Reviewed by Bradley Askew, Solicitor (non-practising), England & Wales. Reviewed 21 June 2026.
The Landlord and Tenant Act 1985 imposes implied repairing obligations on landlords that cannot be contracted out of. Every assured tenancy is subject to sections 11 to 17 of the Act, regardless of what the tenancy agreement says. This page sets out the obligations, the tenant's remedies, and the most common landlord pitfalls.
What the Act does
The Landlord and Tenant Act 1985 is the statute that imposes implied repairing obligations on landlords of residential property — and these obligations cannot be contracted out of. It applies to most short residential tenancies, including assured periodic tenancies. Even where the tenancy agreement is silent on repairs, sections 11 to 17 of this Act fill the gap.
Section 11 — the core repairing obligation
Section 11 implies into every short residential lease (any lease for less than seven years) a covenant by the landlord to:
- Keep in repair the structure and exterior of the dwelling, including drains, gutters, and external pipes.
- Keep in repair and proper working order the installations for the supply of water, gas, and electricity, and for sanitation (basins, sinks, baths, sanitary conveniences).
- Keep in repair and proper working order the installations for space heating and water heating.
"In repair" means: in the condition the items would be in if the property had been properly maintained throughout. The landlord is responsible for putting things right when they break — not merely for what was broken when the tenancy began.
Section 8 — fitness for human habitation
Section 8 of the Act requires the property to be fit for human habitation at the start of the tenancy and throughout. This was strengthened by the Homes (Fitness for Human Habitation) Act 2018, which gave tenants a direct right to sue if the property is not fit.
Factors the court considers in deciding fitness include: damp, mould, ventilation, water supply, drainage, lavatories, heating, food preparation facilities, structural stability, and freedom from hazards.
Section 17 — specific performance
Section 17 allows a tenant to apply to the court for an order requiring the landlord to carry out specific repairs. This is in addition to claims for damages for failure to repair.
When the obligation arises
The landlord's obligation to repair arises when the landlord becomes aware of the disrepair. This is usually when the tenant reports it. The landlord then has a reasonable time to investigate and carry out the works. What is "reasonable" depends on the nature of the defect:
- Emergency repairs (no heating in winter, no hot water, blocked sanitation) — within 24 to 48 hours.
- Urgent repairs (significant damp, leaks, electrical issues) — within a few days to two weeks.
- Routine repairs — within four weeks.
When Awaab's Law is extended to the private rented sector (subject to consultation, post-2028), strict statutory timescales will apply.
Tenant's remedies for disrepair
- Damages for the period the property has been in disrepair — typically a reduction in rent reflecting reduced use and enjoyment, plus damages for inconvenience, distress, and any specific losses.
- Specific performance — an order requiring the landlord to do the works.
- Set-off against rent — the tenant can withhold rent (after due notice and an opportunity to repair) and use it for the repair, or set it off against future rent. This is a procedurally tricky route and usually requires legal advice.
- Local authority enforcement — the tenant can complain to the local authority's environmental health team, which can serve an improvement notice or take other action under the Housing Act 2004.
Common landlord pitfalls
- Treating the tenant's complaint as the start of a debate. The duty arises when the landlord becomes aware. Time runs from notification, not from agreement.
- Blaming "tenant lifestyle" for damp. Some damp is genuinely caused by tenant behaviour (poor ventilation, no heating used, drying clothes indoors). Most is caused by structural issues. Blaming the tenant without investigation is risky.
- Failing to inspect periodically. A landlord cannot rely on "I didn't know" if regular inspections would have revealed the defect.
- Ignoring categories beyond core repairs. Section 11 covers far more than most landlords realise — including external pipes, drains, gutters, and the structure itself.