What Are Landlords Responsible for Fixing in a Rented Property?

As a landlord, you are legally responsible for most repairs and maintenance in your rental home - but where do your obligations end and your tenants' begin?

In this guide, we'll outline what landlords are responsible for fixing in a rented property so that you never find yourself in dispute with your tenants. We'll also cover how long you have to carry out any repairs and the actions that your tenants could take against you if you fail to get things fixed in time.

Explore the NRLA's range of pre-tenancy resources for landlords for more information about your legal responsibilities as a landlord.

Who is responsible for repairs in a rental property?

Under the Landlord and Tenant Act 1985, the landlord is responsible for the majority of repairs in their rental property.

Section 11 of the Act states that, where a short lease of less than seven years or periodic tenancy is in place, the landlord is responsible:

• A. to keep in repair the structure and exterior of the dwelling, including drains, gutters and external pipes,
• B. to keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences) but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity, and
• C. to keep in repair and proper working order the installation in the dwelling for space heating and heating water.

However, the Act also outlines the circumstances in which the landlord is not responsible for repairs. The landlord has no obligation:

• A. to carry out works or repairs for which the lessee is liable by virtue of his duty to use the premises in a tenant-like manner, or would be so liable but for an express covenant on his part,
• B. to rebuild or reinstate the premises in the case of destruction or damage by fire, or by tempest, flood or other inevitable accident, or
• C. to keep in repair or maintain anything which the lessee is entitled to remove from the dwelling-house.

So, based on this legislation, what is each party responsible for repairing in a rented property? Let's take a closer look at your responsibilities as a landlord.
 

What repairs are the landlord responsible for?

As the landlord, you are required to keep the property in good repair throughout the tenancy, ensuring it remains up to the standard it was at the start of the assured shorthold tenancy agreement.

Landlords are responsible for the repairs of anything related to the supply of:

• Water
• Gas (servicing once a year by a registered gas engineer)
• Electricity
• Sanitation
• Space heating and heating water

This includes cisterns, radiators, boilers, heating ducts, water tanks, baths, sinks, and all the pipes for gas and water, as well as electrical sockets and wiring throughout the property.

The landlord is also responsible for the exterior of the property and any essential structural repairs, including:

• The roof
• The guttering
• Drains and exterior pipes
• Exterior walls
• Windows and doors

Some types of landlord repairs can be costly, which is why it’s important to have landlord insurance.

GOOD TO KNOW: Landlords cannot be held responsible for any breakages or damage that has been caused by misuse or neglect on the tenant's part.

How long do UK landlords have to fix problems and carry out repairs?

Landlords are expected to carry out any repairs within a 'reasonable time' from when the tenant reports the issue. UK law doesn't define how long a reasonable time is, so it will depend on how urgent or serious the issue is.

If the issue renders the property uninhabitable, you should aim to deal with it immediately - especially if the property no longer meets the Housing Health and Safety Rating System (HHSRS) requirements.

Minor issues do not have to be dealt with straight away, but the delay for minor repairs must still be 'reasonable'.

What if the landlord fails to carry out the repairs?

Tenants can report a HHSRS hazard to the local authority if the landlord fails to carry out repairs that pose a health and safety risk.

The local authority can then perform an inspection and compel the landlord to perform works by serving either an 'improvement notice' or a 'notice of emergency remedial action'.

If the landlord still fails to carry out the repairs, the council has the power to impose a civil penalty of up to £30,000. They may also take the landlord to court, where they would face a potentially unlimited fine and/or a ban from being a landlord.

Tenants can also take their landlords to court if the home is not fit for human habitation under the Homes (Fitness for Human Habitation) Act 2018. The court can request the landlord to carry out repairs and may order them to pay compensation to the tenants as well.

What repairs are the tenants responsible for?

Your tenants are responsible for:

• Repairing any items that they own
• Repairing any minor issues, such as blocked sinks or broken light bulbs
• Any damage to the property caused by them or their guests

If a tenant damages your property, you have the right to charge them for any necessary repair work. This is typically done by deducting the damage costs from the tenant's deposit.

Bear in mind that tenants are not responsible for fair wear and tear - this can be defined as any inevitable deterioration of the property and its furnishings that is expected to occur over the course of a tenancy and cannot be prevented.

Get tenancy support whenever you need it with the NRLA

With so much legislation to remember, staying on top of your legal obligations as a landlord can be tricky. That's why the NRLA are here to help, providing you with the information and support you need, exactly when you need it.

As a member of the NRLA, you'll have unlimited access to our experienced landlord support team, as well as exclusive discounts and resources that make managing your tenancies easier than ever.

Join the NRLA today for support throughout your tenancy and beyond.

Are landlords responsible for fixing appliances?

As the landlord, it's normally your responsibility to fix any appliances that are included in the inventory and form part of the tenancy agreement. However, if the appliance has been damaged by the tenant, it will be their responsibility to pay for the repairs.

Landlords are not responsible for fixing any appliances that belong to the tenant and did not form part of the tenancy agreement.
 

Is the landlord responsible for fixing the washing machine?

If the washing machine is included in the inventory and forms part of the tenancy agreement, it is the landlord's responsibility to get it fixed, provided the breakage was not the tenant’s fault.

However, if the washing machine is broken due to misuse on the tenant's part, you generally will not be responsible for repairs. This will usually depend on what has been agreed upon in the tenancy agreement.

If you do have to fix the washing machine yourself in this circumstance, you will be able to deduct the cost of repairs from the tenant’s deposit.
 

Is the landlord responsible for fixing the toilet?

If the toilet breaks and it’s not the tenant’s fault, it is your responsibility to fix it. That's because under Section 11 of the Landlord and Tenant Act 1985, the landlord is responsible for 'the installations in the dwelling for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences).'

However, if the toilet is broken due to misuse by the tenants, you will not be responsible for the repairs. That said, it’s still best to carry out the repairs yourself to prevent further damage and deduct the cost of repairs from the tenant's deposit when they move out.