Landlord and Tenant Act 1985: Key Obligations

Section 11 is the bit of law that quietly runs your whole maintenance programme whether you like it or not. You cannot contract out of it, and courts, councils and "no win no fee" firms all know it inside out.

1. What Section 11 actually says you must do

Section 11 LTA 1985 implies a non-excludable repairing covenant into almost every residential tenancy under 7 years, including ASTs and periodic tenancies.

You must keep in repair and proper working order:

The structure and exterior of the dwelling:

Walls (internal and external), foundations, roof.

External doors and windows (frames, sashes, glazing).

Drains, gutters, external pipes.

Stairs, bannisters, internal plaster.

The installations for:

Water, gas and electricity (pipework, wiring, consumer unit, tanks).

Space heating and hot water (boiler, radiators, controls).

Sanitation: basins, sinks, baths, toilets and associated pipework.

You cannot avoid this by writing in your AST that the tenant is responsible for boiler repairs, structural repairs, or similar; any such clause is void to that extent.

Section 11 does not cover:

Tenant's own furniture and possessions.

Pure "white goods" you supply (fridge, washing machine) -- unless the tenancy or your conduct makes them effectively part of the installations.

Decorative condition in isolation, although gross disrepair of plaster/paint can overlap with "structure" and fitness.

Garden landscaping and sheds unless your tenancy or later agreement says you maintain them.

2. Standard of repair and access

The standard is not "as new". Courts must have regard to the age, character, location and expected life of the dwelling when judging whether it is in proper repair.

A 1900s ex-council terrace will not be held to the same cosmetic standard as a 2020 new-build, but:

The roof must not leak.

The heating and hot water must work.

The electrics must be safe.

Access:

Section 11 gives you a right to enter the dwelling at reasonable times of the day to inspect and carry out repairs, on giving at least 24 hours' notice in writing.

That right sits alongside the tenant's right to quiet enjoyment and Protection from Eviction Act rules, so you still need consent in practice except in emergencies.

3. Notice and knowledge: when your duty kicks in

Section 11 does not make you liable the second a pipe starts dripping in secret. The obligation arises when:

The tenant puts you on notice of the disrepair, or

You ought reasonably to have known about it.

Key points from Shelter and case law:

Tenant can notify verbally or in writing (letter, email, text); writing is just easier to prove.

If you or your agent visit and see obvious disrepair (for example widespread damp) you are treated as on notice, even if the tenant does not point at every patch.

If your contractors or staff see the issue, that knowledge is usually treated as yours.

From that point, you must remedy the issue within a reasonable time, which depends on the seriousness: days for emergencies, weeks for minor repairs.

If you never inspect and ignore messages, you do not get to say "no formal letter, no liability". Courts look at what a reasonable landlord would have known and done.

4. Tenant remedies and interaction with fitness / Renters' Rights

If you breach your Section 11 duty, the tenant has options:

Damages (compensation) for distress, inconvenience, and sometimes personal injury.

Specific performance / injunction: court order forcing you to do the work.

In some situations, limited set-off of repair costs against rent if they have to do emergency works and the law allows it.

Local authority enforcement:

Improvement notices and HHSRS hazard notices.

Rent repayment orders in serious cases or if licensing is breached.

Homes (Fitness for Human Habitation) Act 2018

This inserted s9A-9C into the 1985 Act: you now have a separate, implied covenant that the dwelling is fit for human habitation at the start and throughout the tenancy.

Fitness looks at things like: repair, stability, freedom from damp, ventilation, natural light, water supply, drainage, cooking facilities, plus all 29 HHSRS hazards.

So even if something falls outside strict "repair" (for example serious condensation mould from poor design), the tenant can now sue under fitness as well as s11.

Renters' Rights Act and Decent Homes

Renters' Rights is bringing in a PRS Decent Homes Standard and Awaab's Law-style repair timelines; these sit on top of Section 11, not instead of it.

Section 11 remains your baseline duty; fitness and Decent Homes add more ways for tenants and councils to enforce if you are slow or minimalist.

5. What forums get wrong about Section 11

The common bad takes you should kill in your guide:

"I can put in the AST that the tenant is responsible for the boiler / roof / structure."

Section 11 is non-excludable for almost all tenancies under 7 years; any clause trying to push statutory repair duties onto the tenant is void and likely unfair under CRA 2015.

"If they don't report it, I have no liability."

You are on the hook once you know or ought to know. Regular inspections, contractor reports and visual signs can all put you on notice even without a formal complaint.

"Condensation mould is always the tenant's lifestyle, so I can ignore it."

Serious damp/mould is both a repair/fitness issue and now squarely in Awaab's Law territory. You must investigate, improve ventilation/heating/fabric where needed and manage tenant behaviour; you cannot just blame them and do nothing.

"Old house, old problems -- that's just how it is."

Age and character are taken into account, but the property still has to be in repair and fit: no active leaks, no dangerous electrics, no serious damp or structural risk.

For PropertyKiln, the stance is:

Section 11 is the statutory minimum standard for your repairs. It is not the ceiling. If you run your portfolio so that every reported defect is logged, triaged and fixed within a sensible timeframe, you are not only complying with ss11-16, you are also staying ahead of fitness claims and Renters' Rights enforcement. If you rely on clauses in the AST and hope nobody notices the mould, you are writing future court bundles for a disrepair lawyer.

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