Landlord repair obligations for most rented homes in England come from two parts of the Landlord and Tenant Act 1985. Section 11 requires the landlord to keep the structure and exterior, and the installations for water, gas, electricity, sanitation and heating, in repair, and section 9A requires the home to be fit for human habitation. Councils can also act against serious hazards, and social landlords must meet the timescales of Awaab’s Law. This guide explains each duty, the importance of notice and what happens in a housing disrepair claim.
This guide is general information, not legal advice. The position depends on the tenancy and the facts, and landlords and tenants should obtain legal advice on their own circumstances.
Where landlord repair obligations come from
A landlord’s repairing duties may arise from several sources:
- The tenancy agreement – any express repairing terms.
- Section 11 of the Landlord and Tenant Act 1985 – repair of the structure, exterior and installations.
- Section 9A of the Landlord and Tenant Act 1985 – fitness for human habitation.
- The Housing Health and Safety Rating System (HHSRS) – council assessment and enforcement under Part 1 of the Housing Act 2004.
- Awaab’s Law – fixed timescales for hazards in social housing.
- Section 4 of the Defective Premises Act 1972 – a duty of care in respect of defects.
This guide focuses on England. In Wales, most residential lettings are now occupation contracts under the Renting Homes (Wales) Act 2016, which have their own rules.
Section 11: structure, exterior and installations
Section 11 of the Landlord and Tenant Act 1985 implies covenants into qualifying tenancies that the landlord will:
- keep in repair the structure and exterior of the home, 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, including basins, sinks, baths and toilets
- keep in repair and proper working order the installations for space heating and heating water
For flats, the obligation can extend to the structure and exterior of the building, and installations serving the flat, in parts the landlord owns or controls, where the disrepair affects the tenant’s enjoyment of the flat or the common parts.
What section 11 does not cover
The landlord is not required to carry out works the tenant is liable for through the duty to use the property in a tenant-like manner, to rebuild after fire, flood or other inevitable accident, or to repair items the tenant is entitled to remove.
From a surveying perspective, section 11 is an obligation to repair, not generally to improve. A home may therefore suffer from condensation and mould without there being disrepair in the legal sense, which is one reason the fitness covenant in section 9A matters.
Which tenancies are covered
Under section 13, section 11 applies to leases of a dwelling granted on or after 24 October 1961 for a term of less than seven years. In practice this covers most periodic and shorter fixed-term tenancies. There are exceptions, and section 13 was amended by the Renters’ Rights Act 2025 from 27 December 2025, so a particular tenancy should be checked with a legal adviser. Long leaseholders are not covered; their position depends on their lease.
The notice requirement
For defects within the tenant’s own home, a landlord is generally not in breach of its repairing obligation until it has notice of the disrepair and has then failed to carry out the repair within a reasonable time. This principle was established by the House of Lords in O’Brien v Robinson (1973).
In practice:
- Notice does not have to be in writing, but a written, dated report is strongly advisable.
- Notice usually comes from the tenant, but may also come through the landlord’s own staff, contractors or an inspection.
- The position can be different for parts the landlord has retained, such as common parts.
- Under Awaab’s Law, the timescales for social landlords run from when the landlord becomes aware of a potential hazard.
Government guidance advises tenants to contact the landlord straight away about faults that could damage health. For landlords, a clear reporting route and records of when each report was received and how it was dealt with are essential.
Section 9A: fitness for human habitation
The Homes (Fitness for Human Habitation) Act 2018 inserted section 9A into the Landlord and Tenant Act 1985 from 20 March 2019. It implies a covenant that the home is fit for human habitation at the start of the tenancy and will remain fit throughout it. It applies to homes in England let on most tenancies of less than seven years, including periodic tenancies.
