Section 11 Landlord and Tenant Act 1985: What Tenants Need to Know

What does the Landlord and Tenant Act 1985 require?

The Landlord and Tenant Act 1985 is the core piece of legislation governing repair obligations in residential tenancies in England. Section 11 of the Act 1985 places an implied obligation on landlords that cannot be excluded or modified by the tenancy agreement, regardless of what any written contract says.

Section 11 generally applies to residential leases granted on or after 24 October 1961 for terms of less than seven years, subject to the detailed rules in sections 13 and 14 and other statutory exceptions. It commonly applies to private, council and housing-association tenancies, but the tenancy type and terms must be checked.

What does section 11 of the Landlord and Tenant Act 1985 cover?

Section 11 imposes three distinct duties on the landlord.

First: structure and exterior. The landlord must keep in repair the structure and exterior of the dwelling. This includes:

• External walls, roof, and foundations
• External windows and external doors (frames, seals, and glazing)
• Gutters, downpipes, and external drains
• External staircases and balconies in flats
• Any shared structural elements in a block (where the landlord is responsible under the lease)

Second: heating and hot water. The landlord must keep in repair and proper working order the installations for space heating (central heating, boilers, radiators) and water heating (immersion heaters, combination boilers).

Third: plumbing, gas, and electrical supply. The landlord must keep in repair and working order the installations for the supply of water, gas, and electricity. This covers pipes, drains, baths, basins, sinks, and toilets, as well as the fixed wiring and supply infrastructure.

The phrase "repair and proper working order" in section 11 is significant. A boiler that works intermittently, a heating system that cannot heat the property to a reasonable temperature, or a water supply that delivers only cold water where hot water is expected are all failures of "proper working order".

What repairs are outside the section 11 duty?

Tenant-installed fixtures. If the tenant fitted a shower, an appliance, or any other installation themselves, section 11 does not require the landlord to repair it.

Internal decoration. Repainting walls, replacing carpets, or refitting kitchens are not section 11 obligations. However, if damp caused by the landlord's failure has damaged the decoration, the cost of redecoration may be recoverable as special damages.

Damage caused by the tenant. Where the tenant has caused the disrepair, the section 11 duty does not arise in respect of that damage.

Appliances. White goods and other appliances supplied by the landlord are not automatically within section 11, unless they form part of the heating or water heating system.

Small-scale wear and tear. Section 11 is concerned with repair, not cosmetic maintenance.

When is the landlord's repair duty triggered?

A landlord is not in breach of section 11 the moment a defect appears. The duty to repair is triggered by notice: the landlord must know about the problem before the obligation to remedy it arises. This is why written notification of any defect is the most important practical step a tenant can take.

Once the landlord has notice, they are required to carry out the repair within a reasonable time. What is reasonable depends on the severity and urgency of the defect:

• A complete heating failure in January is urgent. A reasonable period is days, not weeks.
• Significant water ingress through a roof defect causing active damage is urgent.
• A hairline crack in an external wall with no immediate structural concern may allow a longer period.

For social housing tenants, Awaab's Law imposes specific deadlines on top of the section 11 "reasonable time" standard. For the full timetable, see our guide to Awaab's Law deadlines.

Section 11 and Awaab's Law: overlapping obligations

For council and housing association tenants, two layers of obligation now apply simultaneously. Section 11 defines what must be repaired. Awaab's Law adds the timetable: it defines when the landlord must respond.

Completing a repair does not erase an earlier section 11 breach caused by unreasonable delay after notice. A relevant social landlord may also breach the separate Awaab's Law timetable. Liability and available remedies depend on the facts and evidence.

For private tenants, the Homes (Fitness for Human Habitation) Act 2018 operates alongside section 11 as a second implied term, requiring the property to remain fit for human habitation throughout the tenancy.

What happens when a landlord breaches section 11?

A landlord that fails to carry out a section 11 repair after receiving notice is in breach of a statutory duty.

County court claim for damages. The primary remedy is a claim for compensation. General damages are calculated using the rent-percentage formula. Special damages cover documented losses. Personal injury damages apply where the disrepair has caused or worsened a health condition.

Specific performance. The court can order the landlord to carry out the repairs in addition to awarding compensation.

Injunction. In urgent cases where the disrepair poses an ongoing risk to health or safety, an interim injunction can be applied for.

The process for bringing a county court claim follows the Pre-Action Protocol for Housing Disrepair. For a full explanation, see Pre-Action Protocol. For a worked example of compensation in a section 11 breach case, see our compensation calculator.

How to start your disrepair claim

If your landlord has been notified of a potential section 11 repair and has not acted within a reasonable time, obtain an assessment of duty, notice, breach, causation, limitation and remedy. Eligible cases may be offered No Win, No Fee funding. For a full guide to the claim process, see housing disrepair claim.

This article provides general legal information only. It does not constitute legal advice on any specific case. Awaab's Law Claims Specialists is a trading name of Driscoll Kingston & Co Limited, authorised and regulated by the Solicitors Regulation Authority (SRA No. 839699).