Landlord and Tenant Act 1985: Section 11 Repair Duties (2026)

Section 11 of the Landlord and Tenant Act 1985 is the repair duty every landlord has, whether they know it or not, and whether the tenancy agreement mentions it or not. It applies to short residential leases (under 7 years — which is every AST, every APT and every domestic tenancy in practice). It imposes an implied covenant — a legal duty built into the tenancy by statute — to keep specific parts of the property in repair.

You cannot contract out. A tenancy agreement clause that tries to make the tenant responsible for structural repairs is void. The duty falls on the landlord and stays on the landlord for the life of the tenancy.

In 2026, Section 11 sits alongside the Homes (Fitness for Human Habitation) Act 2018 and the Awaab’s Law framework in the Renters’ Rights Act 2025. Awaab’s Law is currently in force for social landlords; the RRA 2025 contains the framework to extend it to private landlords but secondary legislation is awaited, with expected commencement in 2027. For private landlords today, Section 11 and the Fitness Act do the substantive repair work. Together the three form a layered repair and habitation framework — one active layer (Section 11 + Fitness Act) and one waiting to switch on (Awaab’s Law private-sector extension). This guide walks through what Section 11 covers, what it doesn’t, how it interacts with the other two, and what "reasonable time" means in a court that no longer accepts leisurely timescales.

Not legal advice. For a specific disrepair case take advice from a housing solicitor early — the tenant’s pre-action protocol has a clock and missing it makes the case worse.

What Section 11 actually says

Section 11(1) imposes on the landlord an implied covenant:

Three limbs. Structure and exterior. Water/gas/electricity/sanitation installations. Heating and hot water.

Section 11(1A) extends the duty (for tenancies granted after 15 January 1989) to the exterior and structure of any part of the building in which the landlord has an estate or interest — relevant for flats where the landlord owns the building.

What "structure and exterior" covers

Structural and exterior repairs the courts have confirmed as Section 11 duties:

Not covered by Section 11 as "structure": interior decoration, wallpapers, non-structural interior walls, appliances, kitchen fittings, bathroom fittings other than the sanitary appliances themselves.

What "installations" covers

Section 11(1)(b) and (c) apply to the installations for water, gas, electricity, sanitation, space heating and hot water:

Not covered: fixtures that use the supply but aren’t part of the installation — kettles, fridges, washing machines, tumble dryers. Portable appliances are the tenant’s or the landlord’s (if supplied furnished) but not a Section 11 duty to repair.

Boiler is covered. If the boiler fails, Section 11 requires the landlord to repair or replace it. That is often the biggest single Section 11 obligation a landlord faces.

What Section 11 doesn’t require

Section 11 is a repair duty, not an improvement duty. Distinctions:

Landlords are not legally required to improve a property. A property let in 1990 with single-glazing and gas central heating from 1985 can remain that way, provided the single-glazing and the 1985 boiler still work.

Two important qualifications:

The notice requirement

Section 11 duties are triggered by notice. The landlord must have actual or constructive notice of the disrepair before liability starts running.

Actual notice = tenant told you, or your agent, or a contractor told you. In writing, verbally, by text, by email — anything traceable.

Constructive notice = a reasonable landlord would have known. From an inspection, from a previous complaint about the same issue, from patent damage visible from outside.

Time from notice: the landlord has a reasonable time to arrange a repair. What is reasonable depends on:

The reasonable-time test is fact-specific. Under the Awaab’s Law framework (see next section), specific timescales are being introduced for prescribed hazards. Those timescales are already binding on social landlords. For private landlords they are not yet in force — the RRA 2025 contains the framework, but secondary legislation must be made first, with commencement expected in 2027. When it comes, missing them will not be "unreasonable" — it will be a statutory breach.

Section 11 alongside the Homes Act 2018

The Homes (Fitness for Human Habitation) Act 2018 added a further implied covenant to every tenancy granted after 20 March 2019 (or renewed after that date): the property must be fit for human habitation throughout the tenancy.

Fitness is assessed against 29 factors from the Housing Health and Safety Rating System (HHSRS): damp and mould, excess cold, structural collapse, fire safety, hygiene, personal hygiene, sanitation, drainage, water supply, food safety, electrical hazards, gas hazards. If a Category 1 hazard is present (highest severity), the property is presumptively unfit.

Section 11 says "keep in repair". Homes Act says "keep fit for habitation". They overlap but are not identical:

Tenants can sue under either — often both. Fitness is broader; Section 11 is more precise.

Section 11 alongside Awaab’s Law (framework in RRA 2025)

Awaab’s Law was introduced for social landlords — timescales began applying to social housing in October 2025, taking their name from the Rochdale toddler whose 2020 death from mould exposure prompted the reform.

The Renters’ Rights Act 2025 contains the framework to extend Awaab’s Law to the private rented sector. The critical caveat as at July 2026: the private-sector extension is not yet in force. Secondary legislation is required to switch it on, and the Government has stated it intends commencement in the private sector in 2027, with timescales broadly aligned to the social-housing regime.

When commenced, private landlords will face fixed clocks for prescribed hazards — an emergency-response duty (expected within 24 hours), an investigation window, and a repair window. Government intent is that the private-sector regime broadly mirrors social housing. Until then, private landlords remain governed by Section 11 and the Homes (Fitness for Human Habitation) Act 2018, both of which already impose meaningful repair duties.

Practical implication for 2026: treat the direction of travel as certain. Damp/mould, no heating, no hot water reports are already Section 11 / Fitness Act breaches if not addressed promptly, and courts have moved to shorter "reasonable time" standards ahead of Awaab’s Law commencement. Log every report the day it comes in. Attend or dispatch quickly (a 24-hour standard for emergencies is already best practice). Investigate within a week. Repair as soon as practicable. That workflow is what LetCompliance’s tenant-issue module tracks and time-stamps — ready for the moment Awaab’s Law formally starts running for private landlords.

Damages for breach

If a tenant sues successfully for Section 11 breach, damages are calculated as:

Under the pre-action protocol for housing disrepair claims (updated 2023 and again in 2026), the landlord must respond to a disrepair letter within 20 working days with an inspection schedule and a repair programme. Miss the protocol and cost consequences follow, even if you win the substantive claim.

Typical settlement range for a 12-month damp-mould case in 2026: £2,000–£8,000 in general damages, plus repair works. For serious cases with vulnerable tenants: £15,000+.

Practical: what a landlord should do

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