What Is Section 11 of the Landlord and Tenant Act 1985?
If you rent a home in England or Wales and the boiler keeps failing, damp is creeping up the walls or the roof lets in water every time it rains, the law is more on your side than you might think. Section 11 of the Landlord and Tenant Act 1985 writes a set of repairing obligations into most short residential tenancies automatically, whether or not the tenancy agreement mentions them. Landlords cannot contract out of these obligations for the tenancies the section covers, and a clause that tries to pass them to the tenant will generally not be effective.
In broad terms, section 11 applies to most residential tenancies granted for a term of less than seven years, which includes the assured shorthold tenancies used for the majority of private rentals. Under it, the landlord is responsible for keeping in repair:
- The structure and exterior of the dwelling – typically the roof, external walls, windows, external doors, drains, gutters and external pipes.
- Installations for the supply of water, gas and electricity, and for sanitation – including basins, sinks, baths and sanitary conveniences.
- Installations for space heating and heating water – such as boilers, radiators and hot water systems.
This article explains what those obligations mean in practice, what counts as disrepair, and how disrepair is evidenced – which is where an independent chartered surveyor often becomes essential for tenants and landlords alike. It is general information, not legal advice: the law in this area is detailed and fact-sensitive, so always take professional advice on your own situation.
What Counts as Disrepair Under Section 11?
Disrepair, in general terms, means that something the landlord is responsible for has deteriorated from a previous better condition and now needs to be put right. Common examples include:
- Roof leaks, slipped tiles and failed flashings letting water into the building.
- Penetrating damp through defective external walls, pointing or render.
- Rising damp linked to a failed or bridged damp-proof course.
- Rotten or broken windows and external doors.
- Faulty boilers, radiators or hot water systems.
- Defective wiring, sockets or consumer units.
- Leaking or blocked pipes, drains and sanitary fittings.
- Cracking or movement affecting the structure.
Two points are worth understanding, because they decide many disputes.
Disrepair usually means deterioration, not just a poor design
Broadly speaking, the repairing obligation bites when part of the building or an installation is in a worse condition than it once was. A house that was simply built without insulation, or with a layout that encourages condensation, is not automatically in disrepair just because it performs poorly – although other legal routes, such as the rules on fitness for human habitation, may be relevant. Condensation and mould cases often turn on whether an underlying defect in the structure, exterior or installations can be identified. This is precisely the kind of question a surveyor’s inspection is designed to answer.
The landlord generally has to know about the defect
For defects inside the dwelling, the landlord’s obligation to repair is normally only triggered once they have notice of the problem. That is why reporting defects promptly, clearly and in writing matters so much for tenants – and why keeping good records of reports and responses matters so much for landlords.
The Tenant’s Position
If you are a tenant living with disrepair, the sensible sequence is usually:
- Report the problem in writing and keep copies. Emails, letters and messages create the notice the landlord needs and the paper trail you may need later.
- Allow reasonable access for inspection and repair. Landlords are generally entitled, on reasonable notice, to enter to view the condition of the property, and refusing access can undermine a complaint.
- Gather evidence – dated photographs, videos, records of damaged belongings and any health effects.
- Escalate if nothing happens. Depending on the circumstances, options can include complaining to the local authority’s housing team, using a landlord’s or agent’s complaints procedure, or taking legal action for repairs and compensation. Take advice before starting a claim, and be cautious about withholding rent, which carries risks.
In a housing disrepair claim, the condition of the property and the cause of each defect are usually the central issues. Courts and the pre-action protocol that applies to housing conditions claims in England expect that expert evidence, where needed, comes from a suitably qualified independent expert – often a chartered surveyor – rather than from the parties themselves.
The Landlord’s Position
For landlords, section 11 is not something to fear if the property is well maintained, but it does demand a proactive approach:
- Respond promptly to reports. Once you have notice of a defect, you are generally expected to repair it within a reasonable time. What is reasonable depends on the defect – a dangerous electrical fault demands faster action than a dripping gutter.
- Inspect periodically. Regular inspections help you catch structural and external defects, for which liability can arise differently than for internal ones.
- Keep records. Dated reports, contractor invoices and inspection notes are your best protection if a claim is ever made.
