Window Safety in Rented Properties: A Landlord's Obligations

There is no single regulation titled "window safety for landlords" — which is exactly why the topic generates so much confusion. Some sources tell you window restrictors are "the law"; others say they are optional. Both are oversimplifications.

The accurate position: there is no current standalone statute forcing every landlord to fit window restrictors today. But several existing duties already cover window safety, a future requirement is coming, and a fall from an unprotected window is one of the most serious — and most preventable — hazards in a let. Here is what actually applies.

The duties that already apply today

Window safety sits across several legal frameworks rather than one dedicated regulation:

1. HHSRS — "falls between levels"

Under the Housing Health and Safety Rating System (Housing Act 2004, Part 1), councils assess housing against a standard list of hazard categories (21 categories from 23 June 2026, reduced from 29). One of them is "falls between levels" — which directly covers windows above ground level, especially in properties occupied by, or accessible to, young children.

If a council inspector judges an unprotected upper-floor window to be a serious (category 1) hazard, they can serve an improvement notice, a prohibition order, or impose a civil penalty. This is not a future risk — it is enforceable now, and "falls between levels" is a standard line item in a council housing inspection.

2. Fitness for human habitation

Under the Homes (Fitness for Human Habitation) Act 2018, which amended the Landlord and Tenant Act 1985, a let must be fit for human habitation throughout the tenancy. Fitness assessment draws on the same HHSRS hazards — so a dangerous window can make a property unfit, giving the tenant a direct route to take the landlord to court.

3. Building Regulations for new and replacement windows

When you install or replace windows, Building Regulations Approved Document K (protection from falling) applies. Its guidance is that where the floor inside is more than 600mm above the surface outside, opening windows should be guarded, or restricted, to reduce the fall risk. Approved Document K also covers safety glazing in critical locations (low-level glass in doors and around them).

This duty bites at the point of replacement — you are not required to retrofit every existing window today, but any window you fit now should meet the standard.

4. Ventilation and escape

Two further obligations are easy to overlook:

Ventilation: if a room relies on a window for ventilation, sealing it shut can itself create an HHSRS hazard (damp, mould, excess heat). Windows generally have to be openable where they provide a room's ventilation.
Escape: where a window forms part of the means of escape — common in older conversions and some HMOs — it must open sufficiently and not be obstructed, painted shut, or fitted with a restrictor that prevents escape. Restrictors on escape windows must be the type an adult can override.

What is coming: the Decent Homes Standard (2035)

This is the part worth planning for now, because it converts good practice into a hard requirement.

The reformed Decent Homes Standard, which the government is extending to the private rented sector, will require child-resistant window restrictors that an adult can override on all windows that present a fall risk for children. The government's policy statement defines a fall-risk window as one where all of the following apply:

the floor level change inside-to-outside exceeds 600mm
the window opens more than 100mm
there is no guard at least 1100mm above the internal floor level
no functioning restrictor is already fitted

Important: this is a future requirement, not yet in force. The Decent Homes Standard window-restrictor mandate falls under the standard's criteria with a compliance deadline of 2035 for both social and private rented homes. You are not legally obliged to retrofit restrictors to every window today on the basis of the Decent Homes Standard alone.

That said, the direction of travel is clear, the cost is low, and the existing HHSRS duty already applies where a window is a genuine hazard now. Fitting restrictors ahead of the deadline is sensible risk management, not premature compliance.

Where restrictors genuinely matter now

The 2035 deadline does not change the fact that an unrestricted upper-floor window in a family let is a live hazard today. Government safety guidance specifically recommends window restrictors where:

children under five live in or regularly visit the property
vulnerable adults occupy the property
windows on upper floors open wide enough for a child to fall through

In these situations, the HHSRS "falls between levels" duty can already require action — independently of the future Decent Homes deadline. A £10–£30 restrictor is far cheaper than an improvement notice, a civil penalty, or the consequences of a fall.

Blind and curtain cord safety

Not strictly a "window" regulation, but it sits alongside: looped blind and curtain cords are a recognised strangulation hazard for young children. Cords supplied with new internal blinds must meet BS EN 13120, which requires safety devices (cleats, cord guides, breakaway connectors) to keep loops out of a child's reach.

This is a product standard rather than a direct landlord statute — but under the HHSRS, a looped cord within a child's reach can be assessed as a hazard, so where you supply blinds in a family let, fit the safety devices.

A practical window-safety checklist

Before each tenancy, especially for family lets:

Check upper-floor windows — do any open wide enough for a child to fall through? If so, fit a child-resistant restrictor (one an adult can override).
Confirm escape windows still open freely — not painted shut, not obstructed, and any restrictor is overridable.
Check ventilation windows open — sealing a window that ventilates a room can create a damp/mould hazard.
Inspect glazing in critical locations — low-level glass in and beside doors should be safety glass; cracked or single-pane glass in these spots is a hazard.
Secure blind and curtain cords — fit cleats or breakaway devices where there are looped cords in reach of children.
Record what you did — date-stamped photos of fitted restrictors and safe glazing are your evidence if a council inspects or a tenant complains.

Why the record is the point

As with most landlord safety duties, the obligation is outcome-based: keep the property free of serious hazards. When a council inspects or a tenant raises a fitness claim, the question is whether you took reasonable steps — and that turns on evidence.

A dated record showing you assessed window safety, fitted restrictors where needed, and confirmed escape and ventilation routes is the difference between "this landlord managed the risk" and "this landlord cannot show they did anything." Photographs and a per-property log are simple, free, and decisive.

How DueProper will help

DueProper will let you record window-safety checks, store the photos against each property, and keep them retrievable — so that if a council inspects under the HHSRS or a tenant raises a fitness claim, your evidence is one click away. As the Decent Homes Standard deadline approaches, having a clear record of which properties already have compliant restrictors turns a 2035 scramble into a routine status check.

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This article is for information only and does not constitute legal advice. There is no single standalone statute requiring window restrictors in all rented properties today; obligations arise under the Housing Health and Safety Rating System (Housing Act 2004), the Homes (Fitness for Human Habitation) Act 2018, and Building Regulations Approved Document K for new and replacement windows. The reformed Decent Homes Standard will mandate child-resistant restrictors on fall-risk windows by 2035. Always verify your obligations against current legislation at legislation.gov.uk.