When a tenant reports a leaking roof or a dead boiler, the duty behind your answer is almost always Section 11 of the Landlord and Tenant Act 1985. Every landlord has it, 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 covers every assured tenancy and almost every home let on a short lease). It builds a duty into the tenancy by law (an implied covenant) 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 needed and no date has been set. For private landlords today, Section 11 and the Fitness Act do the substantive repair work. So there is one active layer (Section 11 plus the Fitness Act) and one waiting to switch on (the private-sector extension of Awaab’s Law). This guide walks through what Section 11 covers, what it doesn’t, how it interacts with the other two, and what "reasonable time" means.
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:
- 11(1)(a): to keep in repair the structure and exterior of the dwelling-house, including drains, gutters and external pipes.
- 11(1)(b): to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity, and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply).
- 11(1)(c): to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.
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. That matters for flats where the landlord owns the building.
The duty to repair usually runs from when you are told about the problem, which makes the date of each report matter. From £7.99 a month, LetCompliance takes repair reports through the tenant portal with photos, dates each one the moment it arrives and tracks it to the fix with the contractor you sent. Get started
What "structure and exterior" covers
Structural and exterior repairs the courts have confirmed as Section 11 duties:
- Roof (tiles, ridges, flashing, gutters, downpipes)
- External walls (brickwork, render, pointing)
- Windows and window frames (external glazing units, sills, catches)
- External doors (weather-stripping, thresholds, door frames)
- Chimneys and chimney stacks
- Damp-proof course
- Foundations
- Internal load-bearing walls (in a house)
- Communal staircases, landings, roofs, external corridors (in a block owned by the landlord)
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:
- Pipework (water pipes, drainage)
- Sinks, basins, baths, showers, toilets
- Boiler and central heating system
- Radiators and hot water tank
- Electrical wiring and fuse box (but not portable appliances)
- Gas supply pipework
Not covered: fixtures that use the supply but aren’t part of the installation, such as kettles, fridges, washing machines and 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:
- Repair = restore to the condition it was in when the tenancy started, using materials of like standard.
- Improvement = upgrade beyond original condition (single-glazing → double-glazing, older boiler → condensing boiler, old wiring → new wiring to modern standards).
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:
- 1The Homes (Fitness for Human Habitation) Act 2018 does require the property to be fit for habitation throughout the tenancy (see the next section). A property with a boiler that "works" but doesn’t heat the property to a reasonable temperature can be unfit.
- 2EPC MEES rules require a minimum energy rating (currently E; the Government plans band C for all tenancies from 1 October 2030). A property with single-glazing may need improvement to hit MEES, not for Section 11 reasons, but for MEES.
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 or 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:
- Urgency: burst pipe / no heating in winter = hours to days; rotten window frame = weeks
- Access: whether you can get in
- Cost and availability: replacement boilers on 3-week delivery vs same-day repair
- Whether the tenant has cooperated: refusal to allow access defers time
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, and no date has been set. If it is extended, missing them would not just be "unreasonable": it would breach a statutory duty.
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), and from 20 March 2020 to existing periodic tenancies too: 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.
Section 11 says "keep in repair". Homes Act says "keep fit for habitation". They overlap but are not identical:
- A property can be in repair (all the boilerworks) but unfit (severe damp because of ventilation design).
- A property can be unfit (rotten window frames) and in disrepair. Section 11 catches this.
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 no date has been set for private landlords.
If it is extended to private landlords, they would face fixed clocks for prescribed hazards, as social landlords do now: an emergency-response duty, an investigation window and a repair window. No date has been set. 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. 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. In LetCompliance the tenant reports the problem through the tenant portal and the report is dated the moment it arrives. The contractor you send, the photos and the invoice then sit with the property, so the whole timeline is on file if Awaab’s Law is extended to private landlords.
Damages for breach
If a tenant sues successfully for Section 11 breach, damages are calculated as:
- General damages: the difference between the value of the property in disrepair and the rent paid, over the period of the disrepair.
- Special damages: specific losses caused by the disrepair (damaged possessions, replacement heating costs, medical expenses).
- Order for specific performance: court can order the landlord to carry out the repair.