- Get independent evidence when a dispute looms. If a tenant alleges widespread disrepair, an independent survey establishes objectively what is defective, what is condensation-related, what is fair wear and tear and what is tenant damage.
Landlords should also remember that section 11 sits alongside other duties – including gas and electrical safety requirements and the obligation, in England, to ensure the property is fit for human habitation – so a repair issue is rarely just a section 11 issue.
How Disrepair Is Evidenced: The Surveyor’s Role
Whether you are a tenant contemplating a claim or a landlord defending one, the quality of the evidence usually decides the outcome. Photographs on a phone show that something looks wrong; they rarely show why, how serious it is, or what it will cost to put right. That is the job of an independent RICS chartered surveyor, who can provide:
- Independent building surveys. A thorough inspection of the property recording every defect, its likely cause and its severity. Our building surveys give a room-by-room, element-by-element account of the property’s condition that stands up to scrutiny.
- Schedules of condition. A schedule of condition report records the state of a property at a fixed point in time, with photographs and descriptions. Prepared at the start of a tenancy, it is invaluable later for separating pre-existing defects from new deterioration and tenant damage from landlord disrepair.
- Specific defect reports. Where the argument is about one issue – say, whether mould is caused by a leaking parapet gutter or by condensation – a focused specific defect report investigates that single defect, diagnoses the cause and recommends remedial work.
- Expert witness reports for housing disrepair claims. Where court proceedings are contemplated or under way, a surveyor can be instructed – sometimes jointly by both parties – to produce a report that complies with the court rules on expert evidence, setting out the defects, their causes, the remedial works needed and indicative costs. The expert’s overriding duty is to the court, not to the party paying, which is exactly why such reports carry weight.
A good report does three things: it identifies the defect precisely, it attributes a cause on the balance of the evidence, and it distinguishes matters falling within the landlord’s repairing obligations from those that do not. That clarity often settles disputes before they ever reach a courtroom.
When to Instruct a Chartered Surveyor
Consider instructing a chartered surveyor when:
- You are a tenant whose written reports of disrepair have gone unanswered and you need independent evidence of the property’s condition before escalating.
- You are a landlord facing a disrepair complaint or claim and need an objective assessment of what is genuinely defective and what it will cost to remedy.
- The cause of a problem is disputed – classically, damp and mould, where leak, rising damp and condensation each point to different responsibilities.
- Solicitors on either side have advised that expert evidence is needed for a housing conditions claim.
- You are granting or taking a tenancy and want a schedule of condition as a benchmark against which future disrepair can be measured.
Timing matters. Evidence gathered while the defects are visible is far stronger than evidence assembled after repairs have been done or conditions have changed, so it is usually better to instruct a surveyor early rather than late.
Section 11 Landlord and Tenant Act 1985: FAQ
Does section 11 apply to my tenancy?
In general terms it applies to most residential tenancies in England and Wales granted for less than seven years, including typical assured shorthold tenancies. There are exceptions and nuances – for example around some older tenancies and certain lettings – so if it matters to your case, check with a housing solicitor or advice agency.
Is my landlord responsible for damp and mould?
It depends on the cause. Damp arising from disrepair to the structure, exterior or installations – a leaking roof, defective pointing, a failed damp-proof course or a leaking pipe – generally falls to the landlord. Condensation with no underlying defect is more complicated, though landlords in England also have a separate obligation to ensure the property is fit for human habitation, and serious mould can engage that duty. A surveyor’s inspection is often the only reliable way to establish the cause.
Can my landlord make me pay for repairs that section 11 covers?
Generally no. For tenancies within section 11, the landlord cannot pass these repairing obligations to the tenant through the tenancy agreement. Tenants remain responsible for using the property in a reasonable, tenant-like manner and for damage they cause, but the core obligations for the structure, exterior and installations rest with the landlord.
Independent Evidence From RICS Chartered Surveyors
This article is general information about section 11 of the Landlord and Tenant Act 1985 and is not legal advice; for advice on a specific dispute you should consult a solicitor or a housing advice service. What we can provide is the independent, RICS-standard evidence on which those disputes turn. Notting Hill Surveyors carries out building surveys, schedules of condition, specific defect investigations and expert reports for housing disrepair matters across London, for tenants, landlords and their legal advisers. Request your free quote and tell us about the property – we will recommend the right level of report for your situation.