What repairs is a landlord actually responsible for?
A defined set of obligations implied into every tenancy by statute, which cannot be excluded by the agreement — plus whatever the agreement adds. The statutory core is narrower than tenants expect and broader than many landlords behave as though it is.
The statutory obligations, under section 11 of the Landlord and Tenant Act 1985, for most tenancies of under seven years:
The structure and exterior — including drains, gutters and external pipes.
Installations for the supply of water, gas, electricity and sanitation — basins, sinks, baths and sanitary conveniences, though not other fixtures and appliances.
Installations for space heating and heating water.
These cannot be contracted out of. A clause making the tenant responsible for them is void.
What the Homes (Fitness for Human Habitation) Act 2018 added. A requirement that the property is fit for human habitation at the start and throughout — and crucially, it gives tenants a direct right to take the landlord to court, rather than depending on the local authority. Fitness is assessed against hazards including damp and mould, excess cold, structural stability, ventilation and water supply.
This was the significant change, because enforcement previously required council action that frequently did not come.
What is generally the tenant's responsibility: minor upkeep such as changing bulbs and smoke alarm batteries; keeping the property reasonably ventilated and heated; garden maintenance where the agreement says so; and anything they or their visitors damaged.
Damp and mould. The frequent dispute. Where damp results from a defect — penetrating damp, rising damp, inadequate ventilation provision, cold bridging or insufficient heating capability — it is the landlord's responsibility, and guidance has been explicit that blaming tenant lifestyle is not an adequate response. Where it results from a tenant genuinely not ventilating an adequate property, it is not.
The landlord must have notice of a disrepair before being in breach, in most cases — so reporting in writing is essential and establishes the date.
What tenants can do: report in writing and keep copies; allow access for inspection and repair, since refusing undermines a claim; contact environmental health; and consider a disrepair claim, for which free advice is available.
Retaliatory eviction protections may apply.
General information, not legal advice.