Last amended by Leasehold and Freehold Reform Act 2024 in 2024. Strengthened leaseholders' rights to information and challenge in respect of service charges, and made consequential amendments to the LTA 1985 regime, including changes to the s.20 consultation threshold and expanding the definition of qualifying works.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Landlord and Tenant Act 1985 is the principal statute implying repairing obligations into short residential tenancies and regulating service charges in long leasehold residential properties. Its most important provision, s.11, implies into every lease of a dwelling-house granted for less than 7 years a covenant by the landlord to keep in repair the structure and exterior of the dwelling-house (including drains, gutters, and external pipes) and to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas, electricity, and for sanitation and space heating and water heating. The landlord's liability under s.11 is triggered only after they have been notified of the disrepair and a reasonable time has elapsed for them to carry out the work. The Act's service charge provisions (ss.18-30) provide that service charges in long residential leases must be reasonable and for costs reasonably incurred; they give tenants rights to inspect accounts, request summaries, and challenge unreasonable charges before the First-tier Tribunal (Property Chamber). Major works costing more than £250 per leaseholder require consultation under s.20.
Key Points
- Implied repairing covenant — landlord must keep in repair the structure, exterior, and essential service installations in leases of less than 7 years (s.11(1))
- Scope of s.11 — covers structure and exterior, drains, gutters, external pipes, and installations for water, gas, electricity, sanitation, space heating, and water heating (s.11(1)(a)–(b))
- Tenant's obligation — tenant must use the dwelling in a tenant-like manner and must inform the landlord of defects requiring repair
- Landlord's liability is triggered by notice — no liability arises until the landlord knows or is notified of the disrepair and a reasonable time has elapsed (O'Brien v Robinson [1973])
- Service charges must be reasonably incurred and for works or services of a reasonable standard (s.19(1)); excessive charges may be challenged before the First-tier Tribunal (Property Chamber)
- Major works consultation — before carrying out qualifying works costing more than £250 per leaseholder, the landlord must follow a two-stage consultation procedure (s.20, as amended by CLRA 2002 and SI 2003/1987)
- Landlord's name and address — landlord must provide name and address to tenant on request or on payment of rent (ss.1-3); failure may give tenant a withholding right
- Right to request summary of service charge costs (s.21) and to inspect supporting accounts and receipts (s.22)
Parts & Sections
Amendments History
2002 — Commonhold and Leasehold Reform Act 2002
Significantly amended the service charge and consultation provisions (ss.19-30), introducing the right to manage and improving leaseholders' ability to challenge unreasonable service charges before the Leasehold Valuation Tribunal (now First-tier Tribunal).
2024 — Leasehold and Freehold Reform Act 2024
Strengthened leaseholders' rights to information and challenge in respect of service charges, and made consequential amendments to the LTA 1985 regime, including changes to the s.20 consultation threshold and expanding the definition of qualifying works.
Frequently asked questions
- What repairs must a landlord do under the Landlord and Tenant Act 1985?
- Section 11 of the Landlord and Tenant Act 1985 implies a repairing covenant into leases of dwelling-houses granted for less than seven years. This obliges the landlord to keep the structure and exterior, including drains and gutters, in repair. They must also maintain installations for water, gas, electricity, sanitation, and heating in proper working order. This obligation applies automatically to qualifying short residential tenancies in England and Wales.
- When does a landlord become legally responsible for repairs?
- A landlord's liability to repair under Section 11 is only triggered after they have been notified of the disrepair. Once notified, a reasonable time must elapse for them to carry out the work. If the landlord is unaware of the defect, they are not liable. Tenants are expected to use the property in a tenant-like manner and must inform the landlord of any defects requiring repair to activate these statutory obligations.
- Can a landlord include a clause in the lease to avoid repair duties?
- No. Any covenant or agreement that attempts to exclude or limit the landlord's obligations under Section 11 is of no effect. Similarly, any clause that authorises forfeiture or imposes penalties on the tenant for enforcing or relying on these repairing obligations is void. This statutory protection ensures that tenants in short leases cannot be contractually prevented from demanding essential repairs to the structure or services.
- What rights do tenants have regarding service charges?
- Service charges in long residential leases must be reasonable and for costs reasonably incurred. Tenants have the right to inspect supporting accounts and receipts, as well as request summaries of costs. If a charge is deemed unreasonable, tenants can challenge it before the First-tier Tribunal (Property Chamber). These rights are designed to ensure transparency and fairness in the recovery of service costs from leaseholders.