Are you staying in a rented house in the UK and experiencing a range of disrepair issues, such as mould, dampness, faulty heating, or other hazardous concerns? Our housing disrepair team understands how stressful it can be when such issues arise and your landlord takes no action. These issues not just compromise your health but also your comfort and peace of mind, , as explained further in our guide on the health risks of housing disrepair. Most tenants do not even know whether it is their duty to repair or the landlord’s duty. And those who know landlord responsibilities often worry about being evicted from the property in case they complain.
The Landlord and Tenant Act 1985 and its Section 11 play a very important role in these cases. In simple words, Section 11 outlines the core housing repairs that are compulsory to be fulfilled by the landlords. It extends to all tenants of the private, council, and housing associations. So, let’s get into this detailed guide that explains everything that comes under section 11, landlords are supposed to repair, and tenants’ rights in case of repair failure.
Legal Foundation: Where Section 11 Fits in UK Housing Law
The Landlord & Tenant Act 1985 is a major housing legislation in the UK. It establishes minimum legal standards of rented houses and establishes fundamental rights of tenants. Section 11 of this act specifically deals with repairs and maintenance.
Now, what exactly is Section 11? Section 11 falls within what the law terms as statutory repairing obligations. This implies that the responsibilities are made by law and landlords cannot avoid them even if they dislike them. It applies even in cases where the tenancy agreement does not say anything regarding repairs or even attempts to restrict them.
These repairing duties are implied terms in tenancies. An implied term refers to an obligation that does not have to be written in the contract, but exists automatically.
Section 11 is used together with other housing rules, such as the Housing Act 1985, which regulates the council housing and subsequent legislation that enhances protection to tenants, including more recent developments such as Awaab’s Law and housing disrepair reforms in England. Collectively, these rules ensure that tenants are entitled by law to reside in a structurally well-maintained home. In short, Section 11 does not require any specific wording in your tenancy agreement to offer you protection. If your landlord is still refusing to fulfill their obligations, our housing disrepair solicitors can help you take forward the issue in a proper way.
Section 11 Explained: The Core Repair Duties Landlords Cannot Avoid
Section 11 Landlord & Tenant Act 1985 includes some basic landlord responsibilities. These responsibilities cannot be neglected, postponed, or imposed on the tenant.
According to Section 11, the landlord is required to:
- Repair the structure, exterior, and interior of the rented house
- Provide a proper internal heating system and working boilers for hot water
- Maintain water availability, gas, electricity, and proper sanitation
One common problem that usually occurs with these obligations is the confusion between the terms “keep in repair” and “improvement”. The landlords are only responsible for fixing disrepair issues, which means the basic issues that create an unsafe and difficult living environment. This is usually termed as “keep in repair”. While improvement means upgrading the machinery and living lifestyle, which does not come under the landlord’s duties.
For instance, for a clear understanding:
- Fixing a non-working boiler is called a repair
- Installing a new, modern heating system with advanced features is called an improvement
So, according to the Landlord and Tenant Law UK, the landlord is just supposed to keep the property in repair. The responsibility of the landlord starts once he or she is informed about the issue. So, once you notify the landlord, you need to give them a reasonable time to act. The time depends on the severity of the issue, which also affects how long a housing disrepair claim may take.
Most of the time, tenants also ask whether it is illegal for a landlord not do repairs? Well, yes, if the landlord is refusing to do repairs, it is considered a civil breach. It is then resolved by the court through compensation, which can vary depending on circumstances as outlined in how much compensation you can get for housing disrepair.
What Is a Section 11 Disrepair?
Section 11 disrepair means a fault that a landlord has a legal responsibility to maintain in compliance with the Landlord & Tenant Act 1985. It is applied when the landlord is well aware of the problem, yet they fail to fix it. The issues that are commonly considered disrepair are:
- Water leakage through roofs or walls
- No internal heating system
- Unavailability of hot water, especially in winters
- Poor structural surfaces that cause damp and mould
- Blocked drainage system due to poor installation or other reasons
- Faulty or dangerous electrical wiring
- Non-functional toilets
- Broken locks on main gates/doors that pose a security risk
If any of such issues occur, the tenant is supposed to inform the landlord as soon as he or she notices. This means the landlord must be “put on notice” right away. It should ideally be done in writing, such as letters or emails. After informing, the landlord is required to respond and repair within a reasonable time.
The Three Types of Repairs Covered by Section 11 Landlord and Tenant Act 1985
The three types of housing repairs that are covered by Section 11 are:
- Structure & Exterior: Walls, roof, windows, doors
- Sanitation: Sinks, baths, toilets, pipes
- Installations: internal heating system, water heaters, gas, and electricity
These things are a must for a landlord to provide in proper working conditions when renting a house. Under landlord tenant act, if any of these things get broken or faulty, the landlord is required to get them repaired. Contact our team of experts for effective boiler & heating system disrepair claims and other claims.
The Five Signs of Property Distress Tenants Should Never Ignore
No one deserves to live in a space that is unsafe for health or overall well-being. There are five most important signs of disrepair that a tenant should never ignore. These signs include:
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- Visible damp or mould
- Persistent cold (no internal heating)
- Constant water leakage (roofs, ceilings, walls)
- Defective wiring
All these issues can turn hazardous even if they look minor in the start. So, never ignore them and take a necessary step towards damp and mould claims.
