Repairs
Repairs are the works required to keep a rented property safe, functional, and in the condition the law demands throughout a tenancy. For a landlord, many repairs are not discretionary. They are statutory obligations that apply regardless of what the tenancy agreement says and that cannot be contracted away.
The Section 11 duty: what landlords must repair
The primary statutory repairing obligation is Section 11 of the Landlord and Tenant Act 1985. It applies to virtually all residential tenancies with a term of less than seven years, which encompasses every assured periodic tenancy, every former AST, and every short-term residential let. The duty covers three categories:
Structure and exterior - the roof, walls, foundations, external doors, windows, drains, gutters, and external pipes. If the fabric of the building develops a defect, the landlord must put it right.
Installations for water, gas, electricity, and sanitation - pipes, internal wiring, sockets, taps, basins, sinks, baths, and toilets. The duty is to keep these in repair and in proper working order, which means addressing failures as well as physical damage.
Installations for space heating and heating water - the boiler, radiators, hot water cylinder, thermostats, and associated pipework.
For the full scope of the Section 11 duty, including common parts and how the obligation arises, see our entry on Section 11.
The fitness for habitation duty
Separate from Section 11, the Homes (Fitness for Human Habitation) Act 2018 inserted Section 9A into the Landlord and Tenant Act 1985, requiring that the property is fit for human habitation at the start of the tenancy and remains so throughout. This duty is broader than Section 11 because it can require works that go beyond repairing a specific defect, for example, installing ventilation where mould is a health risk even if no structural element is technically in disrepair. Where a defect does not amount to disrepair in the Section 11 sense but nevertheless makes a property unsafe or unhealthy to occupy, the separate fit for human habitation duty under the 2018 Act may apply.
The repair vs improvement distinction
A landlord's duty under Section 11 is to repair, not to improve. As the Court of Appeal confirmed in Post Office v Aquarius Properties Ltd, repair means restoring a feature to its previous condition, not upgrading or modernising it. Replacing a failed boiler with a like-for-like model is a repair. Installing underfloor heating where none previously existed is an improvement. The distinction matters because the legal obligation attaches only to repair: landlords are required to maintain the original standard of the property, not to enhance it beyond that standard.
The distinction also has tax consequences. Repair costs are deductible against rental income in the year they are incurred. Improvement costs are capital expenditure, relievable only on disposal of the property via capital gains calculations.
What tenants are responsible for
Tenants are required to use the property in a "tenant-like manner". Gov.uk guidance summarises this as: doing small day-to-day maintenance jobs, such as replacing light bulbs, unblocking sinks, and keeping the property reasonably clean and ventilated to prevent condensation. A tenant who causes damage beyond fair wear and tear is responsible for it, the landlord can recover the cost of putting it right from the deposit. A tenant who fails to report a defect promptly, allowing it to worsen, may have a reduced claim if the damage escalates. The process by which a tenant formally notifies a landlord of a defect, and why that notification triggers the legal duty to act, is covered in our entry on reporting a repair.
How quickly must a landlord act?
There is no single statutory timeframe for all repairs. The standard is that a landlord must act within a reasonable time once on notice, with reasonableness assessed by reference to urgency and impact on the tenant. A boiler failure in winter demands a same-day or next-day response. A dripping tap in summer does not. For practical guidance on what counts as a reasonable response time for specific repair types, see our guide to reasonable wait times for repairs.
Where a defect amounts to a Category 1 hazard under the Housing Health and Safety Rating System, dangerous electrics, severe damp and mould, inadequate heating in winter, delay can trigger local housing authority enforcement, including an improvement notice, emergency works, or a prohibition order.
What happens when repairs are not done
A tenant whose landlord fails to carry out repairs has several escalation routes. They can report to the local housing authority, which can inspect and enforce under HHSRS. They can bring a county court claim under Section 11 or the Homes (Fitness for Human Habitation) Act 2018, the latter gives direct court access without needing the council to intervene first, and no-win-no-fee disrepair claims are now common. The court can order repairs, award damages for inconvenience, health impact, and loss of amenity, and, in serious cases, award a rent repayment order.
From working with self-managing landlords across the UK, we find that the landlords most exposed to disrepair claims are not those who ignore emergencies, but those who have no documented trail: no written acknowledgement of the report, no record of the contractor visit, no confirmation to the tenant that the work is done. When a housing disrepair solicitor sends their first letter, that audit trail is the first thing they ask for, and landlords who cannot produce it typically settle.
August's maintenance reporting feature gives landlords a time-stamped record of every repair report, contractor visit, and resolution, the documentation that matters if a disrepair claim or PRS Ombudsman complaint is ever raised.
The Renters' Rights Act and the evolving repairs landscape
The Renters' Rights Act 2025, in force from 1 May 2026, raises the compliance bar in three ways directly relevant to repairs. First, the Decent Homes Standard will extend to the private rented sector, giving tenants a clearer baseline and local authorities stronger enforcement tools. Second, Awaab's Law, which currently imposes statutory investigation and remediation timeframes on social housing landlords for emergency hazards and significant damp and mould, is being extended to the PRS via secondary legislation following consultation; once in force, private landlords will face mandatory timescales for the first time. Third, with Section 21 abolished, repairs handling and documentation have become central to possession risk: a record of neglected repairs weakens any discretionary possession ground, and a record of prompt professional response strengthens it.
For a complete guide to repair responsibilities, who is liable for what, and how to manage the process professionally, see our landlord and tenant repair obligations guide.
Frequently asked questions
What is a landlord legally required to repair under Section 11?
Under Section 11 of the Landlord and Tenant Act 1985, a landlord must keep in repair the structure and exterior of the property (including drains, gutters, and external pipes), the installations for the supply of water, gas, electricity, and sanitation, and the installations for space heating and heating water. These obligations cannot be contracted out of in the tenancy agreement. They apply to all residential tenancies with a term of less than seven years.
What is the difference between a repair and an improvement?
A repair restores a feature to its previous condition. An improvement enhances the property beyond its original standard. The legal obligation attaches only to repair. If a landlord replaces a failed boiler with an equivalent model, that is a repair. If they install a system that is materially better than what was there before, that portion of the cost is an improvement. The distinction also determines whether the expenditure is immediately tax-deductible (repair) or only relievable on disposal (improvement).
Can a tenant take a landlord to court for not doing repairs?
Yes. A tenant can bring a county court claim under Section 11 of the Landlord and Tenant Act 1985 or under the Homes (Fitness for Human Habitation) Act 2018. The 2018 Act allows tenants direct court access without requiring local authority involvement first. No-win-no-fee disrepair claims are now common. A court can order the landlord to carry out repairs, award damages for inconvenience and health impact, and, in serious cases, make additional orders. The tenant must show the landlord was put on notice of the defect and failed to act within a reasonable time.
