Landlord Repair Responsibilities: A Complete Guide
Section 11 sets the legal floor, but recent law has raised the bar dramatically. Here is exactly what you must repair, when, and what happens if you do not.
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# Landlord Repair Responsibilities: A Complete Guide
Repairs are where most disputes start. Get the legal floor right and you avoid disrepair claims, council improvement notices, rent-repayment orders, and the new Awaab''s Law timescales that can turn a slow response into formal enforcement.
The legal framework
Three statutes do the heavy lifting:
- Landlord and Tenant Act 1985, Section 11 — the core repairing covenant in every short residential let.
- Homes (Fitness for Human Habitation) Act 2018 — the property must be fit for habitation throughout the tenancy.
- Awaab''s Law (Social Housing Regulation Act 2023; extended to private rented sector via the Renters'' Rights Act) — binding timescales for hazards.
Plus the Defective Premises Act 1972 for personal injury claims, the Housing Act 2004 HHSRS framework for council enforcement, and the Environmental Protection Act 1990 for statutory nuisance.
What Section 11 covers
The landlord must keep in repair:
- The structure and exterior — roof, walls, windows, doors, gutters, drains, chimneys.
- Installations for water, gas, electricity, and sanitation — pipes, wiring, basins, sinks, baths, sanitary conveniences (but not the appliances using them).
- Installations for space heating and water heating — boilers, radiators, immersion heaters.
You cannot contract out of Section 11 in any tenancy of less than 7 years.
What "fitness" adds
The Fitness for Human Habitation Act 2018 lets tenants sue directly (no need for council action) where the property is unfit. Fitness is assessed against the 29 HHSRS hazards including damp and mould, excess cold, fire safety, structural collapse, falls, electrical hazards, water supply, sanitation, and food safety.
Awaab''s Law timescales
For category 1 hazards (most serious) and significant damp/mould:
- Investigate within 14 days of being notified.
- Emergency repairs within 24 hours for immediate safety risks.
- Make safe within 7 days for significant hazards.
- Written report to the tenant explaining findings and next steps.
Failure to meet these is grounds for direct legal action and damages.
Response time standards (industry norms)
| Category | Examples | Target |
|---|---|---|
| Emergency | No water, no heat in winter, major leak, no power, total loss of security, gas leak | 24 hours |
| Urgent | Partial loss of heating/hot water, blocked WC (only one), leaking pipe | 3–5 days |
| Routine | Broken appliance, minor leaks, faulty light switch | 14–28 days |
| Planned | Redecoration, full boiler replacement on age | scheduled |
Tenant vs landlord responsibilities
Landlord typically covers:
- All structural elements
- Heating, hot water, boiler
- Electrical wiring and consumer unit
- Plumbing pipework
- Windows and external doors
- Supplied appliances (if provided)
- Damp and mould (where caused by building defect)
Tenant typically covers:
- Light bulbs and fuses
- Minor garden maintenance (if AST specifies)
- Cleanliness and ventilation (condensation from lifestyle is shared territory)
- Damage they cause beyond fair wear and tear
- Their own appliances
The disrepair process
- Tenant reports in writing (email or app — keep records).
- Landlord acknowledges within 24 hours, schedules inspection.
- Inspection within Awaab''s Law timeframes.
- Written report with diagnosis and timetable.
- Repair completed; sign-off photo.
- Follow-up after 4–6 weeks for damp/mould cases.
What happens if you fail
- Disrepair claim — rent rebate (often 25–50% of rent during the affected period), damages for inconvenience, special damages for ruined possessions, legal costs.
- Council enforcement — improvement notice, hazard awareness notice, prohibition order, emergency works at your expense.
- Rent Repayment Order — up to 12 months'' rent in serious cases.
- Section 21 blocked — disrepair complaints to the council trigger "retaliatory eviction" protection.
- Banning order — for serious or repeat offenders.
Practical playbook
- Maintenance budget: 1–2% of property value annually.
- Annual inspection (plus interim if remote).
- Diary boiler service, gas safety, EICR.
- Single reporting channel (email or app).
- Trusted contractor on call.
- Photo evidence at every stage.
Common mistakes
- Ignoring "minor" damp/mould reports — Awaab''s Law makes this expensive.
- Blaming the tenant''s lifestyle without a survey to back it up.
- Verbal-only repair reports — no audit trail.
- Sending unqualified handypeople to gas or electrical jobs.
- Hoping a Section 21 will solve a disrepair complaint — it will not; the council acceptance letter blocks it.
Bottom line
Section 11 is non-negotiable, the Fitness Act lets tenants sue you directly, and Awaab''s Law puts a stopwatch on your response. A simple reporting system, a responsive contractor network, and prompt written communication keep you on the right side of all three.
Frequently asked questions
What does Section 11 cover?+
Structure, exterior, and installations for water, gas, electricity, sanitation, space heating and water heating.
Can I contract out of Section 11?+
No — not in any tenancy of less than 7 years.
What is Awaab's Law?+
Binding timescales for landlords to investigate (14 days), make safe (7 days for serious hazards) and respond to emergencies (24 hours).
Is the tenant responsible for light bulbs?+
Yes, typically — along with fuses and minor consumables. The AST should be explicit.
What if damp is caused by tenant lifestyle?+
Get a damp surveyor's report. Without one, blaming the tenant is high-risk and rarely defends a disrepair claim.
How quickly must I respond to no heating in winter?+
24 hours — it is an emergency. Provide temporary heaters while you arrange the repair.
Can I be sued directly for disrepair?+
Yes, under the Fitness for Human Habitation Act 2018, without any council involvement.
What is a Rent Repayment Order?+
A tribunal order requiring the landlord to repay up to 12 months' rent for specified offences including serious disrepair in licensed properties.
Does the tenant have to give access for repairs?+
Yes, with 24 hours' written notice for non-emergencies.
What is HHSRS?+
The Housing Health and Safety Rating System — 29 hazards councils use to enforce housing standards.
Can a tenant withhold rent for disrepair?+
Not legally — they should report, allow access, then claim if it is not fixed. Withholding rent puts them at risk.
How much should I budget for repairs?+
1–2% of property value annually as a working figure.
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