Tenant Rights to Repairs — What Landlords Must Fix and When

Landlord Repair Obligations

Landlords in England and Wales have statutory repair obligations primarily under Section 11 of the Landlord and Tenant Act 1985. These apply to all residential tenancies of less than 7 years.

**Section 11 obligations cover:**

• The structure and exterior of the property (roof, walls, windows, doors, drains, gutters)
• Water, gas, electricity, and sanitation installations
• Heating and hot water installations

The landlord is responsible for keeping these elements in “good repair and proper working order.” The standard required is appropriate to the age and character of the property.

Tenant Responsibilities

Tenants are responsible for:

• Day-to-day maintenance (replacing light bulbs, unblocking drains, minor redecoration)
• Any damage caused by them or their guests
• Garden maintenance (if agreed in the tenancy)

The distinction between structural/system repairs (landlord) and day-to-day maintenance (tenant) can be grey in practice. The tenancy agreement should clarify responsibilities where possible.

Reporting Repairs

Tenants should report repairs to the landlord or agent in writing (email creates a clear record). Include:

• A clear description of the problem
• When it started
• Photographs where possible

A written request is important because:

1. The landlord’s repair obligation is generally triggered by notice — they are not liable for defects they did not know about

2. A written record protects the tenant if the landlord later claims no notice was given

3. It starts the clock on a reasonable response time

What is a Reasonable Response Time?

There is no single statutory deadline, but general guidance suggests:

• **Emergency repairs** (no heating in winter, major leak, loss of security): Within 24 hours
• **Urgent repairs** (broken boiler, serious damp, faulty electrics): Within a few days to one week
• **Routine repairs**: Within 28 days is generally considered reasonable

Escalation Routes for Tenants

If a landlord fails to carry out repairs:

**1. Environmental Health / Local Authority**

Tenants can report the landlord to the local council’s environmental health team. The council can inspect using the Housing Health and Safety Rating System (HHSRS) and serve an improvement notice requiring the landlord to carry out works within a specified timeframe.

**2. First-tier Tribunal**

For rent repayment and some enforcement issues.

**3. County Court**

Tenants can sue the landlord for damages, an injunction requiring repairs, or rent reduction.

Retaliatory Eviction Protections

If a tenant makes a formal complaint about property conditions to the local authority and the authority serves an improvement notice, the landlord cannot then serve a valid Section 21 notice for 6 months. This protects tenants from being evicted for raising legitimate repair complaints.

Tenants should keep records of all repair requests and responses.

Damp and Mould

Following government guidance issued in 2023 (following the Awaab Ishak case), landlords must treat damp and mould as a serious health hazard requiring prompt action. The Housing Act 1985 and HHSRS both identify damp as a Category 1 hazard in severe cases.

For a detailed breakdown of damp responsibility, see our dedicated guide: “Damp and Mould: Landlord vs Tenant Responsibility”.