Section 11 Repairs
Section 11 of the Landlord and Tenant Act 1985 places an obligation on the landlord to maintain the structure and exterior of the property, including installations for the supply of water, gas and electricity, heating systems, drainage and sanitary appliances.
There are a number of statutory implied terms which dictate your repair obligations as landlord. The most important of these is Section 11 of the Landlord and Tenant Act 1985 (which replaced s32 of the Housing Act 1961) which states that the landlord shall keep in repair:
- The structure and exterior of the dwelling.
- The installations for the supply of water, gas, electricity and sanitation.
- The installations for the supply of space heating and water heating.
- The communal areas and installations associated with the dwelling.
- The required repair will vary depending on the age, character, and prospective life of the property and its' location. This means the landlord need not maintain a run-down property in an inner city area to the same high standards expected in an expensive central London apartment.
- Landlords or people authorised by them, also have the right to view the condition and state of repair of the property on giving the tenant 24 hours notice [in writing and at a reasonable time of day].
If a tenant refuses to allow the landlord access to carry out the repairs then they:
Does the landlord have the right of entry?
There is an implied term in tenancy agreements under the Rent Act 1977 and the Housing Act 1988 that the tenant will let the landlord have access to the property,
and all reasonable facilities, to carry out repairs which he or she is entitled to do.
Section 17 of the Landlord and Tenant Act 1985 requires specific performance by the landlord where there has been a breach, i.e. the payment of compensation will not act as sufficient remedy. This means that the County Court can make an order requiring the landlord to fulfil the express or implied repairing terms of the tenancy agreement. The
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