Few pieces of legislation have more day-to-day impact on tenants and landlords than the Landlord and Tenant Act 1985. And yet, many people on both sides of a tenancy agreement have never read it or don't know exactly what it says. That's a problem — because when things go wrong with the condition of a rented property, this Act is almost always at the centre of any legal dispute.
At Disrepair Claim Surveyors, we work closely with tenants, landlords and solicitors on housing disrepair cases. Our surveys produce the expert evidence needed to support claims under the Act. In this guide, we'll explain what the Landlord and Tenant Act 1985 says, what it requires and what it means for you.
What Is the Landlord and Tenant Act 1985?
The Landlord and Tenant Act 1985 is a UK statute that governs residential tenancy agreements. It covers a range of areas, including the information a landlord must provide to tenants, rules about service charges, and — most importantly for our purposes — the landlord's obligation to keep rented properties in repair.
Section 11: The Core Repairing Obligation
The key provision for housing disrepair cases is Section 11 of the Act. This section imposes an implied covenant (a legally binding promise) on landlords that they will:
- Keep in repair the structure and exterior of the dwelling — 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 sanitary conveniences
- Keep in repair and proper working order the installations for space heating and heating water
This obligation applies to most residential tenancies granted after 24 October 1961. It cannot be excluded or restricted by the tenancy agreement — any term in a lease that attempts to transfer these obligations to the tenant is void.
What Does "Keep in Repair" Mean?
Courts have considered this question many times. Broadly, "keeping in repair" means returning the property to the standard it was in at the start of the tenancy — or the standard it was reasonably expected to be in. It doesn't require the landlord to improve the property beyond its original specification, but it does require them to fix defects that arise during the tenancy.
The Landlord Must Know About the Disrepair
Here's an important point that often catches tenants out: Section 11 does not automatically impose liability on a landlord as soon as a defect arises. The landlord must first have been notified of the disrepair and given a reasonable opportunity to carry out the necessary repairs before a claim can be brought.
This is why it is so important to always notify your landlord of disrepair in writing — and to keep records of your notifications. If you report a leaking roof verbally and the landlord claims they never knew about it, you'll struggle to bring a successful claim.
The Homes (Fitness for Human Habitation) Act 2018 — An Important Update
The Homes (Fitness for Human Habitation) Act 2018 — sometimes called the Tenant Act 2018 or the Human Habitation Act — inserted new provisions into the Landlord and Tenant Act 1985. It requires landlords to ensure that:
- A property is fit for human habitation at the start of the tenancy
- It remains fit for human habitation throughout the tenancy
Critically, unlike Section 11, the fitness for human habitation obligation does not require the tenant to prove the landlord knew about the problem. If the property is unfit for human habitation — for whatever reason — the landlord is liable.
What Constitutes "Unfit for Human Habitation"?
The Act includes a list of matters that can make a property unfit for human habitation, including:
- Damp and mould growth
- Excess cold
- Excess heat
- Asbestos and MMF
- Biologically contaminated water
- Crowding and space
- Entry by intruders
- Noise
- Domestic hygiene, pests and refuse
- Personal hygiene, sanitation and drainage
- Food safety
- Personal hygiene and bathing facilities
- Falls associated with baths and showers
- Falls on the level
- Falls associated with stairs and steps
- Falls between levels
- Electrical hazards
- Fire
- Flames, hot surfaces etc.
- Collision and entrapment
- Explosions
- Structural collapse and falling elements
"Understanding the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018 is the foundation of any housing disrepair claim. These two pieces of legislation, read together, give tenants powerful legal tools to force their landlords to act." — Disrepair Claim Surveyors
How a Housing Disrepair Survey Supports Claims Under the Act
A housing disrepair survey from Disrepair Claim Surveyors produces the expert evidence needed to demonstrate that the landlord has breached their obligations under the Act. Our surveyors identify every area of disrepair, document them with photographic evidence, provide expert opinion on the cause and extent of each defect, and recommend appropriate remedial works.
Without a professional survey, it can be very difficult to establish the extent of the disrepair and its cause — both of which are essential for a successful claim. A well-prepared survey report from our accredited surveyors is often the difference between a winning claim and one that falls apart under scrutiny.
Can a Landlord Escape Liability by Claiming the Defect Pre-Dates the Tenancy?
Not necessarily. If a property was in disrepair at the start of a tenancy, the landlord will be in breach of the fitness for human habitation obligation under the 2018 Act from day one. For Section 11 claims, the landlord's repairing obligation begins once they are notified of the disrepair — regardless of when it first arose.