Landlord and Tenant Act 1985: Repairing Obligations

Reviewed by Bradley Askew, non-practising solicitor, England & Wales. Reviewed 9 July 2026.

This page is general information about the law in England and Wales as TAS understands it. It is not a substitute for advice on your specific circumstances, and it does not create a solicitor-client relationship.

The Landlord and Tenant Act 1985 imposes implied repairing obligations on landlords of residential property that cannot be contracted out of. Sections 11 to 17 apply to most short residential tenancies, including assured tenancies and the periodic assured tenancies created by the Renters' Rights Act 2025 — regardless of what the written agreement says or omits. This page sets out what the Act actually requires, how it interacts with the Homes (Fitness for Human Habitation) Act 2018, what changed (and didn't) on 1 May 2026, tenants' remedies, and the pitfalls that catch landlords out most often.

What changed under the Renters' Rights Act 2025 — and what didn't

From 1 May 2026, Section 21 "no fault" evictions were abolished and most assured shorthold tenancies in the private rented sector converted to periodic assured tenancies with no fixed end date. See our full Renters' Rights Act 2025 guide and what the end of fixed-term tenancies means in practice.

The repairing and fitness obligations in the 1985 Act were not touched by this reform. Sections 11 to 17 continue to apply in full to assured tenancies, whether fixed-term (for tenancies that pre-date the reform and haven't yet rolled over) or periodic. A landlord's duty to repair the structure, keep installations working, and meet the fitness-for-habitation standard is unaffected by whether the tenancy has a fixed term or is periodic, and by whether possession is later sought under an expanded Section 8 ground.

What the Act does

The Landlord and Tenant Act 1985 is the statute that implies repairing obligations into most short residential tenancies (leases of less than seven years), filling the gap whether or not the written tenancy agreement says anything about repairs. It cannot be excluded or reduced by agreement between the parties — any clause purporting to do so is void.

Section 11 — the core repairing obligation

Section 11 implies into every qualifying short lease 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 in proper working order the installations for the supply of water, gas, and electricity, and for sanitation (basins, sinks, baths, sanitary conveniences) — but not other fixtures or appliances that merely make use of those supplies.
• Keep in repair and in proper working order the installations for space heating and water heating.

Where the dwelling is part of a larger building the landlord has an interest in (a block of flats, for example), the covenant extends to the structure of that building and to shared installations serving the dwelling, subject to the landlord being able to obtain the necessary access rights (section 11(1A)–(3A)).

"In repair" means the condition the property would be in if it had been properly maintained throughout its life, having regard to its age, character and locality (s.11(3)). The landlord is responsible for putting things right when they break — not merely for what was already broken when the tenancy began.

What the covenant does not require: works the tenant is liable for through their duty to use the property in a tenant-like manner, rebuilding after fire, storm or flood, or maintaining anything the tenant is entitled to remove (s.11(2)). A tenant covenant purporting to make the tenant responsible for these matters is of no effect (s.11(4)).

Section 9A — fitness for human habitation

This is a common source of confusion: the Act's original fitness provision, Section 8, is tied to rent limits that have not been updated since the 1950s and is now effectively a dead letter for almost every modern tenancy.

The operative fitness duty for tenancies today is Section 9A, inserted by the Homes (Fitness for Human Habitation) Act 2018, in force from 20 March 2019. Section 9A implies a covenant that the dwelling is fit for human habitation when the tenancy is granted, and will remain fit throughout the term. It applies to:

• Tenancies of seven years or less granted on or after 20 March 2019, including new secure, assured and introductory tenancies and renewed fixed terms.
• All periodic tenancies (including ones that started before that date) from 20 March 2020 onward.

The covenant does not require the landlord to remedy unfitness caused by the tenant's own behaviour or possessions, by fire/storm/flood, or where the landlord has made reasonable efforts but been unable to obtain a third party's consent (s.9A(2)–(3)). It is void to contract out of it (s.9A(4)), and a court can order specific performance regardless of the usual equitable restrictions on that remedy (s.9A(5)).

Section 10 — what "unfit" actually means

Section 10 sets the test: a dwelling is unfit for human habitation only if it is so defective, in one or more listed respects, that it is not reasonably suitable for occupation in that condition. The matters a court has regard to include repair, stability, damp, layout, natural light, ventilation, water supply, drainage and sanitary facilities, food preparation facilities — and any prescribed hazard under the Housing Health and Safety Rating System (HHSRS), made under the Housing Act 2004. Courts decide fitness on this statutory test; a formal HHSRS assessment is not a legal precondition, though it is often used as supporting evidence.

