Emergency repairs are the highest-risk moment in a tenancy for a landlord. The legal exposure from a delayed emergency response spans Section 11 of the Landlord and Tenant Act 1985, the Homes (Fitness for Human Habitation) Act 2018, the HHSRS hazard assessment regime, and Awaab's Law (expected to extend to private landlords under the Renters' Rights Act 2025 — date to be confirmed by secondary legislation).
Awaab's Law is expected to apply to all private landlords in England — date to be confirmed by secondary legislation. Once in force, for High HHSRS hazards (including serious damp, mould, exposed electrics, and structural risk), the required response will be within 24 hours of the tenant's report.
What counts as an emergency repair?
- High HHSRS hazards: Serious damp and mould, exposed live wiring, structural instability, severe fall risks, active gas leaks, 24-hour Awaab's Law response required
- Boiler and central heating failure in cold weather: Loss of heating/hot water in winter, treated as urgent under Section 11 LTA 1985, particularly for vulnerable tenants
- Burst pipes and major water leaks: Active flooding or significant water ingress, risk of structural damage and High (H) damp hazard
- Sewage backup: Immediate health hazard, High HHSRS issue, 24-hour response required
- Electrical faults posing shock or fire risk: Exposed live wiring, tripped fuses, signs of arcing, emergency electrician required
- Roof damage allowing active water ingress: Requires emergency temporary repair (boarding, temporary seal)
- Broken door locks or ground-floor security failures: Security emergency, same-day repair required
Awaab's Law mandatory timeframes for private landlords (PRS extension — date to be confirmed)
| Situation | Required Action | Timeframe |
|---|---|---|
| High HHSRS hazard reported | Respond and begin remediation | 24 hours |
| Any hazard report received | Investigate and inspect | 14 days |
| Investigation complete, cause identified | Commence remedial works | 42 days |
| All stages | Maintain timestamped documentation | Ongoing |
Section 11 LTA 1985, the statutory repair duty
Section 11 of the Landlord and Tenant Act 1985 applies to virtually all residential tenancies in England. It requires landlords to keep in repair and proper working order: (1) the structure and exterior of the dwelling; (2) all installations for heating, water, gas, electricity, and sanitation. The standard is fitness for purpose, not improvement or upgrade. Breach of Section 11 entitles the tenant to sue for damages, including the cost of temporary accommodation where the property becomes uninhabitable.
Granting emergency access
In a genuine emergency, you may attend the property on short notice, a brief phone call immediately before attending is legally sufficient for a genuine emergency under Section 11's implied access right. If the tenant refuses emergency access, document the refusal in writing immediately (time-stamped email or text). Do not force entry except where there is an immediate life-threatening risk. If access is refused for an emergency repair, apply to the court for an access injunction, this protects you from a later claim that you failed to repair.
Emergency-ready landlord checklist
- Emergency contractor agreements with 24-hour plumber, electrician, Gas Safe engineer, and roofer, signed and documented for each property
- Current Gas Safety Certificate, EICR, and smoke/CO alarm checks, an out-of-date certificate when an emergency occurs creates immediate additional liability
- Emergency response log template, date/time of report, date/time of first response, attendance, findings, remediation plan, completion date
- Tenant emergency contact procedure, given at tenancy start, specifying what counts as an emergency, how to report it, and expected response time
- Boiler cover policy with emergency call-out included, check cover includes parts and labour, not labour only
A dated log of the report, your response time, your attendance, and works completed is your protection against a damages claim or Awaab's Law enforcement action. Silence in your records is assumed to mean failure to act.