The landlord's repair obligations under English law are a mixture of implied statutory terms and common law duties. The principal source is Section 11 of the Landlord and Tenant Act 1985, but the Homes (Fitness for Human Habitation) Act 2018 (FFHH Act) and the new Awaab's Law provisions under the Renters' Rights Act 2025 add further layers of obligation that go beyond structural repair.
Understanding the boundary between what you must repair (landlord's obligation) and what the tenant is responsible for (tenant's obligation) is essential — both for protecting yourself in a dispute and for ensuring you respond promptly enough to avoid civil liability.
Section 11 — the implied repair covenant
Section 11 of the Landlord and Tenant Act 1985 applies to all residential tenancies granted for less than 7 years (which covers virtually all private rented tenancies). It implies the following obligations on the landlord:
- Structure and exterior: Keep in repair the structure and exterior of the dwelling — walls, roof, foundations, windows (frames and glass), external doors, gutters, drains, and downpipes
- Installations for water, gas, and electricity: Keep in repair and proper working order all installations for the supply of water, gas, and electricity, and for sanitation (including baths, sinks, basins, and drainage systems)
- Space heating and water heating: Keep in repair and proper working order installations for space heating and the heating of water
- These obligations apply regardless of what the tenancy agreement says — they cannot be excluded or restricted
What Section 11 does NOT cover
Section 11 has important limits:
- Damage caused by the tenant's own negligence or misuse — tenants are responsible for their own damage
- Repairs made necessary by the tenant's failure to use the property in a tenant-like manner
- Improvements or alterations beyond reinstating the original standard
- Items not covered by the definition — for example, garden maintenance, internal decorations (unless damage affects structure)
- The landlord is only obliged to repair once given notice of the defect — the tenant must report repairs
Homes (Fitness for Human Habitation) Act 2018
The FFHH Act 2018 extends the landlord's obligations beyond the specific items in Section 11 to require that the property is fit for human habitation throughout the tenancy. Unfitness can be caused by:
- Damp and mould growth
- Unsafe levels of excess cold or heat
- Overcrowding
- Poor natural lighting
- Inadequate ventilation
- Defective drainage
- Instability of the structure
- Any of the 29 HHSRS (Housing Health and Safety Rating System) hazards
- If a property falls below the fitness standard, tenants can sue in the county court for damages and an order requiring repair — without needing to prove negligence
Awaab's Law — new timeframes from 1 May 2026
The Renters' Rights Act 2025 introduced Awaab's Law for the private rented sector from 1 May 2026. The law sets mandatory response timeframes for reported hazards:
- Emergency hazards (e.g. dangerous structural failure, major gas leak, no heating in winter): investigate within 24 hours; begin remediation within 24 hours
- Damp, mould, and significant hazards: investigate within 14 days; provide a written report within a further 7 days; begin remediation within 7 days of the report
- General repairs: respond within a reasonable time — the Act supplements rather than replaces the reasonableness standard for non-hazard repairs
- Failure to comply with Awaab's Law timeframes gives tenants the right to seek a court order and damages
- Local authorities can issue enforcement notices and civil penalties against non-compliant landlords
Notice — the landlord's right to repair
A key principle of Section 11 is that the landlord's obligation to repair only arises once the landlord has been given notice of the defect. This means:
- Tenants must report defects in writing (email is sufficient) — a verbal report is harder to prove
- Once notified, the landlord must carry out repairs within a reasonable time
- What is 'reasonable' depends on urgency: a boiler failure in winter = days; a minor crack in an outbuilding wall = weeks or months
- Landlords must be given reasonable access to inspect and carry out repairs — 24 hours' written notice
- If a tenant refuses access for repairs, this may affect their ability to claim damages for the defect
Consequences of failing to repair
If a landlord fails to carry out repairs within a reasonable time after notification, the tenant has several remedies:
- County court claim for damages: Compensation for inconvenience, any personal property damaged, and health impacts — claims can be significant for long-running repair failures
- Specific performance: Court order requiring the landlord to carry out the repairs
- Rent withholding: Tenants cannot legally withhold rent but may apply to court to pay into an escrow account in extreme cases
- Local authority referral: Tenants can report disrepair to the council's environmental health team — the council can serve an Improvement Notice requiring remediation
- Awaab's Law enforcement: From May 2026, civil penalties for breach of hazard response timeframes
Frequently asked questions
Is a landlord responsible for fixing a broken boiler?+
Yes. Under Section 11 of the Landlord and Tenant Act 1985, landlords must keep in repair and proper working order installations for space heating and water heating. A broken boiler is a Section 11 repair obligation. Once the tenant reports the fault in writing, the landlord must carry out the repair within a reasonable time — in winter, this means days, not weeks.
Is a landlord responsible for damp and mould?+
Yes, in most cases. Under the Homes (Fitness for Human Habitation) Act 2018, damp and mould that makes a property unfit for habitation is the landlord's responsibility. From 1 May 2026, Awaab's Law requires landlords to investigate reported damp and mould within 14 days, provide a written report within a further 7 days, and begin remediation within 7 days of that report. Failure to comply gives tenants the right to damages and a court order.
Who is responsible for internal decoration?+
Internal decoration is generally the tenant's responsibility unless the need for redecoration arises from a structural defect or dampness that is the landlord's fault. A landlord is not required under Section 11 to redecorate — but if a water leak from the structure has damaged the tenant's decorations, the landlord may be liable for the cost of making good.
Can a landlord make the tenant responsible for repairs in the tenancy agreement?+
No, not for the obligations covered by Section 11. Any clause in a tenancy agreement that purports to transfer Section 11 obligations to the tenant is void and unenforceable under Section 11(4) of the LTA 1985. Tenants remain responsible for their own damage and for using the property in a 'tenant-like manner' — but not for structural, heating, or plumbing repairs.
What can a tenant do if the landlord refuses to make repairs?+
Options include: (1) make a formal written complaint to the landlord documenting the defect and requesting repair within a specified timeframe; (2) report to the local authority's environmental health team, which can serve an Improvement Notice; (3) issue a county court claim for damages and/or specific performance; (4) from May 2026, invoke Awaab's Law timeframes if the defect is a hazard. Tenants should always keep records of all reports and communications.