landlords are expected to take all reasonable precautions to prevent falls. In Wales, the Renting Homes (Wales) Act 2022, in force from 2022, includes a similar fitness for human habitation standard to England. The 'HHSRS Operating Guidance for Welsh Local Authorities' also highlights falls from windows as a significant hazard. Northern Ireland's housing legislation, including the Housing (Northern Ireland) Order 1981, also imposes duties on landlords to keep properties in good repair and fit for human habitation. While not always prescriptive, the underlying principle across all nations is that properties must be safe.

Maintenance, Information and Documentation

Installation of window restrictors is only one part of the safety process. Landlords must ensure that restrictors are regularly inspected and maintained to remain fully functional. This should be part of routine property inspections. If a restrictor is found to be damaged or ineffective, it must be repaired or replaced promptly. Providing clear information to tenants is also crucial. Explain why restrictors have been fitted, how to use them correctly, and the importance of child safety around windows. Advise tenants against placing furniture near windows that children could climb on. Comprehensive documentation is essential for demonstrating compliance. Keep records of your risk assessments, details of restrictors installed including product specifications, installation dates, and any subsequent maintenance or repairs. This record can be vital evidence if a safety incident occurs or a local authority raises concerns. This approach aligns with best practices for other safety requirements, such as those for Gas Safety Certificates (CP12) and Electrical Installation Condition Reports (EICR).