Under the pre-action protocol for housing disrepair claims, 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.
Practical: what a landlord should do
- 1Inspect at every tenancy change and annually. Structural, exterior, boiler, electrics. Log conditions with photographs.
- 2Log every tenant repair report the moment it comes in. Date, time, description. LetCompliance does this automatically; a spreadsheet works too.
- 3Respond fast to Category 1 hazards. If Awaab’s Law is extended to private landlords (no date has been set), the timescales will become statutory. Today, Section 11 and the Fitness Act already require prompt action. Treat 24h emergency / 7d investigate / 14d repair as best-practice targets you should already be meeting.
- 4Keep the paper trail. Contractor invoices, dated inspection reports, photographs of repairs completed. If you get sued in 2028 for a 2026 report, you need to be able to prove what was done.
- 5Don’t contract out. Every clause in a tenancy agreement that tries to make the tenant responsible for Section 11 items is void. Don’t rely on them.
- 6Prioritise structure over decoration. A crumbling render or leaking gutter is a Section 11 breach waiting to become a damp claim. Deal with it early.
Sources
- legislation.gov.uk: Landlord and Tenant Act 1985, Section 11
- legislation.gov.uk: Homes (Fitness for Human Habitation) Act 2018
- legislation.gov.uk: Renters’ Rights Act 2025 (Awaab’s Law extension)
- GOV.UK: Housing disrepair: pre-action protocol
- Shelter: Landlord repair responsibilities (tenant-facing guidance)
Sources and scope
- GOV.UK: Renting out a property
- GOV.UK: Your landlord’s safety responsibilities
- HSE: Gas safety in rented properties
Every figure on this page is cited to GOV.UK, legislation.gov.uk or HSE and reviewed against the live source every quarter. This is guidance, not individual legal advice.
2026 UK Landlord Compliance Cheat Sheet
The main duties, deadlines and maximum penalties for a private let in England on two printable A4 pages, and which failures stop a possession order. Updated for the rules in force since 1 May 2026.
- Duties before and during the tenancy, with the deadline for each
- Maximum penalties, including the £40,000 electrical safety figure
- Which failures bar a Section 8 possession order, and which do not
- The possession grounds landlords use most, with notice periods
Frequently asked questions
What does Section 11 of the Landlord and Tenant Act 1985 require?
Section 11 imposes an implied covenant on the landlord in all short residential leases (under 7 years) to: (a) keep the structure and exterior of the dwelling in repair; (b) keep in repair and proper working order the installations for the supply of water, gas and electricity, and for sanitation (including sinks, baths and sanitary conveniences); (c) keep in repair and proper working order the installations for space heating and heating water. You cannot contract out.
How does Section 11 interact with Awaab’s Law?
Section 11 is the general repair duty and is in force. Awaab’s Law is in force for social landlords; the Renters’ Rights Act 2025 contains the framework to extend it to the private rented sector, but secondary legislation is required and no date has been set for private landlords; the government has said it will consult first. If it is extended, it will add fixed statutory timescales for prescribed hazards (for social landlords: 24 hours for emergencies, 10 working days to investigate significant hazards). Section 11 sets the duty today.
Does Section 11 cover damp and mould?
Section 11 covers the structural cause of damp (leaking roof, failed damp-proof course, cracked render). It does not directly cover condensation caused by tenant lifestyle. But the Homes (Fitness for Human Habitation) Act 2018 (in force since 2019 for private landlords) requires the property to be fit for habitation throughout the tenancy, and that includes damp and mould even where the cause is arguable. Awaab’s Law would add fixed timescales if it is extended to private landlords, for which no date has been set. Assume you have a duty to investigate and address today, regardless of the argued cause.
What is the notice a landlord must have before Section 11 duties kick in?
The landlord must have actual or constructive notice of the disrepair: a tenant complaint (in writing or verbal), an inspection finding or a contractor’s report. Once on notice, the landlord has a reasonable time to complete the repair. "Reasonable" depends on urgency: a burst pipe is same-day; a rotten window frame is weeks. LetCompliance timestamps every tenant issue report, and that timestamp is the notice moment for Section 11 purposes.
