Landlord repair obligations in 2026: what you must fix, and how fast
Every landlord in England has a legal duty to keep a rented property in repair and fit to live in. This isn't a new Renters' Rights Act requirement - it has been law since 1985, tightened in 2019 - but two 2026 changes raise the stakes. Every tenancy is now an assured periodic tenancy with no fixed end date, so a neglected repair can sit unresolved for years. And with Section 21 gone, disrepair is now a genuine defence against a possession claim. Here's what you must fix, how fast, and what happens if you don't.
The Section 11 repairing obligation
Section 11 of the Landlord and Tenant Act 1985 is an implied term in almost every residential tenancy, including assured periodic tenancies - it applies automatically whether or not your agreement mentions it, and you cannot contract out of it. It covers three things: the structure and exterior (walls, roof, foundations, drains, gutters); water, gas and electricity supply and sanitation installations (pipes, wiring, basins, sinks, baths, toilets); and space and water heating installations (boiler, radiators, tank). It does not cover appliances themselves - the oven or washing machine - unless your agreement separately promises to repair them, worth being clear about in your written statement of terms. Nor does it cover damage the tenant caused by not using the property in a tenant-like manner, rebuilding after fire or flood, or anything the tenant is entitled to remove.
Fit for human habitation - a separate, wider duty
Section 9A of the same Act, inserted by the Homes (Fitness for Human Habitation) Act 2018, goes further: the property must be fit to live in from the start and throughout the tenancy - covering not just repair but damp, ventilation, light, layout, drainage, and any Housing Health and Safety Rating System (HHSRS) hazard. A single problem, such as persistent damp, can breach both duties at once, and like Section 11 it cannot be contracted out of. The key difference: fitness looks at the property as a whole, and a tenant can take a claim straight to the County Court for an order and damages without the council inspecting first.
| Duty | What it covers | How it's enforced |
|---|---|---|
| Section 11 repairs | Structure, exterior, and the water/gas/electricity, sanitation and heating installations | Tenant can sue for damages or an order forcing the work, once you've had notice and reasonable time to act |
| Fitness for habitation (s.9A) | Everything above, plus damp, ventilation, light, layout and any HHSRS hazard | Same County Court route as Section 11, or council enforcement after an HHSRS inspection |
| HHSRS Category 1 hazard | The most serious hazards - severe damp/mould, excess cold, fire risk, dangerous electrics | Council must act - an improvement notice or, in the worst cases, a prohibition order |
| HHSRS Category 2 hazard | Less urgent hazards | Council has the power to act, but isn't required to |
| Awaab's Law timescales | Fixed legal deadlines to investigate and fix damp and mould hazards | Social housing only for now - Renters' Rights Act plans to extend it to private rentals, no date confirmed |
How fast do you actually have to act?
There's no fixed statutory deadline for most repairs - the law requires a "reasonable time" after you're put on notice, depending on how serious the issue is, parts availability, and whether the tenant is living with the fault. A dripping tap can reasonably wait longer than a broken boiler in December. Your obligation doesn't start until you know about the problem - the tenant can tell you verbally, by text or email, no format is required - or you find out some other way. Once you're on notice, the clock is running, and in return you can give 24 hours' written notice to enter and inspect.
What happens if you don't fix it
Two enforcement routes run in parallel. The tenant can go to the County Court for breach of an implied term, seeking an order plus damages for the time it was left unresolved. Separately, they can ask the council's environmental health team to inspect under the HHSRS - a Category 1 hazard means the council must act, typically with an improvement notice or, in serious cases, a prohibition order preventing occupation. You cannot charge the tenant for repairs you're legally required to do - likely a banned fee under the Tenant Fees Act - and you cannot use a rent increase to recover the cost, since a Section 13 increase must reflect market rent, not your maintenance bill. These duties sit alongside the other items in our landlord compliance checklist.
Keep repairs and compliance in one place
The Complete Landlord Pack includes your compliant tenancy agreement, the Landlord Handbook 2026 and a full compliance calendar - so certificates, inspections and repairs are tracked in one place, not scrambled together after a tenant raises them. £59, one-off, instant download.
See the Complete Pack →Frequently asked questions
What must I repair as a landlord? By law (Section 11 Landlord and Tenant Act 1985), you must keep in repair the structure and exterior, and keep in working order the installations for water, gas, electricity, sanitation, and space and water heating. Appliances like ovens or washing machines are only your responsibility if your agreement says so.
How quickly do I have to carry out repairs? There's no fixed deadline in law - you must act within a reasonable time once you've been told, which depends on how serious the problem is. Urgent safety issues like no heating in winter should reasonably be fixed within days, not weeks.
Does Awaab's Law apply to my rental property yet? Not yet. Awaab's Law's fixed timescales for investigating and fixing damp and mould hazards currently apply only to social housing. The Renters' Rights Act plans to extend it to the private rented sector, but no implementation date has been confirmed.
Can I charge my tenant for repairs, or recover the cost through a rent increase? No. You cannot charge a tenant for repairs you're legally required to do - likely a banned fee under the Tenant Fees Act - unless the tenant caused the damage. A Section 13 rent increase must reflect market rent, not recover repair costs.
This guide is general information for landlords in England, not legal advice for your specific circumstances. If you're facing a serious disrepair dispute, get advice from a solicitor or Citizens Advice.