Section 4
Section 4 of the Defective Premises Act 1972 imposes a duty of care on landlords where they have an obligation, or a right, to repair or maintain premises that are let to tenants. Under the duty, a landlord must take such care as is reasonable in all the circumstances to ensure that all persons who might reasonably be expected to be affected by defects in the state of the premises are reasonably safe from personal injury or damage to their property caused by a relevant defect. The duty cannot be excluded by contract, any term in a tenancy agreement that attempts to restrict or remove Section 4 liability is void under Section 6(3) of the Act.
Who the duty is owed to
The duty extends to all persons who might reasonably be expected to be affected by the defect. This is broader than the tenant alone. It covers members of the tenant's household, visitors to the property, and, in appropriate circumstances, persons who are not lawful occupiers. It is not limited to people who have a contractual relationship with the landlord.
What counts as a relevant defect
A "relevant defect" under Section 4(3) is a defect in the state of the premises that exists because of an act or omission by the landlord that constitutes, or would constitute, if the landlord had notice of it, a failure to carry out a repair or maintenance obligation owed to the tenant. This means the duty is anchored to the landlord's actual repair responsibilities: a defect that falls outside the landlord's repairing obligation is unlikely to be a relevant defect for Section 4 purposes. Under Section 11 of the Landlord and Tenant Act 1985, the minimum obligation for most residential lets is to keep the structure, exterior, and key installations in repair. Anything within that scope that falls into disrepair is capable of being a relevant defect.
The knowledge trigger
The duty under Section 4(2) arises where the landlord knows about the defect, whether because the tenant has reported it or for any other reason, or where the landlord ought in all the circumstances to have known about it. The second limb is significant. A landlord cannot escape liability simply by arguing they were not told. If a defect would have been discovered by a reasonable inspection, the courts may find that the landlord ought to have known about it. The Court of Appeal in Rogerson v Bolsover District Council [2019] EWCA Civ 226 confirmed that there is no automatic duty to carry out a system of regular inspections, but where the facts of the property and its condition make a risk reasonably foreseeable, the "ought to have known" standard can catch a landlord who takes no steps to check.
The right-to-repair extension under Section 4(4)
Section 4(4) extends the duty to situations where a landlord does not have a formal repairing obligation but does have an express or implied right to enter the premises to carry out maintenance or repair. Where a tenancy agreement gives the landlord a right of entry for repairs, the landlord is treated, for the purposes of the Section 4 duty, as if they were under an obligation to carry out that type of repair. This prevents a landlord from arguing that, because they chose not to exercise a right to repair, they bear no liability for injury caused by the resulting defect.
How Section 4 differs from Section 11 LTA 1985
This is the most practically important distinction. Section 11 of the Landlord and Tenant Act 1985 requires a landlord to carry out repairs to the structure, exterior, and key installations, but the obligation generally does not arise until the tenant has given the landlord notice of the disrepair. Section 4 of the Defective Premises Act 1972 has no equivalent notice requirement on the part of the occupier. The landlord is liable under Section 4 if they knew, or ought to have known, about the defect, regardless of whether the tenant formally reported it. A landlord who relies on the absence of a repair report as a defence to a personal injury claim may find that the Section 4 standard catches them where the Section 11 standard would not.
Practical implications for landlords
From working with self-managing landlords across the UK, the Section 4 exposure that causes most concern in practice arises from defects in external areas, including paths, steps, boundary walls, garden hazards, where the tenant may not think to report a deteriorating condition and the landlord has not inspected. The duty applies to all land let under the tenancy, which courts have confirmed includes paths, patios, front gardens, and external access routes.
The best practical protection against a Section 4 claim is: timely response to any defect reported through the repairs process, with a dated record of when it was reported and what was done; a property inspection on entry and at reasonable intervals thereafter, with written notes of what was checked; and prompt attention to anything that a reasonable inspection would reveal.
Section 4 sits alongside fit for human habitation duties under Section 9A of the Landlord and Tenant Act 1985, the Housing Health and Safety Rating System, Awaab's Law and rental standards. Together these create a compliance framework in which ignoring a known or discoverable hazard exposes a landlord to personal injury liability under the Defective Premises Act, civil enforcement under the HHSRS, and, from May 2026, ombudsman action and the heightened standards under the Renters' Rights Act.
Frequently asked questions
Does Section 4 require the tenant to tell the landlord about a defect before liability arises?
No. This is the critical distinction from Section 11 of the Landlord and Tenant Act 1985, which generally requires notice from the tenant. Under Section 4 of the Defective Premises Act 1972, the duty is owed if the landlord knew about the defect, however they came to know, or if they ought in all the circumstances to have known about it. A landlord who is unaware of a defect because they have not inspected the property may still be liable under Section 4 if a court finds the defect was reasonably discoverable.
Does Section 4 apply to external areas of the property?
Yes. The duty applies to all land let under the tenancy, including external areas such as paths, steps, gardens, and boundary walls that the landlord is responsible for maintaining. The Shelter Legal England guidance on the Defective Premises Act confirms that the duty "applies to all land let" and specifically includes a patio or front garden.
Can a landlord exclude Section 4 liability in the tenancy agreement?
No. Section 6(3) of the Defective Premises Act 1972 makes any attempt to exclude or restrict liability under the Act void. The duty cannot be contracted out of.
