Section 11 of the Landlord and Tenant Act 1985 — What It Means for You

Section 11 is the part of the law most often relied on in housing disrepair claims. It sets out what your landlord must keep in repair, regardless of what your tenancy agreement says. Here is what it covers in plain English.

What Does Section 11 Say?

Section 11 of the Landlord and Tenant Act 1985 applies to most residential tenancies granted for a term of less than seven years. It imposes an implied covenant (a legal obligation that is part of your tenancy even if the written agreement does not mention it) requiring the landlord to:

• Keep in repair the structure and exterior of the dwelling — this includes the roof, external walls, foundations, guttering, external pipes, window frames, and external doors.
• Keep in repair and proper working order the installations for the supply of water, gas and electricity, and for sanitation — this includes basins, sinks, baths, toilets, and the pipes and wiring that serve them.
• Keep in repair and proper working order the installations for space heating and heating water — this includes boilers, radiators, immersion heaters, and flues.

What Does "Keep in Repair" Mean?

"Repair" means restoring the property to a condition in which a reasonably minded tenant would regard it as being in reasonable repair, having regard to the age, character and prospective life of the property. Your landlord does not have to bring the property up to modern standards if it was not built to those standards, but they must fix things that are broken or deteriorating.

When Does the Obligation Start?

The landlord's duty to repair begins once they have notice of the problem. You must tell your landlord about the disrepair — ideally in writing — before they are legally obliged to fix it. Once they have notice, they must carry out repairs within a reasonable time. What is reasonable depends on the nature and urgency of the problem.

What Is Not Covered by Section 11?

Section 11 does not cover:

• Damage caused by you (tenant's own negligence or deliberate damage)
• Internal decoration — painting, wallpapering, and cosmetic finishes are not generally the landlord's responsibility unless the damage was caused by the disrepair itself (e.g. damp ruining plasterwork)
• Rebuilding or reinstatement after destruction by fire, storm, or flood (unless the tenancy agreement provides for it)
• Fixtures and fittings that are the tenant's own property

Can Your Landlord Contract Out of Section 11?

No. Section 11 is an implied term that applies regardless of what the tenancy agreement says. A clause in your tenancy saying "the tenant is responsible for all repairs" does not override Section 11. The landlord cannot contract out of these obligations without the approval of the county court, which is rarely given.

The Homes (Fitness for Human Habitation) Act 2018

Since 20 March 2019, Section 11 has been supplemented by the Homes (Fitness for Human Habitation) Act 2018, which amended the Landlord and Tenant Act 1985. This requires landlords to ensure the property is fit for human habitation at the start of and throughout the tenancy. It covers a broader range of issues including damp, ventilation, natural lighting, drainage, and freedom from hazards.

Together, these two provisions give tenants strong legal grounds to force landlords to carry out repairs and to claim compensation when they fail to do so.

What Can You Do If Your Landlord Breaks Section 11?

If your landlord has had notice of a repair problem and has not fixed it within a reasonable time, you can:

1. Report the problem to your council's Environmental Health team, who can inspect and serve notices
2. If your landlord is a council or housing association, escalate through their complaints procedure and then to the Housing Ombudsman
3. Make a housing disrepair claim through a solicitor, seeking an order for repairs plus compensation for the period you have lived with the problem

At Manchester Disrepair Claims, we handle Section 11 claims on a No Win No Fee basis across Greater Manchester. Start your claim or call us on 0161 697 5959.