The Landlord and Tenant Act 1985 is an Act of the Parliament of the United Kingdom dealing mainly with residential tenancies in England and Wales. It is best known for section 11, which implies repairing obligations into many short residential leases.
The Act does not contain the whole law of renting. Security of tenure, eviction procedure, deposit protection, rent repayment orders, licensing schemes, harassment, and many possession grounds are mainly dealt with through other legislation.
Scope
The Act applies to particular landlord and tenant relationships, especially residential leases. Some provisions apply only to certain types of tenancy or lease. The exact application depends on the type of tenancy, the date it was granted, the term, and later amendments.
The Act is often relevant to assured shorthold tenancies, council tenancies, housing association tenancies, and long residential leases, but not every section applies in the same way to every arrangement.
Section 11 Repairing Obligations
Section 11 implies obligations into many short leases of dwelling houses. In broad terms, the landlord must keep in repair:
- The structure and exterior of the dwelling.
- Installations for the supply of water, gas, electricity, and sanitation.
- Installations for space heating and heating water.
The duty is about keeping items in repair, not making every improvement a tenant would prefer. The landlord usually needs notice of the defect, except in some cases involving common parts or matters already known to them.
Fitness for Human Habitation
The Act now includes provisions requiring certain dwellings to be fit for human habitation. These changes were strengthened by the Homes (Fitness for Human Habitation) Act 2018.
Fitness concerns the condition of the dwelling as a place to live. Relevant issues can include damp, ventilation, water supply, drainage, sanitation, stability, natural lighting, safety, and hazards affecting health.
Service Charges
The Act contains important provisions about residential service charges. These include reasonableness requirements, consultation requirements for certain major works and long-term agreements, rights to summaries and accounts, and limits on recovery where the statutory process is not followed.
Section 20 consultation is particularly important for leaseholders. If a landlord does not consult properly before qualifying works or agreements, recovery from leaseholders may be limited unless dispensation is granted.
Landlord Information
The Act gives tenants rights to information about the landlord's identity and address. This matters because tenants need to know who is responsible for the tenancy and where formal notices can be served.
What the Act Does Not Cover
The Act is sometimes wrongly described as if it covers all possession grounds, rent increases, illegal eviction, harassment, and rent repayment orders. Those topics are mainly found elsewhere.
Examples include:
- Possession grounds for assured tenancies in the Housing Act 1988.
- Illegal eviction and harassment in the Protection from Eviction Act 1977.
- Rent repayment orders in the Housing and Planning Act 2016.
- Selective and HMO licensing in the Housing Act 2004.
- Deposit protection in the Housing Act 2004.
Practical Examples
Broken Boiler
A tenant reports that the boiler has stopped working. Section 11 may require the landlord to repair the heating and hot water installation within a reasonable time.
Tenant Damage
A tenant breaks an internal door through misuse. Section 11 does not normally make the landlord responsible for damage caused by the tenant's own failure to use the property properly.
Major Works Consultation
A freeholder proposes expensive roof works in a block of flats and intends to recover the cost through service charges. Section 20 consultation may be required before full recovery from leaseholders.
See Also
References
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