Landlord & Tenant Act 1985
The cornerstone of UK tenant protection law. Understand your rights and your landlord's legal obligations to maintain your home in a safe, habitable condition.
Start Your ClaimWhat Is the Landlord & Tenant Act 1985?
The Landlord and Tenant Act 1985 is a fundamental piece of UK legislation that sets out the legal duties of landlords in relation to the repair and maintenance of residential properties. It applies to most private and social tenancies in England and Wales and forms the primary legal basis for housing disrepair claims.
Key Provisions
Implied Repairing Obligations
Implies a covenant into every tenancy that the property is fit for human habitation at the start of the tenancy and will remain so throughout. This applies to tenancies with annual rents below the prescribed threshold.
Repairing Obligations in Short Leases
The most widely used provision. Requires landlords to keep in repair the structure and exterior of the dwelling, including drains, gutters and external pipes; installations for water, gas, electricity and sanitation; and installations for space heating and water heating.
Restriction on Contracting Out
Prevents landlords from including clauses in tenancy agreements that attempt to remove or reduce the repairing obligations imposed by Section 11. Any such clause is void and unenforceable.
Notice Requirement
A landlord's obligation to repair only arises once they have been given notice of the disrepair. This is why documenting and formally reporting issues to your landlord in writing is critical to any claim.
What Landlords Must Repair Under Section 11
Section 11 creates a clear, non-negotiable list of repair obligations that apply to virtually all residential tenancies under 7 years.
Structure & Exterior
Walls, roof, foundations, external doors, windows, and the overall structural integrity of the building.
Drains & Gutters
External pipes, gutters, downpipes, and drainage systems that serve the property.
Water Supply
Pipes, taps, cisterns, and all installations for the supply of water to the property.
Gas & Electricity
Gas pipes, electrical wiring, sockets, fuse boards, and all related supply installations.
Space Heating
Boilers, radiators, central heating systems, and any fixed heating appliances.
Sanitation
Baths, sinks, toilets, basins, and all sanitary fittings and their associated plumbing.
How to Use the Act to Make a Claim
Report the Disrepair in Writing
Send a written notice to your landlord (email or letter) describing the disrepair clearly. Keep a copy. The landlord's obligation to repair only begins once they have been notified.
Allow Reasonable Time to Repair
Give your landlord a reasonable period to carry out the repairs. What is "reasonable" depends on the severity — urgent issues like no heating in winter may require days; minor issues may allow weeks.
Document Everything
Take dated photographs of all disrepair. Keep records of all correspondence. Note any health impacts, costs incurred, or damage to belongings caused by the disrepair.
Send a Letter Before Action
If the landlord fails to act, send a formal Letter Before Action citing Section 11 of the Landlord and Tenant Act 1985. This is a legal requirement before starting court proceedings.
Issue Court Proceedings
If the landlord still fails to act, you can issue a claim in the County Court using the N1 Particulars of Claim form. Our platform generates all these documents for you.
Related Legislation
Homes (Fitness for Human Habitation) Act 2018
Extended and strengthened tenant protections, giving tenants the right to take direct legal action against landlords.
Defective Premises Act 1972
Imposes a duty of care on landlords for injuries or damage caused by defects in the property they are responsible for maintaining.
Your Landlord Has Legal Obligations
If your landlord has failed to carry out repairs under the Landlord & Tenant Act 1985, you have the right to claim. Our platform generates all the documents you need to pursue your claim.
Start Your Claim TodayNot legal advice. For legal guidance, consult a qualified solicitor.