Under section 10, regard is had to the condition of the home in respect of:
- repair and stability
- freedom from damp
- internal arrangement
- natural lighting and ventilation
- water supply, drainage and sanitary conveniences
- facilities for preparing and cooking food and disposing of waste water
- any prescribed hazard under the HHSRS
A home is unfit if it is so far defective in one or more of these matters that it is not reasonably suitable for occupation in that condition. There are exceptions, including unfitness mainly caused by the tenant’s own breach, and damage from fire, storm, flood or other inevitable accident. Any term that tries to exclude or limit the covenant is void.
A tenant can take the landlord to court, and the court can order works and award compensation. For damp and mould, section 9A can be relevant even where the cause is not disrepair, which is why establishing the cause before the cure is so important.
The HHSRS and council enforcement
Councils use the Housing Health and Safety Rating System to assess risks to health and safety in homes. It was revised from 23 June 2026, reducing the number of hazards from 29 to 21. For a Category 1 hazard, the council has a duty to act; for a Category 2 hazard, a power. Options include hazard awareness notices, improvement notices, prohibition orders and emergency action. According to the government’s HHSRS landlord and agent guide, councils can impose civil penalties of up to £7,000 when first taking action on a Category 1 hazard in qualifying premises, and up to £40,000 for failing to comply with an improvement notice (offences from 1 May 2026). Our guide to the HHSRS damp and mould hazard explains how assessments work.
Awaab’s Law for social landlords
Social landlords in England have additional duties under Awaab’s Law, implied into social housing tenancies through section 10A of the Landlord and Tenant Act 1985. Since 27 October 2025, emergency hazards must be investigated and made safe within 24 hours of the landlord becoming aware. Significant damp and mould hazards must be investigated within 10 working days, with a written summary to the tenant within 3 working days and relevant safety work within 5 working days of the investigation concluding. Further hazards are added from 30 November 2026 and in 2027. Our guide to what is Awaab’s Law explains the rules, and the Awaab’s Law timeline sets out each phase.
Awaab’s Law does not yet apply to private landlords; the Renters’ Rights Act 2025 contains powers to extend it, but no start date has been confirmed. Our guide to Awaab’s Law for private landlords explains the duties that already apply.
What happens in a housing disrepair claim
Most housing conditions claims in England follow the Pre-Action Protocol for Housing Conditions Claims, which covers claims under section 11, section 9A, section 4 of the Defective Premises Act 1972 and related common law claims. In outline:
- Letter of claim. The tenant sets out the defects, their history, any notice previously given and the effect on the household.
- Landlord’s response. The landlord should normally reply within 20 working days, stating whether liability is admitted, with a schedule of intended works and dates, and addressing compensation.
- Expert evidence. The Protocol encourages a single joint expert, or otherwise a joint inspection. The inspection should take place within 20 working days of the landlord’s response, and a single joint expert’s report should follow within 10 working days.
- Resolution. The parties should consider alternative dispute resolution, including, for social housing tenants, the Housing Ombudsman.
An RICS Chartered Surveyor acting as expert can establish what defects exist, what caused them, what works are needed and their likely cost, with an overriding duty to the court. Our housing disrepair survey service provides CPR Part 35 reports for this purpose, and our damp and mould expert witness service focuses on the causation questions that damp claims often turn on.
How Lansdown Associates can help
Our RICS Chartered Surveyors act for tenants, private landlords, social landlords and their solicitors, and our director John Jackson MRICS MEWI is a member of the Expert Witness Institute (EWI). We can inspect a property, diagnose the cause of defects and provide an independent report. Legal questions remain a matter for your solicitor.
Call 0151 374 0905 or email office@lansdownassociates.co.uk (Monday to Friday, 09:00 to 17:00).
Frequently asked questions
Is a landlord responsible for condensation mould?
It depends on the cause. Condensation linked to a building defect, or to inadequate heating, ventilation or insulation, may engage section 11, section 9A or the HHSRS, although condensation alone may not amount to disrepair. An independent inspection is usually needed to establish the cause.
How long does a landlord have to carry out repairs?
Under section 11, repairs should be carried out within a reasonable time after the landlord has notice, which depends on the nature and urgency of the defect. Social landlords must also meet the fixed Awaab’s Law timescales for qualifying hazards.
