Landlord and Tenant Act 1985

The Act that puts basic repairing obligations into most short tenancies by law — and that a tenancy agreement cannot simply write around.

Does the Landlord and Tenant Act 1985 apply to my tenancy?

The repairing obligations in section 11 apply to most tenancies of a dwelling granted for less than seven years, which covers the great majority of assured shorthold tenancies. Section 13 sets out how the seven-year term is measured, including some tenancies that run longer but are still treated as short leases, and a small number of exceptions for certain social housing arrangements.

Can my tenancy agreement remove these repairing obligations?

No, not where section 11 applies. The Act makes clear that a tenant's own covenant to repair cannot cut down the landlord's section 11 obligations, so a clause in the tenancy agreement purporting to pass structural or installation repairs onto the tenant is generally unenforceable to that extent.

What counts as the 'structure and exterior' the landlord must repair?

This generally covers the building's fabric — walls, roof, windows and external doors — together with drains, gutters and external pipes. It does not automatically include everything inside the property; the installations for water, gas, electricity, sanitation, and space and water heating are covered separately under section 11(1)(b) and (c).

Does the Act cover service charges as well as repairs?

Yes. Alongside the repairing obligations in sections 11 to 17, a separate part of the Act regulates service charges for tenants and leaseholders — covering things like the right to see a summary of costs and the consultation requirements before certain works are charged for. The repairing and service charge provisions address different problems and are usually relevant in different situations.

What can I do if my landlord won't carry out section 11 repairs?

Report the disrepair in writing, giving the landlord a reasonable opportunity to inspect and fix it, since the duty to repair generally depends on the landlord having notice of the problem. If repairs still are not carried out, a tenant can bring a claim for breach of the repairing covenant, and in more serious cases the problem may also engage the separate duty of fitness for human habitation.

Does this Act give the landlord a right to enter and inspect?

Yes, in connection with the repairing obligations. Section 11 implies a right for the landlord, or someone authorised by the landlord, to enter and view the condition of the property at reasonable times of day, on giving the tenant at least 24 hours' written notice.

What section 11 actually requires

Section 11 implies a covenant into most short tenancies of a dwelling that the landlord will keep in repair the structure and exterior of the property, including drains, gutters and external pipes, and will keep in repair and proper working order the installations for the supply of water, gas and electricity, for sanitation, and for space heating and heating water. Where the dwelling is part of a larger building, such as a flat, these duties extend to parts of the building and installations the landlord controls, to the extent that disrepair there affects the tenant's enjoyment of their own home.

The standard the landlord is held to takes account of the age, character, prospective life and location of the building — a Victorian conversion is not held to the same standard as a new-build — but the core obligation to keep the listed items in repair is not something a tenancy agreement can remove. Section 11(4) specifically prevents a tenant's own repairing covenant from cutting down the landlord's duty under this section.

Which tenancies the repairing duty applies to

• 1 Short leases, generally. Section 13 applies section 11 to tenancies of a dwelling granted for a term of less than seven years, which covers almost every assured shorthold tenancy.
• 2 How the term is measured. Any period before the lease was actually granted is ignored, and a lease the landlord can end before seven years is still treated as short.
• 3 Longer leases are not automatically excluded. Certain secure and assured-type tenancies of seven years or more, granted by particular social landlords, are brought back within section 11 by specific provisions, with some exceptions for shared ownership.
• 4 Access for the landlord. The section implies a right for the landlord to enter and inspect the property's condition at reasonable times, on at least 24 hours' written notice.

The Act also governs service charges

Separately from the repairing obligations in sections 11 to 17, later parts of the Act regulate how service charges are calculated, demanded and challenged, including rights for tenants and leaseholders to see a summary of the costs a service charge is based on and consultation requirements before certain significant works are carried out and charged for. This side of the Act matters most to leaseholders and tenants paying a variable service charge, rather than to most assured shorthold tenants paying a simple fixed rent, but the two halves of the Act are easy to confuse because they share the same statute.

A tenant on a two-year assured shorthold tenancy reports a leaking roof to the landlord in writing. Six weeks pass with no repair, and the tenancy agreement contains a clause stating the tenant is responsible for "all repairs to the fabric of the building."

2 years — a short lease under s.13

Roof — part of the structure and exterior

Purports to pass repairs to the tenant

Effect of the clause

Unenforceable against the s.11 duty

Because the tenancy is a short lease and the roof falls within the structure and exterior, the section 11 duty rests with the landlord regardless of what the tenancy agreement says — the clause attempting to shift that responsibility onto the tenant does not override the statutory covenant. Having given the landlord written notice and a reasonable opportunity to repair, the tenant has a basis to pursue the repair further if it still is not carried out.

Section 11 repairing obligations

Fitness for Human Habitation

Landlord and Tenant Act 1985, section 11

Landlord and Tenant Act 1985, section 13

Landlord and Tenant Act 1985, full contents

Landlord and Tenant Act 1985 — Renters' Rights Glossary

What the Landlord and Tenant Act 1985 requires landlords to repair, which tenancies section 11 applies to, and how the Act's service charge provisions differ.