Section 11 Landlord and Tenant Act 1985: Your Right to Repairs

Last updated: March 2026

Quick Answer

Section 11 of the Landlord and Tenant Act 1985 imposes an implied repairing obligation on landlords of residential tenancies granted for fewer than seven years. It covers the structure and exterior of the property, as well as installations for water, gas, electricity, sanitation, and heating. The landlord's duty arises once they have notice of the disrepair. If they fail to carry out repairs within a reasonable time, tenants can claim damages, seek an order for specific performance, or both.

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Why Section 11 Matters

If you rent your home in England or Wales, you almost certainly benefit from the protections in Section 11 — whether your tenancy agreement mentions them or not. This statutory repairing covenant is implied into every short residential tenancy by operation of law, and the landlord cannot contract out of it. It does not matter whether the landlord is a private individual, a property company, a housing association, or a local authority. The obligation applies across the board.

Understanding Section 11 is important for two reasons. First, it tells you what your landlord is legally required to repair. Second, it provides the foundation for a civil claim if those repairs are not carried out. Many tenants live with disrepair for months or years, not realising they have an enforceable right to insist on action. This article explains what that right covers, how to enforce it, and what to expect if your claim reaches court.

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What Section 11 Covers

The statute divides the landlord's repairing obligation into three broad categories.

Structure and Exterior

The landlord must keep in repair the structure and exterior of the dwelling-house. This includes:

• Roof — tiles, felt, flashing, chimneys
• Walls — external brickwork, rendering, cladding, damp-proof course
• Foundations — subsidence and structural movement
• Windows and doors — frames, sills, glazing, locks
• Guttering and downpipes — drainage from the roof
• External pipes and drains — sewage and rainwater disposal

The leading authority on the meaning of "structure and exterior" is Irvine v Moran [1991] 1 EGLR 261, which confirmed that internal plasterwork can form part of the structure where it is an integral part of the wall rather than a decorative finish.

Installations for Water, Gas, Electricity, and Sanitation

The landlord must keep in repair installations for:

• Water supply — pipes, tanks, cisterns
• Gas supply — pipework and meters (but not appliances owned by the tenant)
• Electricity — wiring, sockets, consumer units
• Sanitation — basins, sinks, baths, showers, toilets, and associated drainage

Installations for Heating

The landlord must also keep in repair installations for:

• Space heating — central heating systems, radiators, boilers
• Heating water — hot water cylinders, immersion heaters, combination boilers

It is worth noting that Section 11 covers the heating installation, not individual portable heaters or appliances the tenant has brought into the property.

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What Section 11 Does Not Cover

Section 11 has defined limits. It does not impose an obligation to:

• Rebuild or reinstate the property following damage by fire, storm, or flood (unless the damage is attributable to a failure to maintain)
• Carry out improvements or upgrades beyond the original standard of the property
• Repair items the tenant is expressly responsible for under the tenancy (provided this does not amount to contracting out of Section 11)
• Repair damage caused by the tenant's own breach of their obligation to use the property in a tenant-like manner

The tenant's obligation to use the property in a tenant-like manner — a common law duty — covers small routine matters such as unblocking sinks caused by misuse, replacing fuses, and keeping the property reasonably clean. It does not extend to structural or installation repairs, which remain with the landlord.

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The Notice Requirement

This is the single most important tactical point in any Section 11 claim. The landlord's duty to repair does not arise until they have notice of the disrepair. This was established in O'Brien v Robinson [1973] AC 912 and has been consistently applied since.

What Counts as Notice?

Notice can be:

• Express — a letter, email, text message, or telephone call informing the landlord of the problem
• Constructive — where the landlord ought reasonably to have known, for example through a routine inspection or because the defect was visible from the common parts

For tactical purposes, always give notice in writing and keep a copy. An email with a read receipt, a letter sent by recorded delivery, or a message through the landlord's online portal all create a clear paper trail.

When Does the Clock Start?

Once notice has been given, the landlord has a reasonable time to carry out the repair. What counts as reasonable depends on the nature and urgency of the defect:

If the landlord fails to carry out the repair within a reasonable time, they are in breach of Section 11. The tenant can then pursue a claim for damages and, where appropriate, an order for specific performance.

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Remedies Available to Tenants

Damages

The primary remedy in a Section 11 claim is damages. These fall into several categories:

• General damages for discomfort and inconvenience — assessed as a percentage reduction in the rental value of the property for the period during which the disrepair persisted. Courts commonly award between 15% and 50% of the rent depending on severity.
• Special damages — quantifiable financial losses such as the cost of alternative heating, damaged belongings, cleaning costs, or temporary accommodation.
• Personal injury damages — where the disrepair has caused or exacerbated a health condition. Respiratory conditions from mould exposure and injuries from structural hazards are common examples. Medical evidence is essential.

Specific Performance

Under Section 17 of the Landlord and Tenant Act 1985, the court has power to order the landlord to carry out specific repairs. This is a discretionary remedy, but courts are generally willing to grant it where damages alone would not be adequate — for example, where the tenant is still living in the property and the disrepair continues.

Injunctive Relief

In urgent cases, tenants can apply for an interim injunction requiring the landlord to carry out works before the full trial. This is most relevant where there is a serious risk to health or safety — for instance, a gas leak, structural instability, or severe damp affecting a child's bedroom.

