Landlord Responsibilities for Repairs and Maintenance: What the Law Requires

What repairs is a landlord responsible for?

If you are a private landlord in England, you must keep the structure and exterior of the home in repair, and keep the water, gas, electricity, sanitation, heating and hot water installations in repair and proper working order (Landlord and Tenant Act 1985, s11). The home must also be fit for human habitation at the start of the tenancy and throughout it (s9A). The law sets no fixed response times for private landlords: once you know about a problem, you must fix it within a reasonable time.

Section 11: the repairing covenant

Section 11 is written into every lease of a dwelling for a term of less than seven years (s13). Since 1 May 2026 almost every private tenancy in England is an assured periodic tenancy, so in practice section 11 covers every private tenancy. It says:

There are three limits in s11(2). You do not have to repair damage the tenant is liable for because they failed to use the property in a "tenant-like manner". You do not have to rebuild after fire, flood, storm or other inevitable accident. And you do not have to repair anything the tenant is entitled to remove. In a flat, the duty extends to parts of the building and installations that you own or control and that serve the flat (s11(1A)).

You cannot contract out of section 11. Under s12, a tenancy term that tries to exclude or limit it, or to penalise the tenant for relying on it, is void unless the county court authorised it.

Fitness for human habitation

Under the Homes (Fitness for Human Habitation) Act 2018, which inserted s9A into the 1985 Act, you must also ensure the home is fit for human habitation when the tenancy is granted and remains fit throughout. This has applied to new tenancies since 20 March 2019 and to periodic tenancies that already existed then from 20 March 2020 (s9B).

The matters that decide fitness are listed in s10: repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, facilities for preparing and cooking food and disposing of waste water, and any hazard prescribed under the Housing Health and Safety Rating System (HHSRS). A home is unfit only if it is "so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition". The same exceptions for tenant damage and inevitable accident apply.

This duty goes further than section 11. A home can be in good repair and still be unfit, for example because of a dangerous layout or severe condensation mould caused by poor ventilation.

Who fixes what

Separate rules cover smoke and CO alarms and electrical safety.

When the duty starts, and how fast you must act

You are liable for disrepair inside the tenant's home only once you have notice of it, and only if you then fail to repair it within a reasonable time. This is the rule from O'Brien v Robinson, as summarised in Shelter Legal on notice of disrepair. Notice does not have to be in writing. It can come from the tenant, your agent or contractor, or a council officer. The notice rule does not apply to common parts you control.

There is no statutory definition of a "reasonable time", and no fixed response times currently apply to private landlords. What is reasonable depends on how serious the defect is and how vulnerable the occupiers are. A gas leak or total loss of heating in winter needs an immediate response; a dripping tap does not. Any list of "24 hours / 7 days / 28 days" deadlines for private landlords is guidance or contract wording, not law.

That will change for hazards. The Renters' Rights Act 2025 contains powers to apply Awaab's Law (fixed deadlines to investigate and fix damp, mould and other serious hazards) to private tenancies. It already applies to social landlords, but the government has not set a date for private landlords and has said it will consult first (Guide to the Renters' Rights Act).

To inspect the property's condition, s11(6) lets you or someone you authorise in writing enter at reasonable times of day on 24 hours' written notice to the occupier.

What happens if you don't repair

The tenant can:

• bring a county court claim for breach of s11 or s9A, asking for an order that you do the work and for damages
• apply for a rent repayment order, but only if you have committed a listed offence, such as failing to comply with an improvement notice. The Renters' Rights Act raised the maximum to two years' rent (Housing and Planning Act 2016, s40 and s44). See our rent repayment orders guide
• complain to the council, and in future to the PRS Landlord Ombudsman, which is not yet operating

The council can, under Part 1 of the Housing Act 2004:

• serve an improvement notice or a prohibition order, or take emergency remedial action and recover its costs
• fine you up to £7,000 if a Category 1 hazard existed and it was reasonably practicable for you to remove it. This power has been in force since 22 June 2026 (GOV.UK)
• treat failure to comply with an improvement notice as an offence (s30), then either prosecute or impose a civil penalty of up to £40,000 for offences on or after 1 May 2026 (£30,000 before) under s249A. A reasonable excuse is a defence to the offence

See landlord fines and civil penalties for how councils set the amount.

Frequently Asked Questions

How long do I have to fix a repair?

A reasonable time after you are told about it. The law sets no fixed deadlines for private landlords. What is reasonable depends on how serious the problem is: a gas leak, no heating in winter or a serious water leak needs action straight away, and a minor defect can be scheduled. Fixed Awaab's Law deadlines for damp, mould and other serious hazards are planned for private rentals, but no date has been set.

Can I charge my tenant for repairs?

Not for work that falls under section 11 or the fitness duty. A tenancy term that makes the tenant pay for it is void under section 12. You can recover the cost of damage the tenant caused through misuse or by not using the property in a tenant-like manner, either by agreement or, at the end of the tenancy, through the deposit scheme's process.

What is the difference between a repair and wear and tear?

Fair wear and tear is the gradual deterioration that comes from normal use, such as faded paint or worn carpet. You cannot charge the tenant for it. Disrepair to the structure, exterior or installations is your responsibility under section 11, whatever caused it, unless the tenant caused it through misuse. Damage beyond normal use caused by the tenant can be recovered from them.

What happens if I ignore a repair request?

The tenant can sue in the county court for an order and damages. The council can serve an improvement notice and, since 22 June 2026, fine you up to £7,000 for a Category 1 hazard you could reasonably have removed. Ignoring an improvement notice is a criminal offence, with a civil penalty of up to £40,000 or prosecution, and it can lead to a rent repayment order of up to two years' rent.

Do I need to fix cosmetic damage?

Not purely cosmetic marks that do not affect the structure, installations or fitness of the home. Look for cosmetic symptoms of real defects, though. Peeling paint from damp, or cracked render that lets in water, points to disrepair you must deal with.

This article is general guidance, not legal advice.