Section 11

Section 11 of the Landlord and Tenant Act 1985 sets out the statutory repairing obligations that apply to most residential tenancies in England and Wales. It implies a covenant, a legally binding duty, into every qualifying tenancy agreement requiring the landlord to maintain the structure and exterior of the property and to keep certain essential installations in repair and proper working order. These duties apply regardless of what the tenancy agreement says: any clause attempting to transfer Section 11 obligations to the tenant, or to reduce them, has no legal effect.

Section 11 cannot be contracted out of. A landlord who includes a clause in the tenancy agreement purporting to make the tenant responsible for structural repairs or boiler maintenance has not actually transferred the obligation, the clause is simply unenforceable.

Which tenancies does Section 11 apply to?

Section 11 applies to most short residential leases, in practice, virtually all assured shorthold tenancies, assured tenancies, and periodic tenancies in England and Wales. It applies to both private and social landlords equally.

The main exceptions are tenancies granted for a fixed term of seven years or more, and tenancies that began before 24 October 1961. It does not apply to licence agreements, so a lodger sharing accommodation with a resident landlord, or someone living in a hostel under a licence, is not protected by Section 11 (though the licence agreement may include similar terms).

What the landlord must repair

Section 11 imposes obligations across three broad categories:

Structure and exterior. The landlord must keep the structure and exterior of the dwelling in repair. This covers the roof, walls, foundations, floors, windows, external doors, drains, gutters, and external pipes. Structural disrepair for example damp caused by a failing damp-proof course, a leaking roof, cracked external walls, falls squarely within this obligation.

Essential service installations. The landlord must keep in repair and proper working order the installations in the dwelling for the supply of water, gas, and electricity, and for sanitation. This includes pipes, wiring, the electrical consumer unit, basins, sinks, baths, sanitary conveniences, water tanks, and drainage systems. The obligation covers the installation itself, not appliances that use it, a faulty pipe is a Section 11 issue; an oven that plugs into a socket is a separate question (see below).

Space heating and hot water. The landlord must keep in repair and proper working order the installations for space heating and heating water. In practice this means the boiler, radiators, immersion heater, and any underfloor heating system. A failed boiler is the most frequently cited Section 11 repair, and where it fails in cold weather, urgency applies.

What the landlord is NOT required to repair

Section 11 is comprehensive but not unlimited. The landlord is not required to:

Carry out repairs caused by the tenant's own misuse or failure to behave in a tenant-like manner. If a tenant breaks a window through carelessness, that is not the landlord's obligation under Section 11.

Rebuild or reinstate the property in the event of fire, flood, storm, or other unavoidable accident. Section 11 does not require a landlord to restore a property destroyed by flood to its pre-flood condition, that is an insurance and lease question, not a statutory repair duty.

Repair or maintain anything the tenant is entitled to remove from the property. Items that are the tenant's own belongings fall outside Section 11.

The appliances question

A common source of confusion is whether Section 11 requires a landlord to repair white goods and appliances such as washing machines, fridges, and dishwashers provided by the landlord. The answer requires a distinction.

Section 11 subsection 1(b) covers "installations for the supply of water, gas and electricity and for sanitation" but explicitly excludes "other fixtures, fittings and appliances for making use of the supply." The boiler is an installation for heating water and space heating — it is covered. A washing machine uses the water supply but is itself an appliance for making use of that supply — it is not covered by the Section 11 obligation as a matter of statute.

However, if a landlord has provided a washing machine or other appliance as part of the let, the tenancy agreement may impose an express (contractual) obligation to maintain it. Any such express obligation sits alongside Section 11 and is separately enforceable. From working with self-managing landlords across the UK, August finds this distinction, statute versus contract, is regularly misunderstood in both directions, with some landlords assuming they must repair all appliances they have provided, and others assuming the reverse.

Notification and the right of entry

The landlord's obligation under Section 11 is triggered once they have been put on notice of the disrepair. Notice does not have to be in writing, a verbal report is sufficient, but written communication (email, text, or a maintenance log entry) provides evidence if a dispute arises. August's maintenance reporting feature creates a timestamped record of every issue reported and every action taken.

Once on notice, the landlord is entitled to enter the property to inspect and carry out repairs — but must give at least 24 hours' written notice and must access at a reasonable time of day, with the tenant's cooperation. If a tenant persistently refuses access to enable repairs, the landlord's liability under Section 11 is diminished provided they can show all reasonable endeavours were made to gain entry.

Reasonable time: what it means and when urgency applies

Section 11 does not specify a fixed timeframe for completing repairs. The test is "a reasonable time" after the landlord has been notified, and what is reasonable depends on the nature and urgency of the problem.

A failed boiler in winter, total loss of hot water, a serious roof leak, or any defect that poses a risk to health or safety should be treated as urgent, in practice this means days, not weeks. A defective damp-proof course, minor guttering damage, or a non-critical cosmetic issue allows more time. The landlord's difficulty in finding a contractor is not a valid reason for delay, "reasonable time" is assessed by reference to the repair itself, not the landlord's own operational constraints.

If a landlord is in breach of Section 11, having been notified but failing to repair within a reasonable time, the tenant's remedies include a housing disrepair claim in the County Court (for damages and a repair order), a complaint to the local authority's environmental health team, or withholding rent (though this carries risk and should only be done with legal advice). Damages are typically assessed as a percentage of the rent for the period during which the property was in disrepair, reflecting the tenant's distress, inconvenience, and any additional costs incurred.

Section 11 and property condition

Section 11 sets the baseline for what a rental property must be like throughout a tenancy, not just at the start. A property that passed an inventory check at move-in but subsequently develops a structural defect remains subject to Section 11 for as long as the defect persists. Landlords should treat any reported maintenance issue as a potential Section 11 trigger and respond promptly, keeping a clear record of notification, inspection, and action. Our repairs definition covers the broader maintenance landscape, including tenant obligations and how to distinguish repairs from improvements. Our full guide to landlord and tenant repair obligations covers the complete practical picture, including timeframes for different repair categories, how to handle requests, access rights, tenant responsibilities, and how to document everything in the event of a dispute."

Frequently asked questions

Can a landlord write Section 11 obligations out of the tenancy agreement?

No. Section 11 is a statutory implied covenant and cannot be excluded or varied by contract. Any clause in the tenancy agreement purporting to make the tenant responsible for structural repairs, boiler maintenance, or other Section 11 obligations is unenforceable. The landlord's obligations exist independently of anything the agreement says.

Does Section 11 apply to HMOs?

Yes. Section 11 applies to all residential tenancies of fewer than seven years regardless of property type, including houses in multiple occupation. Each individual tenancy within an HMO carries the Section 11 obligations in respect of the parts of the dwelling let and any common parts over which the landlord has control.

What is a reasonable time for repairs under Section 11?

The law does not define a specific number of days. Urgency is the key variable: a boiler failure in winter may require action within hours; a non-urgent repair such as a minor roof tile issue may allow several weeks. HMRC's guidance uses the Housing Health and Safety Rating System (HHSRS) as a reference for assessing the severity of hazards, which in turn informs how urgently a repair should be treated.