Landlord Advice UK Tenant Eviction Service For Landlords

Landlords Responsibilities

Most residential tenancies in the UK are assured tenancies, assured shorthold tenancies (ASTs), or, in Wales, occupation contracts. Landlords of these tenancies have specific legal obligations to maintain the property in a safe and habitable condition. These obligations ensure that tenants live in a property that meets basic standards of repair and safety.

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Key Repairing Obligations Under Section 11 of the Landlord and Tenant Act 1985

Section 11 of the Landlord and Tenant Act 1985 (as amended) imposes a statutory duty on a landlords responsibilities to:

• Keep the structure and exterior in repair: This includes the roof, walls, windows, doors, drains, gutters, and external pipes.
• Maintain installations for essential services: Landlords must keep installations for the supply of water, gas, electricity, sanitation (including basins, sinks, baths, and toilets), and heating systems (space heating and hot water) in good repair and proper working order.

These obligations are implied terms, meaning they automatically apply to most tenancy agreements, even if not explicitly stated. Failure to meet these obligations could result in legal action by tenants or enforcement by local authorities.

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Fitness for Human Habitation

The Homes (Fitness for Human Habitation) Act 2018, which applies to tenancies starting on or after 20 March 2019, requires properties to be fit for human habitation throughout the tenancy. A property may be deemed unfit if it is “not reasonably suitable for occupation” due to issues such as:

• Disrepair
• Damp
• Poor internal layout or design
• Insufficient natural lighting or ventilation
• Inadequate water supply, drainage, or sanitary conditions
• Instability
• Lack of proper facilities for food preparation and cooking
• Category 1 or 2 hazards under the Housing Health and Safety Rating System (HHSRS).

Landlords responsibilities require that any issues that render the property unfit for habitation are addressed. Government non-statutory guidance provides examples of defects that may lead to unfitness.

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Non-Contractual Liability for Disrepair

Landlords can also be liable for disrepair not explicitly covered by the tenancy agreement under the following:

• Tort of Negligence: For failing to take reasonable care to prevent harm.
• Nuisance: If the disrepair causes interference with the tenant’s use and enjoyment of the property.
• Defective Premises Act 1972: Landlords are liable for injuries resulting from property defects they were aware of or should have addressed.

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Health and Safety Obligations

Landlords have additional responsibilities to ensure the property is safe for tenants, including:

• Gas Safety: Annual gas safety checks and certification are mandatory.
• Electrical Safety: Landlords must ensure all electrical installations are safe and conduct five-year electrical safety checks.
• Fire Safety: Compliance with fire safety regulations, including providing smoke alarms, carbon monoxide detectors, and clear evacuation routes.
• Furnishings: Furniture and furnishings must meet fire safety standards.
• Asbestos Management: Identifying and managing asbestos hazards.
• Pest and Vermin Control: Ensuring proper waste disposal and vermin prevention.

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HMO-Specific Obligations

Landlords of houses in multiple occupation (HMOs) have additional legal requirements, including:

• Ensuring compliance with fire safety and management regulations.
• Preventing overcrowding by adhering to maximum occupancy limits.
• Maintaining shared facilities (e.g., kitchens and bathrooms) in good condition.

Failure to comply with these obligations can result in severe penalties, including fines and banning orders.

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Responsibilities for Retained and Shared Areas

Landlords are also responsible for maintaining areas they retain control over, such as:

• Rooms used exclusively by the landlord.
• Common areas like stairwells, courtyards, hallways, and roofs.
• Any part of the building used by multiple tenants.

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Tenant Rights and Remedies

If a property falls into disrepair or becomes unfit for habitation, tenants have the right to:

• Order for Specific Performance: Tenants can request a court order requiring landlords to carry out necessary repairs.
• Claim for Damages: Tenants can seek compensation for inconvenience, harm, or loss caused by the disrepair.
• Local Authority Action: Tenants can report landlords to local authorities, which may issue improvement or prohibition notices.

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Avoiding Penalties and Ensuring Compliance

Landlords must proactively address all repair and maintenance issues to avoid disputes and potential enforcement actions. Regular property inspections, prompt response to tenant complaints, and adherence to legal standards are essential.