Enforcement & Remedies When Repairs Are Not Done
Section 11 of the Landlord and Tenant Law UK ensures that a tenant stays in a peaceful house with safe living conditions. If a landlord refuses from his/her legal duties, the housing disrepair law provides the tenants with proper protection. Tenants have their rights given by the law in case of such refusal.
If the landlord breaches statutory repairing obligations, tenants can legally:
- Send an injunction (authoritative warning) directing the landlord to do repairs.
- Ask for compensation for the caused discomfort, health suffering, or loss of property
- Initiate court orders to enforce mandatory repairing obligations.
UK courts pay close attention to housing disrepair issues because they have an effect on the tenants’ normal lives and health. The enforcement remedies stated above are given to the tenants so that they can rightfully live in a safe home. These legal remedies provided by the Section 11 Landlord and Tenant Act 1985 ensure that the landlord fulfils his/her imposed duties.
The tenants are advised to maintain records of any communication with the landlord, pictures of disrepair, and notice dates. This works as evidence that would be significant in case there is a need to take legal action. Our best no-win-no-fee housing solicitors London can help you out in performing enforcement remedies when repairs are not carried out.
What Is Section 82 Housing Disrepair?
Section 11 Landlord & Tenant Act 1985 deals with a landlord’s duty to repair. Section 82 of the Environmental Protection Act 1990 is different, though related to section 11. As Section 11 is concerned with the obligation of a landlord to repair, Section 82 permits a tenant to undertake action when disrepair is a statutory nuisance. A statutory nuisance is a state that has a strong impact on the health or the quality of life.
Examples in which a tenant can apply Section 82 for their case include:
- Breathing issues caused by excessive damp or mould
- defective drains or a clogged sewage system that cause persistent smells
- a large number of insects or parasites due to the poor condition of the property
Under Section 82 of the landlord tenant act, a tenant can request the magistrates’ court. The court then issues an order for the landlord so that the problem gets solved.
In short, Section 11 deals with the landlord’s obligations to repair, while Section 82 deals with the tenants’ actions against health affecting issues. A tenant can use both of these sections for their case at the same time (if their case meets the criteria). If you are a tenant living in Birmingham, feel free to contact our housing disrepair lawyer in Birmingham to take action against any nuisance you are facing.
Eviction Risks, Notices, and Repair-Related Protections
The major concern that is raised by many tenants is that they fear that if they complain about the repairs, they will be evicted. However, the UK law is aware of such concerns, and that is why it provides tenants with ways against retaliatory eviction.
A Section 21 notice can be referred to as a no fault eviction UK notice. But this section can be limited for the landlord if he/she has done nothing about the repairs even after continuous complaints from the tenant. A Section 21 notice can be temporarily invalidated if a local authority proves that there are serious hazards and that a notice of improvement is served.
Certain landlords can also make an effort to employ Section 8 notices. This notice of seeking possession is fault-based, and it must have a certain legal basis and proof of the agreement breach. The UK legislation is meant to maintain a balance between the rights of landlords and the safety and fairness of tenants.
What Makes a Section 21 Notice Invalid?
A Section 21 notice can be invalidated in case legal requirements were not fulfilled by the landlord. Common reasons mentioned in the Landlord Tenant Act 1985 that make the notice invalid include:
- The landlord did not pay attention to complaints of repair associated with health or safety.
- The “How to Rent” guide was not provided to the tenant.
- The tenant was not provided with a valid EPC or Gas Safety Certificate
- Lack of property licensing.
Tenants should not worry, as a notice that is not valid is ineffective. They are advised to get help from the local authority to confirm whether the notice is valid according to the Housing Act 1985 or not.
How Do You Write a Notice?
The notice part of the disrepair issue is essential, and it should be done correctly. All tenants, whether private or council, are advised to report disrepair in written form. It can be through emails or letters. This keeps a clear record of every communication and information shared between the landlord and the tenant. A strong and clear disrepair report should include:
- Properly mentioned problems
- Clear photos and videos of the disrepair
- Starting period of the issue
- A request for the repair of the issues
- A reasonable time for the landlord to take action
- Restated landlord responsibilities under the Landlord Tenant Act 1985
It is necessary to maintain copies of emails, letters, and responses. This can be subsequently used in the enforcement of the law. You can also get help by using our housing disrepair eligibility checker to remove any misunderstandings regarding your case.
Future Law Changes: How the Renters’ Rights Act 2026 Affects Section 11
The housing law keeps on making necessary changes. The Renters Rights Act 2026 is expected to reinforce the protections of the tenants and the transformation of the private residential market. These proposals include:
- Abolition of no fault eviction UK
- Stricter implementation of landlord responsibilities
- Increased protection of tenants who complain of disrepair.
When these changes are enforced by 2026 as expected, a greater number of tenants can enforce Section 11 rights without fear of eviction. The basic obligations in Section 11 will be the same, but there will be a stronger implementation than before.
Taking Action: When to Get Professional Help
The majority of landlords fulfill their legal obligations when they are made aware of them. Nevertheless, professional assistance can be required when the Section 11 obligations of the Landlord and Tenant Act 1985 are neglected or postponed. Don’t stress out anymore, as you can use legal advice if you are still living in a house with consistent disrepair issues. Legal advice helps a tenant to:
- Understand their rights given by the law
- Move forward with effective repair notices
- Legally go against unfair eviction
- Request for disrepair compensation where applicable
Having a safe and well-maintained home is a tenant’s right ensured by UK law. We hope this guide helped you understand your lawful rights and the necessary actions required for a strong disrepair case. Contact us for further information or professional assistance if your landlord is not fulfilling their obligations.