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. 

Obligation to keep in repair (Section 11 of the Landlord and Tenant Act 1985)

Every residential tenancy of less than 7 years has a term implied into it under which the landlord undertakes various repairing 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.

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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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