Section 17 — specific performance

Section 17 allows a tenant to apply to the county court for an order of specific performance — compelling the landlord to actually carry out the repairs — and this is available regardless of the traditional equitable rules that would otherwise restrict that remedy. It sits alongside, not instead of, a damages claim.

When the obligation to act arises

The landlord's duty to repair is triggered by the landlord becoming aware of the defect — usually when the tenant reports it (for defects inside the demise) or immediately, for hazards in common parts of a block or an HMO, where the landlord is treated as liable without needing notice. The landlord then has a reasonable time to investigate and carry out the works, and what counts as reasonable depends on the severity and nature of the defect — the case law approach, not a fixed statutory clock, for the ordinary repairing obligation.

This is a genuinely important distinction from Awaab's Law, which does impose fixed statutory timescales — but currently only for social housing, phased in from 27 October 2025. The government's own implementation roadmap places extension of Awaab's Law to the private rented sector in Phase 3 of the Renters' Rights Act 2025 rollout, alongside a modernised Decent Homes Standard for the PRS, and states plainly that timescales for both are "subject to consultation" with no date yet confirmed. Anything claiming a fixed private-sector Awaab's Law start date should be treated with caution until the government publishes it.

Tenant's remedies for disrepair

• Damages for the period the property has been in disrepair — typically a reduction reflecting reduced use and enjoyment, plus damages for inconvenience, distress, and specific losses (damaged belongings, alternative accommodation costs).
• Specific performance under section 17 — a court order requiring the landlord to do the works.
• Set-off against rent — in narrow circumstances a tenant may arrange and pay for urgent repairs themselves and deduct the reasonable cost from rent, after giving the landlord proper notice and a genuine opportunity to act. This is a procedurally technical, high-risk route.
• Local authority enforcement — a tenant (or anyone) can report disrepair to the local authority's environmental health team. Under the Housing Act 2004, where an HHSRS inspection identifies a Category 1 hazard, the authority must take action, most commonly an improvement notice; for a Category 2 hazard it has a discretionary power to act. Ignoring a valid improvement notice is a criminal offence. See our Housing Act 2004 guide for the full enforcement framework.

Common landlord pitfalls

• Treating the tenant's complaint as the start of a negotiation. The duty to act arises on notification, not agreement — the clock is already running while the landlord is deciding what to do.
• Blaming "tenant lifestyle" for damp without investigating. Some damp genuinely is caused by tenant behaviour; a lot is caused by structural issues such as failed damp-proofing, poor ventilation design or thermal bridging. Section 10 now expressly directs attention to damp as a fitness factor. Blaming the tenant without a proper inspection is a real litigation risk.
• Not inspecting periodically. A landlord cannot rely on "I didn't know" if reasonable inspection would have revealed the defect, particularly in common parts or HMOs where the section 9A duty can bite without any tenant report at all.
• Underestimating the scope of Section 11. It covers structure, exterior, drains, gutters, external pipes, and the gas, electricity, water and heating installations — a wider list than many landlords assume, and one that overlaps directly with the annual gas safety certificate duty and, for energy performance, the EPC and MEES regulations.
• Assuming the Renters' Rights Act 2025 loosened repairing standards. It didn't — it changed how tenancies end and how possession is sought, not what condition the property must be kept in. If anything, the direction of travel (Awaab's Law, a modernised Decent Homes Standard) is toward tighter, statutory-timescale enforcement in the PRS in the coming years.
• HMO landlords overlooking common-parts liability. Where a let dwelling is part of a larger building or an HMO, section 9A's fitness duty and section 11's repairing duty both extend to shared parts the landlord controls. See our HMO rules guide for the additional licensing and management duties that sit alongside this.

A well-drafted written tenancy agreement won't remove these implied duties — it can't — but it should still set out the parties' practical repair-reporting process clearly; see our tenancy agreement template if you need a starting point. Deposit handling is a separate compliance track entirely — see our tenancy deposit protection guide — but disrepair disputes and deposit disputes often surface together at the end of a tenancy, so it pays to keep both files clean.

Authoritative sources

• Landlord and Tenant Act 1985, Section 11 — repairing obligations (legislation.gov.uk)
• Landlord and Tenant Act 1985, Section 9A — fitness for human habitation (legislation.gov.uk)
• Landlord and Tenant Act 1985, Section 10 — meaning of unfit for human habitation (legislation.gov.uk)
• Landlord and Tenant Act 1985, Section 17 — specific performance (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
• GOV.UK — Guide for landlords: Homes (Fitness for Human Habitation) Act 2018
• GOV.UK — Implementing the Renters' Rights Act 2025: implementation roadmap
• Renters' Rights Act 2025 (legislation.gov.uk)
• GOV.UK — Housing Health and Safety Rating System (HHSRS): landlord and agent guide