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Landlord Responsibilities for Repairs and Maintenance: What the Law Requires

A clear guide to your legal obligations as a private landlord in England for property repairs and maintenance — covering Section 11, the Homes (Fitness for Human Habitation) Act, response times, and what happens if you fail to act.

SM
Sarah Mitchell
··8 min read

As a private landlord in England, you have a legal duty to keep your rental property in good repair and fit for habitation. This is not a matter of goodwill — it is a statutory obligation that exists regardless of what your tenancy agreement says. Even if your tenancy agreement is silent on repairs, the law imposes minimum standards that you must meet.

Understanding these obligations is essential. Failure to carry out repairs can result in legal action by your tenant, enforcement by the local authority, compensation orders, and — under the Renters' Rights Act 2025 — significant consequences for your ability to manage the tenancy effectively.

The law does not require you to provide a luxury home. But it does require you to provide a safe, warm, and structurally sound one.

Section 11 of the Landlord and Tenant Act 1985

The cornerstone of your repair obligations is Section 11 of the Landlord and Tenant Act 1985. This applies to all tenancies granted for a term of less than seven years — which covers virtually every assured shorthold tenancy and every periodic tenancy under the new regime.

Section 11 requires you to keep in repair:

  • The structure and exterior of the property — including the roof, walls, foundations, external doors, windows, drains, gutters, and external pipes
  • Installations for the supply of water, gas, and electricity — including basins, sinks, baths, sanitary conveniences, and their associated pipework
  • Installations for space heating and water heating — including boilers, radiators, and hot water cylinders
In a lease to which this section applies there is implied a covenant by the lessor to keep in repair the structure and exterior of the dwelling-house, and to keep in repair and proper working order the installations for the supply of water, gas and electricity and for sanitation, space heating and heating water.
Section 11(1), Landlord and Tenant Act 1985

The Homes (Fitness for Human Habitation) Act 2018

Since 20 March 2019, the Homes (Fitness for Human Habitation) Act 2018 has implied a covenant into every assured tenancy that the property is fit for human habitation at the start of the tenancy and throughout its duration.

20 March 2019

The Act sets out a list of factors that make a property unfit, including:

  • Repair and stability of the structure
  • Freedom from damp
  • Natural lighting and ventilation
  • Water supply and drainage
  • Facilities for cooking and storing food
  • Freedom from hazards assessed under the Housing Health and Safety Rating System (HHSRS)

If the property falls below the fitness standard, the tenant can take legal action directly against you in the county court — without needing to involve the local authority first. The court can order you to carry out repairs and pay compensation.

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What You Must Repair — and What You Do Not

Your Responsibility

  • Roof leaks, damp penetration, and structural defects
  • Broken boilers, radiators, and heating systems
  • Faulty plumbing — leaking pipes, blocked drains, broken toilets
  • Defective electrical installations (in addition to your EICR obligations)
  • Broken windows and external doors
  • Gutters, downpipes, and external drainage

Typically the Tenant's Responsibility

  • Minor maintenance such as replacing light bulbs, unblocking sinks (where the blockage is caused by the tenant), and replacing smoke alarm batteries
  • Damage caused by the tenant's own negligence or misuse
  • The tenant's own furniture and belongings
  • The garden (unless the tenancy agreement states otherwise)

Response Times and What Is Reasonable

The law does not prescribe specific response times for repairs, but the general standard is that repairs should be carried out within a reasonable time after you have been notified of the problem. What counts as reasonable depends on the nature and urgency of the repair.

  1. Emergency repairs (24 hours). Issues that pose an immediate risk to health or safety — complete loss of heating in winter, a gas leak, a burst pipe causing flooding, or a total loss of electricity. These require an immediate response.
  2. Urgent repairs (1–7 days). Problems that significantly affect the tenant's ability to live in the property — a broken boiler (outside of extreme weather), a leaking roof, a faulty toilet where there is no alternative. These should be addressed within days.
  3. Routine repairs (14–28 days). Issues that are inconvenient but do not pose a health risk or significantly impair the use of the property — a dripping tap, a cracked tile, a stiff window. These should be scheduled and completed within a reasonable timeframe.

Awaab's Law and the Renters' Rights Act

The Renters' Rights Act 2025 extends Awaab's Law to the private rented sector. Named after Awaab Ishak, a two-year-old who died from exposure to mould in a social housing property, this provision will impose specific, legally binding response times for certain hazards — particularly damp and mould.

The detailed regulations are being developed through secondary legislation, but the direction is clear: landlords will be held to defined timescales for investigating and remedying damp, mould, and other serious hazards. Failure to comply will carry penalties and will be recorded on the Property Portal.

What Happens If You Fail to Repair?

Tenant Remedies

  • County court claim. The tenant can sue you for breach of the implied covenants under Section 11 or the fitness for habitation covenant. The court can order you to carry out repairs and award compensation for inconvenience, damage to belongings, and health impacts
  • Rent repayment order. In certain circumstances, the tenant can apply for a rent repayment order, requiring you to repay up to 12 months' rent
  • Ombudsman complaint. Under the Renters' Rights Act, tenants can complain to the Private Rented Sector Ombudsman, who can order compensation and require remedial action

LandlordReady tracks this for you automatically.

Local Authority Enforcement

  • Improvement notice. The local authority can serve a notice requiring you to carry out specific works within a set timescale
  • Prohibition order. In extreme cases, the authority can prohibit the use of all or part of the property
  • Emergency remedial action. The authority can carry out works itself and recover the cost from you
  • Civil penalties. Financial penalties of up to £30,000 for serious or persistent failures

Practical Steps for Staying on Top of Repairs

  • Respond to every repair request promptly. Even if you cannot fix the problem immediately, acknowledge the report and give the tenant a realistic timeline
  • Keep written records of every repair request, your response, and the work carried out. Date everything
  • Carry out periodic inspections (with proper notice) to identify issues before they become serious
  • Build a network of reliable tradespeople. Having trusted plumbers, electricians, and general contractors on call reduces response times
  • Budget for maintenance. A common rule of thumb is to set aside 10–15% of annual rental income for repairs and maintenance. Repairs and maintenance costs are allowable expenses against your rental income

Good Maintenance Is Good Business

Maintaining your property is not just a legal obligation — it is the foundation of a successful letting business. Well-maintained properties attract better tenants, command fair rents, suffer fewer void periods, and cost less in the long run than properties where problems are left to escalate.

Under the new regulatory regime in England, your repair record will be more visible and more consequential than ever. Private landlords in England who treat maintenance as a priority — not an afterthought — will be best placed under the changing rules.

Further Reading

SM

Sarah Mitchell

Head of Compliance

Sarah has spent 15 years advising private landlords on housing regulation. She holds a degree in Housing Law from the University of Westminster and is a member of the Chartered Institute of Housing.

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