Landlord Liability for repairs
Introduction
In most cases in the private rented sector, landlords are expected to keep any property they let to tenants, in a good state of repair and well maintained. Equally, tenants are expected to ensure they act in a 'tenant-like manner' and not cause damage to the property besides anything that would class as 'fair wear and tear'.
To ensure landlords understand these obligations in full, this guidance will cover the obligations placed on them and their tenants during the life of a tenancy. In it we will discuss what is meant by a repair as opposed to an improvement, the scope of Section 11 of the Landlord and Tenant Act 1985, what the landlord is responsible for under the Defective Premises Act 1972, and information on other areas of the law where a repair may be necessary.
Renters' Rights Act update
If you are entering into a new assured periodic tenancy, on or after 1st May 2026, you must give the tenant a written statement of the tenancy agreement before it is entered into. This statement must include information about your obligations under these regulations. The NRLA Assured Periodic Tenancy includes this.
Failing to provide the information can lead to fines of up to £7,000 so it's important you ensure this information is included in your draft tenancies.
Residential tenancies of less than 7 years have an implied term under which the landlord undertakes various repair responsibilities. These are:
- To keep in repair the structure and exterior of the property (including drains, gutters and external pipes)
- To keep in repair (and proper working order) the installations for the supply of water, gas, electricity and for sanitation, including basins, sinks, baths and sanitary conveniences (this does not extend to fittings and appliances which make use of water, gas or electricity) and
- To keep in repair (and proper working order) the installations in the premises for space heating and heating water.
Additionally, if the tenancy was granted from 1988 onwards, the landlord is under an extended responsibility to keep in repair the structure and exterior of any part of the building that is connected to the property.
When will Section 11 not apply to a tenancy?
As of 1st May 2026, the Renters' Rights Act is in force, and fixed-term assured tenancies have been converted into rolling Assured Periodic Tenancies, so it will be rare to create a tenancy where Section 11 does not apply after this date.
There are transitional provisions to protect previous long term agreements. This means that there are two scenarioes where Section 11 of the Landlord and Tenant Act will not apply:
- The tenancy was a tenancy for 7 years or more before 1st May 2026, but has now become an Assured Periodic Tenancy; or
- The tenancy is a non-assured tenancies granted for a term of 7 years or more.
The rest of this content requires you to register for an account to read it. It answers questions like -
- when is a landlord liable for repairs?
- what is meant by keeping a property in repair?
- what is the standard of repair?
- how long do you have to make a repair?
- who enforces a disrepair claim?
- How has coronavirus affected your ability to perform repairs?
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