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:

  • Reduce their entitlement to claim for damages for disrepair or for personal injury caused by the disrepair.
  • Expose themselves to a potential claim for loss suffered by the landlord as a consequence of the landlord being unable to prevent further deterioration or damage to the property. This may result in monies being deducted from the damage deposit.
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

County Court can make an injunction requiring the landlord to do repair work which may or may not be within the terms of the contract. If the landlord fails to carry out the works required by the court order, the landlord, or its named officer, can be committed to prison for contempt. The County Court can alternatively direct that the repairs be undertaken, by or on behalf of the tenant ,at the landlord’s expense. Damages can still be claimed even if the works are carried out by the time the case reaches Court.

Although it is rare, in practice, for these extreme measures to be used you still need to be aware that these penalties exist, and should be careful to deal promptly with your repairing obligations when they arise. It is after all protecting your financial investment. If the property is properly insured most costly repairs and works should be covered by the insurance policy.

The landlord is not impliedly liable for dangerous defects; however Section 4 of the Defective Premises Act 1972 places a duty of care on the landlord in relation to any person who might be affected by a defect; ‘to take such care as is reasonable in all the circumstances to see that they are reasonably safe from personal injury and from damage to their property caused by a relevant defect’.

A defect is relevant if the landlord knows about it or should have known about it - the fact that a defect has not been reported or there has been a failure to inspect (e.g. rotten floorboards or joists) does not remove liability. It is for this reason that it is important that landlords or their agents, carry out regular inspections. Section 4 provides tenants or other affected persons with the right to seek damages for personal injury or damage to property.

Section 2 of the Occupiers’ Liability Act 1957 provides that the occupier of a property has a duty of care to all visitors who come onto their premises. This applies to landlords where they are the legal occupier of some parts of their rented property e.g. using areas such as lifts and common parts.

The duty means taking such care as would be reasonable in all circumstances to see that the visitor is safe in using the premises for its' purpose. The landlord is liable for any injury caused to a visitor as a result of defects in the part of the building occupied by the landlord. Again, it is imperative that a proper landlord's insurance is in place if things go wrong.