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How to Build a Strong Section 11 Claim

A well-prepared claim requires methodical evidence gathering from the outset. Here is a practical framework.

1. Document the Disrepair

Take clear, date-stamped photographs and, where appropriate, video of every defect. Photograph the same areas over time to demonstrate deterioration. Include a scale reference (a ruler or coin) to show the size of cracks, mould patches, or damp staining.

2. Give Written Notice

Send a detailed letter or email to your landlord describing every defect and referencing Section 11 of the Landlord and Tenant Act 1985. Keep a copy and proof of delivery.

3. Follow the Pre-Action Protocol

The Pre-Action Protocol for Housing Conditions Claims requires you to send a letter before claim giving the landlord at least 20 working days to respond. The letter should describe the defects, the legal basis of the claim, the remedies sought, and the evidence available. Non-compliance with the Protocol can result in costs sanctions.

4. Obtain Expert Evidence

A report from a RICS-qualified surveyor or a local authority environmental health officer provides independent evidence of the nature, cause, and extent of the disrepair. If you are claiming personal injury, you will also need medical evidence linking the condition to the disrepair.

5. Keep a Chronological Record

Maintain a log of every communication with the landlord, every report to the local authority, every visit by a contractor, and every day the disrepair affected your use of the property. This contemporaneous record is far more persuasive than trying to reconstruct events from memory months later.

6. Preserve All Correspondence

Every letter, email, text message, voicemail, and online portal message is potentially relevant evidence. Save screenshots, print emails, and back up digital communications.

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Counterclaims and Defences

Landlords commonly raise several defences in Section 11 claims. Being prepared for them strengthens your position.

"I didn't have notice"

This is why written notice with proof of delivery is essential. If the landlord claims they were unaware of the disrepair, your documentary evidence of notice — ideally multiple communications over an extended period — will be decisive.

"The tenant caused the damage"

Section 11(2)(a) provides that the landlord is not required to repair damage caused by the tenant's breach of their obligation to use the property in a tenant-like manner. However, this defence is narrow. A landlord cannot argue, for example, that mould caused by a defective damp-proof course is the tenant's fault for failing to ventilate. Expert evidence on causation is important here.

"The cost of repair is disproportionate"

The landlord cannot avoid their Section 11 obligation simply because the repair is expensive. However, the standard of repair is that which is reasonable having regard to the age, character, and prospective life of the dwelling (Section 11(3)). A landlord of a Victorian terrace is not obliged to bring it to modern building standards, only to keep it in repair.

"Access was refused"

If the landlord can show that they attempted to arrange access for inspection or works and the tenant refused, this may reduce or eliminate their liability for the period of refusal. Always cooperate with reasonable requests for access and document the arrangements.

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How BundleCreator Helps

Preparing a Section 11 disrepair claim for court requires assembling a substantial body of evidence — photographs, correspondence, surveyor reports, medical records, the tenancy agreement, and the pre-action protocol exchange — into a single, professionally paginated bundle.

BundleCreator makes this process straightforward. You can:

• Upload all your documents and drag them into the correct sections
• Apply automatic sequential pagination across the entire bundle
• Generate a hyperlinked index that updates whenever documents are added or reordered
• Export a court-ready PDF formatted to align with the Civil Procedure Rules bundle requirements (CPR Part 39 / PD 32)

Whether you are a litigant in person or a solicitor managing multiple housing cases, a well-organised bundle signals to the court that your claim is serious and credible. Start building your bundle today at BundleCreator.co.

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Frequently Asked Questions

Does Section 11 apply to my tenancy?

Section 11 applies to all residential tenancies granted for a term of fewer than seven years in England and Wales. This covers the vast majority of assured shorthold tenancies, periodic tenancies, and most assured tenancies. It does not apply to tenancies granted for seven years or more, although longer tenancies may contain express repairing covenants that impose similar or greater obligations.

Can my landlord contract out of Section 11?

No. Section 12 of the Landlord and Tenant Act 1985 provides that a covenant or agreement which purports to exclude or limit the obligations under Section 11 is void. Even if your tenancy agreement states that you are responsible for all repairs, the Section 11 obligation still applies.

I've reported the problem verbally. Is that enough?

Verbal notice is legally sufficient to trigger the landlord's obligation, but it is far harder to prove than written notice. If you have only given verbal notice, follow up immediately in writing — by email, letter, or text message — summarising what you reported and when. This creates a contemporaneous record.

What if my landlord carries out a poor-quality repair?

A repair that is not done to a reasonable standard does not discharge the landlord's obligation. If the same defect recurs because of inadequate workmanship, the landlord remains in breach. Document the failed repair with photographs and report it again in writing.

Can I claim if I am in rent arrears?

Yes. A tenant's obligation to pay rent and a landlord's obligation to repair are independent covenants. Rent arrears do not prevent you from bringing a disrepair claim, although the landlord may counterclaim for the unpaid rent. If you are in arrears, seek advice on whether the arrears are related to the disrepair (for example, if you have been making payments towards alternative heating).

How long does a Section 11 claim take?

Claims allocated to the small claims track (up to £10,000 with no significant personal injury element) typically take three to six months from issue to hearing. Claims on the fast track (up to £25,000 or involving personal injury) may take six to twelve months. The pre-action protocol period adds a further month or more before proceedings can be issued.

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This article is for general informational purposes and does not constitute legal advice. For advice on your specific circumstances, consult a qualified solicitor.