The scope of LTA 1985 s.11 — structure, exterior, and installations
- Structure and exterior: roof, walls, foundations, windows, external doors, gutters, and drains — not purely cosmetic internal plaster unless cracking results from a structural defect
- Installations for water, gas, electricity, and sanitation: WCs, basins, baths, sinks, and directly connected plumbing must be in repair and proper working order
- Space heating and water heating: boilers, radiators, and hot water cylinders — a broken boiler leaving a tenant without heating is a classic s.11 breach
- What is NOT covered: accidental damage (unless caused by the landlord’s failure), improvements (not repairs), or damage caused by the tenant’s own acts
- Homes Act 2018 — s.9A LTA 1985: from 20 March 2020 the dwelling must be fit for human habitation throughout; tenant can bring a civil claim for breach independently of local authority enforcement
s.11 cannot be contracted out of
Any clause requiring the tenant to carry out structural repairs is void under s.12 LTA 1985. Landlords cannot shift the implied s.11 obligation onto the tenant by any provision of the tenancy agreement.
The pre-action protocol for housing conditions — 4 steps
- Step 1 — preliminary notice: tenant sends a letter of claim specifying the defects, the date the landlord was first notified, the loss suffered, and the remedies sought; landlord has at least 20 working days to respond
- Step 2 — landlord response: confirm whether liability is accepted or disputed, grounds for dispute, and proposed repair schedule; failure to respond within 20 working days may attract costs sanctions
- Step 3 — single joint expert: both parties are encouraged to jointly instruct a chartered surveyor or environmental health officer; a landlord who refuses an inspection risks adverse findings at trial
- Step 4 — schedule of works: where liability is accepted, agree works, timescale, and monitoring mechanism; if agreement fails the tenant may issue proceedings
- Costs consequences: non-compliance may result in indemnity costs orders or disallowance of costs even where the claim succeeds on its merits
Legal aid, QOCS, and conditional fee agreements
- Legal aid: housing conditions claims including an injunction are in scope under LASPO 2012 Schedule 1 Part 1 — means and merits tested; tenants with low income can access publicly funded solicitors
- QOCS: under CPR r.44.13–44.17, where the claim includes a personal injury element (asthma, respiratory conditions from damp) the tenant ordinarily cannot be ordered to pay the landlord’s costs if the claim fails
- Conditional fee agreements: disrepair solicitors typically act no-win no-fee with a success fee up to 100% on base costs; QOCS plus CFAs means many tenants face zero personal financial risk
- Landlord’s total exposure: repairs + general damages (typically £1,000–£5,000 per year of disrepair) + special damages + personal injury + tenant’s legal costs including success fee — a modest claim can generate £20,000–£50,000+ exposure
Landlord defences — notice, reasonable time, access, and tenant causation
- No notice: the s.11 obligation does not arise until the landlord has actual notice of the specific defect — a general complaint is insufficient; HMO or block common parts give constructive notice without a specific report
- Reasonable time: once notified, the landlord has a reasonable time to carry out repairs; urgency, complexity, and access affect what is reasonable — document every investigation and remediation step
- Tenant refused access: under s.11(6) LTA 1985 the landlord may enter on 24 hours’ written notice; if the tenant refuses access the landlord is not in breach — keep written records of every access request and refusal
- Tenant causation: condensation damp from failure to ventilate is distinguished from penetrating or rising damp — expert evidence from a chartered surveyor is essential
- Counterclaim for rent arrears: where the tenant is in arrears the landlord can counterclaim; the court sets off the amounts — significant arrears provide settlement leverage